F.G. Parker & Co Ltd has specialised in the production and preparation of profile wrapped mouldings and furniture components for nearly thirty years.
Data Protection Policy - FG Parker
1.1 This Policy sets out the obligations of F G Parker & Co Limited (the "Company") regarding data protection and the rights of customers both old and new and members of staff whether existing or not ("Data Subjects") in respect of their Personal Data under the Data Protection Act 1998 (DPA) and forthcoming General Data Protection Regulation (the "Regulation").
1.2The Regulation defines "Personal Data" as any information relating to an identified or identifiable natural person (a "Data Subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
1.3This Policy sets out the procedures that are to be followed when dealing with Personal Data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company. Any breach of this Policy may result in disciplinary action. This Policy does not form part of an employee’s contract of employment and may be amended at any time.
1.4The Company is committed not only to legal compliance, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all Personal Data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles
2.1This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which anyone handling Personal Data must comply. All Personal Data must be:
2.1.1processed lawfully, fairly, and in a transparent manner in relation to the Data Subject;
2.1.2collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes will not be considered to be incompatible with the initial purposes;
2.1.3adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
2.1.4accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that Personal Data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
2.1.5kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the Personal Data is processed; Personal Data may be stored for longer periods insofar as the Personal Data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the Data Subject;
2.1.6processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
3. Lawful, Fair, and Transparent Data Processing
3.1The Regulation seeks to ensure that Personal Data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the Data Subject. The Regulation states that processing of Personal Data will be lawful if at least one of the following applies:
3.1.1the Data Subject has given consent to the processing of his or her Personal Data for one or more specific purposes;
3.1.2processing is necessary for the performance of a contract to which the Data Subject is a party or in order to take steps at the request of the Data Subject prior to entering into a contract;
3.1.3processing is necessary for compliance with a legal obligation to which the Company is subject;
3.1.4processing is necessary to protect the vital interests of the Data Subject or of another natural person;
3.1.5processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Company;
3.1.6processing is necessary for the purposes of the legitimate interests pursued by the Company or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject which require protection of Personal Data, in particular where the Data Subject is a child.
4. Processed for Specified, Explicit and Legitimate Purposes
4.1The Company collects and processes the Personal Data set out in clause 21 of this Policy. This may include Personal Data received directly from Data Subjects (for example, contact details used when a Data Subject communicates with us) and data received from third parties.
4.2The Company only processes Personal Data for the specific purposes set out in clause 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process Personal Data will be communicated to Data Subjects at the time that their Personal Data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
5. Adequate, Relevant and Limited Data Processing
The Company will only collect and process Personal Data for and to the extent necessary for the specific purpose(s) communicated to Data Subjects in accordance with clause 3.1.6.
6. Accuracy of Data and Keeping Data Up To Date
The Company will ensure that all Personal Data collected and processed is kept accurate and up-to-date. The accuracy of Personal Data will be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date Personal Data is found, all reasonable steps will be taken without delay to amend or erase that Personal Data, as appropriate.
7. Timely Processing
The Company will not keep Personal Data for any longer than is necessary in light of the purposes for which that Personal Data was originally collected and processed. When the Personal Data is no longer required, all reasonable steps will be taken to erase it without delay.
8. Secure Processing
The Company will ensure that all Personal Data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which will be taken are provided in clauses 22 and 23 of this Policy.
9. Lawful, Fair, and Transparent Data Processing
9.1The Company’s Data Protection Officer is Robert Parker and Duncan Giles
9.2The Company will keep written internal records of all Personal Data collection, holding, and processing, which will incorporate the following information:
9.2.1the name and details of the Company, its Data Protection Officer, and any applicable third party data controllers;
9.2.2the purposes for which the Company processes Personal Data;
9.2.3details of the categories of Personal Data collected, held, and processed by the Company; and the categories of Data Subject to which that Personal Data relates;
9.2.4details (and categories) of any third parties that will receive Personal Data from the Company and on what basis. A copy of any agreement purporting to transfer Personal Data must be kept and reviewed prior to signing to ensure processing provisions are compliant with the Regulation. Please contact the Data Protection Officer before entering into any contract;
9.2.5details of any transfers of Personal Data to non-EEA countries including all mechanisms and security safeguards;
9.2.6details of how long Personal Data will be retained by the Company; and
9.2.7detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of Personal Data.
