Uniting People Ltd IT and Data Security Policies – 21 January 2021
IT Security Policy
Introduction
This document sets out the measures to be taken by all employees of Uniting People Ltd (the “Company”) and by the Company as a whole in order to protect the Company’s computer systems, devices, infrastructure, computing environment and any and all other relevant equipment (collectively, “IT Systems”) from damage and threats whether internal, external, deliberate, or accidental.
Key Principles
All IT Systems are to be protected against unauthorised access.
All IT Systems are to be used only in compliance with relevant Company Policies.
All employees of the Company and any and all third parties authorised to use the IT Systems including, but not limited to, contractors and sub-contractors (collectively, “Users”), must ensure that they are familiar with this Policy and must adhere to and comply with it at all times.
All line managers must ensure that all Users under their control and direction must adhere to and comply with this Policy at all times as required under paragraph 2.3.
All data stored on IT Systems are to be managed securely in compliance with all relevant parts of the Data Protection Legislation. “Data Protection Legislation” means all applicable data protection and privacy laws including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.
All data stored on IT Systems are to be classified appropriately (including, but not limited to, personal data, sensitive personal data, and confidential information). All data so classified must be handled appropriately in accordance with its classification.
All data stored on IT Systems shall be available only to those Users with a legitimate need for access.
All data stored on IT Systems shall be protected against unauthorised access and/or processing.
All data stored on IT Systems shall be protected against loss and/or corruption.
All IT Systems are to be installed, maintained, serviced, repaired, and upgraded by Prompt PC Ltd (the “IT Department”) or by such third party/parties as the IT Department may from time to time authorise.
The responsibility for the security and integrity of all IT Systems and the data stored thereon (including, but not limited to, the security, integrity, and confidentiality of that data) lies with the IT Department unless expressly stated otherwise.
All breaches of security pertaining to the IT Systems or any data stored thereon shall be reported and subsequently investigated by the IT Department. Any breach which is either known or suspected to involve personal data shall be reported to the Data Protection Officer, Paul Quinlan - Director.
All Users must report any and all security concerns relating to the IT Systems or to the data stored thereon immediately to the IT Department. If any such concerns relate in any way to personal data, such concerns must also be reported to the Data Protection Officer.
IT Department Responsibilities
Paul Quinlan, shall be responsible for the following:
ensuring that all IT Systems are assessed and deemed suitable for compliance with the Company’s security requirements;
ensuring that IT security standards within the Company are effectively implemented and regularly reviewed, working in consultation with the Company’s senior management and reporting the outcome of such reviews to the Company’s senior management;
ensuring that all Users are kept aware of the requirements of this Policy and of all related legislation, regulations, and other relevant rules whether now or in the future in force including, but not limited to, the Data Protection Legislation and the Computer Misuse Act 1990.
The IT Staff shall be responsible for the following:
assisting all Users in understanding and complying with this Policy;
providing all Users with appropriate support and training in IT security matters and use of IT Systems;
ensuring that all Users are granted levels of access to IT Systems that are appropriate for each User, taking into account their job role, responsibilities, and any special security requirements;
receiving and handling all reports relating to IT security matters and taking appropriate action in response including, in the event that any reports relate to personal data, informing the Data Protection Officer;
taking proactive action, where possible, to establish and implement IT security procedures and raise User awareness;
assisting the IT Manager in monitoring all IT security within the Company and taking all necessary action to implement this Policy and any changes made to this Policy in the future; and
ensuring that regular backups are taken of all data stored within the IT Systems at intervals no less than daily and that such backups are stored offsite. All backups should be encrypted.
Users’ Responsibilities
All Users must comply with all relevant parts of this Policy at all times when using the IT Systems.
All Users must use the IT Systems only within the bounds of UK law and must not use the IT Systems for any purpose or activity which is likely to contravene any UK law whether now or in the future in force.
Users must immediately inform the IT Department and, where such concerns relate to personal data, the Data Protection Officer of any and all security concerns relating to the IT Systems.
Users must immediately inform the IT Department of any other technical problems (including, but not limited to, hardware failures and software errors) which may occur on the IT Systems.
Any and all deliberate or negligent breaches of this Policy by Users will be handled as appropriate under the Company’s disciplinary procedures.
Software Security Measures
All software in use on the IT Systems (including, but not limited to, operating systems, individual software applications, and firmware) will be kept up-to-date and any and all relevant software updates, patches, fixes, and other intermediate releases will be applied at the sole discretion of the IT Department. This provision does not extend to upgrading software to new ‘major releases’ (e.g. from version 1.0 to version 2.0), only to updates within a particular major release (e.g. from version 1.0 to version 1.0.1 etc.). Unless a software update is available free of charge it will be classed as a major release, falling within the remit of new software procurement and outside the scope of this provision.
Where any security flaw is identified in any software that flaw will be either fixed immediately or the software may be withdrawn from the IT Systems until such time as the security flaw can be effectively remedied. If the security flaw affects, is likely to affect, or is suspected to affect any personal data, the Data Protection Officer shall be informed immediately.
No Users may install any software of their own, whether that software is supplied on physical media or whether it is downloaded, without the approval of the IT Manager. Any software belonging to Users must be approved by the IT Manager and may only be installed where that installation poses no security risk to the IT Systems and where the installation would not breach any licence agreements to which that software may be subject.
All software will be installed onto the IT Systems by the IT Department unless an individual User is given written permission to do so by the IT Manager. Such written permission must clearly state which software may be installed and onto which computer(s) or device(s) it may be installed.
Anti-Virus Security Measures
Most IT Systems (including all computers and servers) will be protected with suitable anti-virus, firewall, and other suitable internet security software. All such software will be kept up-to-date with the latest software updates and definitions.
All IT Systems protected by anti-virus software will be subject to a full system scan at least weekly.
The use of physical media (e.g. USB memory sticks or disks of any kind) for transferring files is not allowed for either importing or exporting of files.
Users shall be permitted to transfer files using cloud storage systems only with the approval of the IT Manager. All files downloaded from any cloud storage system must be scanned for viruses during the download process.
Any files being sent to third parties outside the Company by email or by other means (e.g. shared cloud storage) must be scanned for viruses before being sent or as part of the sending process, as appropriate. All email attachments and cloud files are scanned automatically upon sending.
Where any virus is detected by a User this must be reported immediately to the IT Department (this rule shall apply even where the anti-virus software automatically fixes the problem). The IT Department shall promptly take any and all necessary action to remedy the problem. In limited circumstances this may involve the temporary removal of the affected computer or device. Wherever possible a suitable replacement computer or device will be provided within 1 working day to limit disruption to the User.
If any virus or other malware affects, is likely to affect, or is suspected to affect any personal data, in addition to the above, the issue must be reported immediately to the Data Protection Officer.
Where any User deliberately introduces any malicious software or virus to the IT Systems this will constitute a criminal offence under the Computer Misuse Act 1990 and will be handled as appropriate under the Company’s disciplinary procedures.
Hardware Security Measures
Wherever practical, IT Systems will be located in rooms which may be securely locked when not in use or, in appropriate cases, at all times whether in use or not (with authorised Users being granted access by means of a key, smart card, door code or similar). Where access to such locations is restricted, Users must not allow any unauthorised access to such locations for any reason.
All IT Systems not intended for normal use by Users (including, but not limited to, servers, networking equipment, and network infrastructure) shall be located, wherever possible and practical, in secured, rooms and/or in locked cabinets which may be accessed only by designated members of the IT Department.
No Users shall have access to any IT Systems not intended for normal use by Users (including such devices mentioned above) without the express permission of the IT Manager. Under normal circumstances, whenever a problem with such IT Systems is identified by a User, that problem must be reported to the IT Department. Under no circumstances should a User attempt to rectify any such problems without the express permission (and, in most cases, instruction and/or supervision) of the IT Manager.