10. Privacy Impact Assessments
10.1The Company will carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments will be overseen by the Data Protection Officer and will address the following areas:
10.1.1the purpose(s) for which Personal Data is being processed and the processing operations to be carried out on that Personal Data;
10.1.2details of the legitimate interests being pursued by the Company;
10.1.3an assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
10.1.4an assessment of the risks posed to individual Data Subjects; and
10.1.5details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of Personal Data, sufficient to demonstrate compliance with the Regulation.
11. The Rights of Data Subjects
11.1The Regulation sets out the following rights applicable to Data Subjects:
11.1.1the right to be informed;
11.1.2the right of access;
11.1.3the right to rectification;
11.1.4the right to erasure (also known as the ‘right to be forgotten’);
11.1.5the right to restrict processing;
11.1.6the right to data portability;
11.1.7the right to object;
11.1.8rights with respect to automated decision-making and profiling.
12. Keeping Data Subjects Informed
12.1The Company will ensure that the following information is provided to every Data Subject when Personal Data is collected:
12.1.1details of the Company including, but not limited to, the identity of its Data Protection Officer;
12.1.2the purpose(s) for which the Personal Data is being collected and will be processed (as detailed in clause 21 of this Policy) and the legal basis justifying that collection and processing;
12.1.3where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the Personal Data;
12.1.4where the Personal Data is not obtained directly from the Data Subject, the categories of Personal Data collected and processed;
12.1.5where the Personal Data is to be transferred to one or more third parties, details of those parties;
12.1.6where the Personal Data is to be transferred to a third party that is located outside of the European Economic Area (the "EEA"), details of that transfer, including but not limited to the safeguards in place (see clause 24 of this Policy for further details concerning such third country data transfers);
12.1.7details of the length of time the Personal Data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined); 12.1.8details of the Data Subject’s rights under the Regulation;
12.1.9details of the Data Subject’s right to withdraw their consent to the Company’s processing of their Personal Data at any time;
12.1.10details of the Data Subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
12.1.11where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the Personal Data and details of any consequences of failing to provide it;
12.1.12details of any automated decision-making that will take place using the Personal Data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
12.2The information set out above in clause 12.1 will be provided to the Data Subject:
12.2.1where the Personal Data is obtained from the Data Subject directly, at the time of collection;
12.2.2where the Personal Data is not obtained from the Data Subject directly (i.e. from another party):
(a)if the Personal Data is used to communicate with the Data Subject, at the time of the first communication; or
(b)if the Personal Data is to be disclosed to another party, before the Personal Data is disclosed; or
(c)in any event, not more than one month after the time at which the Company obtains the Personal Data.
13. Data Subject Access
13.1A Data Subject may make a subject access request ("SAR") at any time to find out more about the Personal Data which the Company holds on them. The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests and, in such cases, the Data Subject will be informed of the need for the extension).
13.2All subject access requests received must be forwarded to Robert Parker and Duncan Giles within 24 hours of receipt.
13.3The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a Data Subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
14. Rectification of Personal Data
14.1If a Data Subject informs the Company that Personal Data held by the Company is inaccurate or incomplete, requesting that it be rectified, the Personal Data in question will be rectified, and the Data Subject informed of that rectification, within one month of receipt the Data Subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the Data Subject will be informed of the need for the extension).
14.2In the event that any affected Personal Data has been disclosed to third parties, those parties will be informed of any rectification of that Personal Data.
15. Erasure of Personal Data
15.1Data subjects may request that the Company erases the Personal Data it holds about them in the following circumstances:
15.1.1it is no longer necessary for the Company to hold that Personal Data with respect to the purpose for which it was originally collected or processed;
15.1.2the Data Subject wishes to withdraw their consent to the Company holding and processing their Personal Data;
15.1.3the Data Subject objects to the Company holding and processing their Personal Data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see clause 18 of this Policy for further details concerning Data Subjects’ rights to object);
15.1.4the Personal Data has been processed unlawfully; or
15.1.5the Personal Data needs to be erased in order for the Company to comply with a particular legal obligation.