All mobile devices (including, but not limited to, laptops, tablets, and smartphones) provided by the Company should always be transported securely and handled with care. In circumstances where such mobile devices are to be left unattended they should be placed inside a lockable case or other suitable container. Users should make all reasonable efforts to avoid such mobile devices from being left unattended at any location other than their private homes or Company premises. If any such mobile device is to be left in a vehicle it must be stored out of sight and, where possible, in a locked compartment.
The IT Department shall maintain a complete asset register of all IT Systems. All IT Systems shall be labelled, and the corresponding data shall be kept on the asset register.
Access Security
Access privileges for all IT Systems shall be determined on the basis of Users’ levels of authority within the Company and the requirements of their job roles. Users shall not be granted access to any IT Systems or electronic data which are not reasonably required for the fulfilment of their job roles.
All IT Systems (and in particular mobile devices including, but not limited to, laptops, tablets, and smartphones) shall be protected with a secure password or passcode, or such other form of secure log-in system as the IT Department may deem appropriate and approve. Not all forms of biometric log-in are considered secure. Only those methods approved by the IT Department may be used.
All passwords must, where the software, computer, or device allows:
be at least 12 characters long;
contain a combination of upper and lower case letters, numbers and special characters.
be changed at least every 90 days;
be different from the previous password;
not be obvious or easily guessed (e.g. birthdays or other memorable dates, memorable names, events, or places etc.); and
be created by individual Users.
Passwords should be kept secret by each User. Under no circumstances should a User share their password with anyone, including the IT Manager and the IT Staff. No User will be legitimately asked for their password by anyone at any time and any such request should be refused. If a User has reason to believe that another individual has obtained their password, they should change their password immediately and report the suspected breach of security to the IT Department and, where personal data could be accessed by an unauthorised individual, the Data Protection Officer.
If a User forgets their password, this should be reported to the IT Department. The IT Department will take the necessary steps to restore the User’s access to the IT Systems which may include the issuing of a temporary password which may be fully or partially known to the member of the IT Staff responsible for resolving the issue. A new password must be set up by the User immediately upon the restoration of access to the IT Systems.
Users should not write down passwords if it is possible to remember them. If a User cannot remember a password, it should be stored securely (e.g. in a locked drawer or in a secure password database) and under no circumstances should passwords be left on display for others to see (e.g. by attaching a note to a computer display).
All IT Systems with displays and user input devices (e.g. mouse, keyboard, touchscreen etc.) shall be protected, where possible, with a password protected screensaver that will activate after 15 minute of inactivity. This time period cannot be changed by Users and Users may not disable the screensaver. Activation of the screensaver will not interrupt or disrupt any other activities taking place on the computer (e.g. data processing).
All mobile devices (including, but not limited to, laptops, tablets, and smartphones) provided by the Company shall be set to lock, sleep, or similar, after 15 minutes for laptops and tablets AND 3 minutes for mobile phones - of inactivity, requiring a password, passcode, or other form of log-in to unlock, wake, or similar. Users may not alter this time period.
Users may not use any software which may allow outside parties to access the IT Systems without the express consent of the IT Manager. Any such software must be reasonably required by the User for the performance of their job role and must be fully inspected and cleared by the IT Manager [and, where such access renders personal data accessible by the outside party, the Data Protection Officer].
Users ARE NOT allowed to connect their own devices (including, but not limited to, laptops, tablets, and smartphones) to the Company networks.
Data Storage Security
All data, and in particular personal data, should be stored securely using passwords and data encryption. All desktops and laptops to be encrypted via Windows 10 Pro BitLocker.
No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), without the formal written approval of the Data Protection Officer and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary.
No data, and in particular personal data, should be transferred to any computer or device personally belonging to a User unless the User in question is a contractor or sub-contractor working on behalf of the Company and that User has agreed to comply fully with the Company’s Data Protection Policy and the Data Protection Legislation.
Data Protection
All personal data (as defined in the Data Protection Legislation) collected, held, and processed by the Company will be collected, held, and processed strictly in accordance with the principles of the Data Protection Legislation, the provisions of the Data Protection Legislation and the Company’s Data Protection Policy.
All Users handling data for and on behalf of the Company shall be subject to, and must comply with, the provisions of the Company’s Data Protection Policy at all times. In particular, the following shall apply:
All emails containing personal data must be encrypted. [
All emails containing personal data must be marked “confidential”;
Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted under any circumstances;
Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
Where any confidential or 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.
Any questions relating to data protection should be referred to the Data Protection Officer, Paul Quinlan.
Internet and Email Use
All Users shall be subject to, and must comply with, the provisions of the Company’s Communications, Email and Internet Policy when using the IT Systems.
Where provisions in this Policy require any additional steps to be taken to ensure IT security when using the internet or email over and above the requirements imposed by the Communications, Email and Internet Policy, Users must take such steps as required.
Reporting IT Security Breaches
Subject to paragraph 12.2, all concerns, questions, suspected breaches, or known breaches shall be referred immediately to Paul Quinlan OR the IT Department.
All concerns, questions, suspected breaches, or known breaches that involve personal data shall be referred immediately to the Data Protection Officer who shall handle the matter in accordance with the Company’s Data Protection Policy.
Upon receiving a question or notification of a breach, the IT Department shall, within 8 working hours, assess the issue including, but not limited to, the level of risk associated therewith, and shall take any and all such steps as the IT Department deems necessary to respond to the issue.
Under no circumstances should a User attempt to resolve an IT security breach on their own without first consulting the IT Department or the Data Protection Officer, as appropriate. Users may only attempt to resolve IT security breaches under the instruction of, and with the express permission of, the IT Department.
All IT security breaches, whether remedied by the IT Department or by a User under the IT Department’s direction, shall be fully documented.
Policy Review
The Company shall review this Policy not less than 12 months and otherwise as required in order to ensure that it remains up-to-date and fit for purpose. All questions, concerns, and other feedback relating to this Policy should be communicated to the IT Manager, Paul Quinlan.
Communications, Email, Internet Policy, and Social Media Policy
Introduction
This Communications, Email, Internet, and Social Media Policy applies to all employees, contractors, and agents of Uniting People Ltd, who use the communications equipment, computers, devices, and systems provided by the Company (“Users”).
Users are encouraged to use email and the internet at work as a fast and reliable method of communication with significant advantages for business.
In light of the fact that communications made by Users and their other activities online reflect upon the Company and are capable of creating a number of commercial, professional, and legal problems, this Policy is intended to clarify what the Company expects from Users and their responsibilities when using the Company’s communications, email, and internet facilities (collectively, “the Company’s Internet and Communication Facilities”).
The Company’s Internet and Communication Facilities include:
Telephone;
Fax;
Email;
Internet;
Intranet;
3rd party software solutions
Whilst the Company’s Internet and Communications Facilities are made available to Users for the purposes of the business, a certain amount of limited personal use is permitted insofar as such personal use is consistent with this Policy and the duties of the User.
In addition to this Policy, when using the Company’s Internet and Communications Facilities, Users must also comply with other Company Policies including the Company’s Data Protection Policy.
General Principles
There are certain general principles that should be borne in mind when using any type of communication, be it external or internal, including hard copy letters, memos, and notices. The Company expects all Users to:
Use the Company’s Internet and Communication Facilities, and non-electronic facilities including but not limited to Company letterheads and stationery, responsibly and professionally and at all times in accordance with their duties;
Be mindful of what constitutes confidential or restricted information and ensure that such information is never disseminated in the course of communications without express authority;
Be mindful of what constitutes personal data and ensure that personal data relating to colleagues, clients etc. is never disseminated in the course of communications unless it is used in accordance with the Company’s Data Protection Policy and with express authority;
Ensure that they do not breach any copyright or other intellectual property right when making communications;
Ensure that they do not bind themselves or the Company to any agreement without express authority to do so; and
Be mindful of the fact that any communication may be required to be relied upon in court, to the advantage or the detriment of the individual or the Company, and to conduct their use of communication systems and equipment accordingly.