15.2Unless the Company has reasonable grounds to refuse to erase Personal Data, all requests for erasure will be complied with, and the Data Subject informed of the erasure, within one month of receipt of the Data Subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the Data Subject will be informed of the need for the extension).
15.3In the event that any Personal Data that is to be erased in response to a Data Subject request has been disclosed to third parties, those parties will be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
16. Restriction of Personal Data Processing
16.1Data subjects may request that the Company ceases processing the Personal Data it holds about them. If a Data Subject makes such a request, the Company will retain only the amount of Personal Data pertaining to that Data Subject that is necessary to ensure that no further processing of their Personal Data takes place.
16.2In the event that any affected Personal Data has been disclosed to third parties, those parties will be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
17. Data Portability
17.1The Company processes Personal Data using automated means such as a database.
17.2Where Data Subjects have given their consent to the Company to process their Personal Data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the Data Subject, Data Subjects have the legal right under the Regulation to receive a copy of their Personal Data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).
17.3To facilitate the right of data portability, the Company will make available all applicable Personal Data to Data Subjects in the following format[s]:
17.4Where technically feasible, if requested by a Data Subject, Personal Data will be sent directly to another data controller.
17.5All requests for copies of Personal Data will be complied with within one month of the Data Subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the Data Subject will be informed of the need for the extension).
18. Objections to Personal Data Processing
18.1Data subjects have the right to object to the Company processing their Personal Data based on legitimate interests, direct marketing including profiling and statistics purposes.
18.2Where a Data Subject objects to the Company processing their Personal Data based on its legitimate interests, the Company will cease such processing forthwith, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the Data Subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
18.3Where a Data Subject objects to the Company processing their Personal Data for direct marketing purposes, the Company will cease such processing forthwith.
19. Automated Decision-Making
19.1In the event that the Company uses Personal Data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on Data Subjects, Data Subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.
19.2The right described in clause 19.1 does not apply in the following circumstances:
19.2.1the decision is necessary for the entry into, or performance of, a contract between the Company and the Data Subject;
19.2.2the decision is authorised by law; or
19.2.3the Data Subject has given their explicit consent.
20.1Profiling is a form of automated processing which is intended to evaluate certain personal aspects of an individual in particular to analyse the performance at work, health, personal preferences, reliability, location, movements etc. Where the Company uses Personal Data for profiling purposes, the following will apply:
20.1.1clear information explaining the profiling will be provided, including its significance and the likely consequences;
20.1.2appropriate mathematical or statistical procedures will be used;
20.1.3technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected will be implemented; and
20.1.4all Personal Data processed for profiling purposes will be secured in order to prevent discriminatory effects arising out of profiling.
21. Data Processing Activities
The following Personal Data may be collected, held, and processed by the Company:< /br>Please see Data inventory File found on the database GDRP folder.
22. Data Protection Measures
22.1All employees, agents, contractors, or other parties working on the Company’s behalf must comply with the following when working with Personal Data:
22.1.1 All emails containing Personal Data must be encrypted.
22.1.2Where any Personal Data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. Hardcopies should be shredded, and electronic copies should be deleted securely.
22.1.3Personal Data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
22.1.4Personal Data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
22.1.5Personal Data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
22.1.6where Personal Data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
22.1.7Where Personal Data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using royal mail delivery service.
22.1.8No Personal Data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any Personal Data that they do not already have access to, such access should be formally requested from Managing director or Production Manager.
22.1.9all hardcopies of Personal Data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar;
22.1.10no Personal Data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of Managing director or Production Manager.
22.1.11Personal Data must be handled with care at all times and should not be left unattended or on view by unauthorised employees, agents, sub-contractors or other parties at any time;
22.1.12if Personal Data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;
22.1.13no Personal Data should be stored on any mobile device (including, but not limited to, laptops, tablets and smartphones), whether such device belongs to the Company or otherwise.