The viewing, transmission, downloading, uploading, or accessing in any way of any of the following material using the Company’s Internet and Communications Facilities will amount to gross misconduct with the possibility of summary dismissal:
Material which is pornographic, sexist, racist, homophobic, or any other discriminatory or otherwise offensive material;
Illegal or criminal material, including material which breaches copyright or any other intellectual property right;
Any material which has the object or effect of causing harassment to the recipient;
Material which the User knows, or reasonably ought to know, is confidential or restricted information and which they are not authorised to deal with;
Subject to paragraph 16.7 or any website or online service which the Company has blocked access to.
Internet Use
The Company provides access to the internet for the sole purpose of business and to assist Users in the performance of their duties. However, the Company recognises that Users may need to use the internet for personal purposes and such use is permitted provided it is reasonable and does not interfere with the User’s performance of their duties and is outside of normal working hours or during a break. Users may be asked to justify the amount of time they have spent on the internet or the sites they have visited.
Users must not use the internet to gain or attempt to gain unauthorised access to computer material or private databases, including restricted areas of the Company’s network. Nor must they intentionally or recklessly introduce any form of malware, spyware, virus, or other malicious software or code to the communications equipment or systems of the Company.
Users must not access or attempt to access any information which they know or reasonably ought to know is confidential or restricted.
Users must not access or use personal data online in any manner that is inconsistent with the Company’s Data Protection Policy.
Users must not download or install any software without the express permission of the Manager (Paul Quinlan).
In accordance with paragraph 15.7, Users must not attempt to download, view, or otherwise retrieve illegal, pornographic, sexist, racist, offensive, or any other material which is in any way in bad taste or immoral. Users should note that even material that is legal under UK law may nonetheless be in sufficiently bad taste to fall within this definition. As a general rule, if any person might be offended by any content, or if that material may be a source of embarrassment to the Company or otherwise tarnish the Company’s image, viewing that material will constitute a breach of this Policy. Any such attempt will constitute a disciplinary offence and in addition to internet access being reviewed, reduced, or withdrawn, may be subject to disciplinary action or summary dismissal.
Certain websites are blocked and cannot be accessed using the Company’s Internet and Communication Facilities. If a User has a genuine and specific business need to access a blocked site, they must contact the IT Manager (Paul Quinlan)
Social Media Use - General Principles
This section of this Policy addresses the use by Users of all types of social network and social media platforms including, but not limited to, Facebook, Twitter, LinkedIn, Google+, Pinterest, Tumblr, Instagram, YouTube (collectively, “Social Media”).
The purpose of this part of Policy is to minimise the various risks to the Company presented by Social Media usage.
There are certain general principles that all Users should keep in mind when using Social Media , whether for personal use or for authorised work-related purposes. All Users must:
Use Social Media responsibly and professionally, and at all times in accordance with their duties;
Be mindful of what constitutes confidential, restricted, or other proprietary information and ensure that such information is never disseminated over Social Media without the express consent of the Company.
Be mindful of what constitutes personal data and ensure that personal data relating to colleagues, clients etc. is never disseminated over Social Media unless it is used in accordance with the Company’s Data Protection Policy and with express authority;
Ensure that their use of Social Media does not breach any other of the Company’s policies including, but not limited to, its Data Protection Policy.
Ensure that their use of Social Media does not breach any other laws, regulatory requirements, or other applicable rules set out by regulatory bodies and other organisations including, but not limited to Solicitors Regulation Authority.
Ensure that they do not breach any copyright or other intellectual property rights when using Social Media;
Be mindful of the fact that any communication may be relied upon in court, to the advantage or detriment of the individual or the Company and conduct their use of Social Media accordingly.
If a User is unsure as to the appropriateness of a posting or other content they wish to publish, they should speak to Paul Quinlan at the earliest opportunity to seek clarification.
If a User sees any content on Social Media that disparages or otherwise reflects poorly on the Company, such content should be reported to Paul Quinlan.
Personal Social Media Use
Users may use Social Media for personal purposes occasionally during work hours for example, during breaks provided that such usage complies with the provisions of this Policy and provided that it does not interfere with their work responsibilities or productivity.
Business Social Media Use
Certain Users may from time to time be required to use Social Media on behalf of the Company. Users should only do so with the authorisation of the Senior Directors in accordance with instructions issued by The Senior Directors, and in accordance with this Policy.
Use of Social Media for business purposes must comply with the provisions of this Policy at all times.
Users using Social Media on behalf of the Company may from time to time be required to interact with other internet users via Social Media, for example, in response to posts or enquiries regarding the Company. Unless the instructions issued to that User (see paragraph 19.1) specifically authorise the User to respond without further approval, the User may not respond to any such communications without the prior approval of The Senior Directors. In any event, no User using Social Media on behalf of the Company should respond to such communications, with or without prior approval, without first consulting the relevant individual and/or department unless they are fully knowledgeable of the relevant topic and suitably qualified to respond.
Social Media contacts made during the course of business are to be treated as confidential information belonging to the Company.
Acceptable Use of Social Media
If a User makes any posting, contribution, or creation or publishes any other content which identifies or could identify the User as an employee, contractor, agent, or other member or associate of the Company, or in which the User discusses their work or experiences relating to the Company, the User must at all times ensure that their conduct is appropriate and consistent with their contract of employment and the corporate image of the Company, and should bear in mind that the User owes a duty of fidelity to the Company.
Unless specifically instructed to do so by The Senior Directors, Users should make it clear that they are posting on Social Media as themselves, not as the Company, and that all opinions and ideas expressed on Social Media by that User are those of the User and do not necessarily reflect the views of the Company.
Unless using Social Media on behalf of the Company, Users should not use any Social Media accounts belonging to (or otherwise associated with) the Company.
Company email addresses may only be used to sign up to Social Media websites for work-related purposes, however Users should be aware that their Company email address will cease to function should they cease to work for or with the Company and may result in the Social Media account(s) in question being inaccessible.
Users should always be respectful to others when using Social Media and should always be mindful of the fact that their association with the Company may be known to anyone at any time. The conduct of all Users on Social Media may reflect on the Company, whether positive or negative. This applies whether a User is using Social Media for business purposes or for personal purposes, whether during workings hours or otherwise.
If a User is unsure as to the appropriateness of a posting or other content they wish to publish, they should speak to The Senior Directors at the earliest opportunity to seek clarification.
Unacceptable and Prohibited Use of Social Media
Users must refrain from doing anything on Social Media or any other websites that defames, disparages, or otherwise brings into disrepute, the Company, a User’s superiors, a User’s colleagues, or other related third parties. This includes, but is not limited to, making false or misleading statements and impersonating colleagues or third parties.
Users must ensure that their use of Social Media does not damage the Company, its interests, or its reputation, whether directly or indirectly, in any way.
As under paragraph 20.2, unless specifically instructed to do so, Users must not represent themselves on Social Media as the Company or as posting on behalf of the Company.
Users may not share the following on Social Media unless specifically authorised to do so by The Senior Directors:
Confidential information;
Commercially sensitive or other proprietary business information belonging to or about the Company or any of its employees, contractors, agents, or other affiliated third parties and organisations;
Personal data relating to colleagues, clients, etc.
Users may not use any intellectual property belonging to the Company on Social Media (including, but not limited to, trade marks and logos) unless specifically authorised to do so by The Senior Directors.
Users may not add contacts made during the course of their duties to their personal Social Media accounts without the authorisation of The Senior Directors and without the express consent of the individuals involved.
Company Email Use
The email address with which Users are provided by the Company (ending in the suffix @unitingpeople.co.uk is provided for business purposes in order to facilitate information sharing and timely communication with clients, colleagues, suppliers, etc. Any Company business which is conducted via email must be conducted using Company email and is under no circumstances to be conducted through any other personal email address or account.