22.1.14no Personal Data should be transferred to any device personally belonging to an employee and Personal Data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Regulation (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken);
22.1.15all Personal Data stored electronically should be backed up minimum weekly with backups stored in a different area of the site. All backups should be encrypted
22.1.16all electronic copies of Personal Data should be stored securely using passwords
22.1.17all passwords used to protect Personal Data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords
22.1.18Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
22.1.19where Personal Data held by the Company is used for marketing purposes, it will be the responsibility of Managing Director to ensure that no Data Subjects have added their details to any marketing preference databases including, but not limited to, the Telephone Preference Service, the Mail Preference Service, the Email Preference Service, and the Fax Preference Service. Such details should be checked at least Quarter of the year when a Management review is completed.
23. Organisational Measures
23.1The Company will ensure that the following measures are taken with respect to the collection, holding, and processing of Personal Data:
23.1.1all employees, agents, contractors, or other parties working on behalf of the Company will be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this Policy, and will be provided with a copy of this Policy;
23.1.2only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, Personal Data in order to carry out their assigned duties correctly will have access to Personal Data held by the Company;
23.1.3all employees, agents, contractors, or other parties working on behalf of the Company handling Personal Data will be appropriately trained to do so;
23.1.4all employees, agents, contractors, or other parties working on behalf of the Company handling Personal Data will be appropriately supervised;
23.1.5methods of collecting, holding and processing Personal Data will be regularly evaluated and reviewed regularly;
23.1.6the performance of those employees, agents, contractors, or other parties working on behalf of the Company handling Personal Data will be evaluated and reviewed regularly;
23.1.7all employees, agents, contractors, or other parties working on behalf of the Company handling Personal Data will be bound to do so in accordance with the principles of the Regulation and this Policy by contract;
23.1.8all agents, contractors, or other parties working on behalf of the Company handling Personal Data must ensure that any and all of their employees who are involved in the processing of Personal Data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Regulation;
23.1.9where any agent, contractor or other party working on behalf of the Company handling Personal Data fails in their obligations under this Policy that party will indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
24. Transferring Personal Data to a Country Outside the EEA
24.1The Company may from time to time transfer (‘transfer’ includes making available remotely) Personal Data to countries outside of the EEA.
24.2The transfer of Personal Data to a country outside of the EEA will take place only if one or more of the following applies:
24.2.1the transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for Personal Data;
24.2.2the transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
24.2.3the transfer is made with the informed consent of the relevant Data Subject(s);
24.2.4the transfer is necessary for the performance of a contract between the Data Subject and the Company (or for pre-contractual steps taken at the request of the Data Subject);
24.2.5the transfer is necessary for important public interest reasons;
24.2.6the transfer is necessary for the conduct of legal claims;
24.2.7the transfer is necessary to protect the vital interests of the Data Subject or other individuals where the Data Subject is physically or legally unable to give their consent; or
24.2.8the transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
25. Data Breach Notification
25.1All Personal Data breaches must be reported immediately to the Company’s Data Protection Officer who is Robert Parker and Duncan Giles
25.2If a Personal Data breach occurs and that breach is likely to result in a risk to the rights and freedoms of Data Subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
25.3In the event that a Personal Data breach is likely to result in a high risk (that is, a higher risk than that described under clause 25.1) to the rights and freedoms of Data Subjects, the Data Protection Officer must ensure that all affected Data Subjects are informed of the breach directly and without undue delay.
25.4Data breach notifications will include the following information:
25.4.1the categories and approximate number of Data Subjects concerned;
25.4.2the categories and approximate number of Personal Data records concerned;
25.4.3the name and contact details of the Company’s Data Protection Officer (or other contact point where more information can be obtained);
25.4.4the likely consequences of the breach;
25.4.5details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
26. Implementation of Policy
This Policy will be deemed effective as of 24/5/18 No part of this Policy will have retroactive effect and will thus apply only to matters occurring on or after this date.
27. Changes to this Policy
The Company reserves the right to change this Policy at any time. Where appropriate, we will notify Data Subjects of those changes by mail or email.