Users should adopt the following points as part of best practice:
Before communicating via email, Users should satisfy themselves that it is the most suitable mode of communication, particularly where time is added automatically by the Exchange system. If it is not, Users should speak to the IT Manager immediately;
All emails should contain the appropriate business reference(s), either in the subject line or in the body of the text;
Emails should be worded appropriately and in the same professional manner as if they were a letter;
Users should be careful not to copy an email automatically to everyone copied in to the original message to which they are responding as this may result in inappropriate or unlawful disclosure of confidential information and/or personal data;
Users should take care with the content of emails, in particular avoiding incorrect or improper statements and the unauthorised inclusion of confidential information or personal data. Failure to follow this point may lead to claims for discrimination, harassment, defamation, breach of contract, breach of confidentiality, or personal data breaches;
All emails should be proof read before transmission, which includes ensuring that any attachments referred to in the text are actually attached and are correct and the intended recipients’ email addresses are correct;
If an important document is transmitted via email, the sender should telephone the recipient to confirm that the document has been received in full;
Users must not email any business document to their own or a colleague’s personal web-based email accounts. Furthermore, Users must not email any business document to any clients, colleagues, suppliers web-based email address unless specifically permitted to do so by the recipient.
Use of Company email for any personal matter is prohibited as it places additional strain on the Company’s communications facilities.
If Users do use Company email for personal reasons, they will be deemed to agree to the possibility that any emails sent or received may be subject to monitoring in accordance with Part 27 of this Policy.
Users must not send abusive, obscene, discriminatory, racist, harassing, derogatory, pornographic, or otherwise inappropriate material in emails. If any User feels that they have been or are being harassed or bullied, or if they are offended by material received in an email from another User, they should inform The Senior Directors.
Users should at all times remember that email messages may have to be disclosed as evidence for any court proceedings or investigations by regulatory bodies and may therefore be prejudicial to both their and the Company’s interests. Users should remember that data which appears to have been deleted is often recoverable. If secure deletion is required, for example, where an email contains confidential information or personal data, Users should follow the steps set out in the Company’s Data Protection Policy.
Personal Email Use
Users are not permitted to access their personal email accounts via the Company’s Internet and Communications Facilities.
Company Telephone System Use
The Company’s telephone lines and mobile phones issued by the Company are for the exclusive use by Users working on the Company’s business. Essential personal telephone calls regarding Users’ domestic arrangements are acceptable, but excessive use of the Company’s telephone system and/or mobile phones for personal calls is prohibited. Acceptable use may be defined as no more than 5 minutes of personal calls in a working day. Any personal telephone calls should be timed to cause minimal disruption to Users’ work.
Users should be aware that telephone calls made and received on the Company’s telephone lines and mobile phones issued by the Company may be routinely monitored to ensure customer satisfaction or to check the telephone system is not being abused.
If the Company discovers that the telephone system or a mobile phone issued by the Company has been used excessively for personal calls, this will be treated as a disciplinary matter and will be handled in accordance with the Company’s disciplinary procedures.
Personal Mobile Phone Use
Essential personal telephone calls regarding Users’ domestic arrangements are acceptable, but excessive use of Users’ own mobile phones for personal communications (including, but not limited to, calls, messaging, emailing, and web browsing) is prohibited. In order to avoid disruption to others, mobile phones should be set to silent during normal working hours.
Any personal telephone calls on Users’ own mobile phones should be timed to cause minimal disruption to Users’ work and to colleagues working nearby.
Security
The integrity of the Company’s business relies on the security of the Company’s Internet and Communications Facilities. Users bear the responsibility of preserving the security of Company’s Internet and Communications Facilities through careful and cautious use. In addition to the general provisions contained in this Policy, Users must also comply with the Company’s IT Security Policy.
Access to certain websites and online services via the Company’s Internet and Communications Facilities is blocked. Often the decision to block a website or service is based on potential security risks that the site or service poses. Users must not attempt to circumvent any blocks placed on any website or service by the Company.
Users must not download or install any software or program without the express permission of the IT Manager, and are reminded of paragraphs 16.2 and 16.5 of this Policy.
Users must not delete, destroy, or otherwise modify any part of the Company’s Internet and Communications Facilities (including, but not limited to, hardware and software) without the express permission of the IT Manager.
Users must not share any password that they use for accessing the Company’s Internet and Communications Facilities with any person, other than when it is necessary for maintenance or repairs by the IT Department. Where it has been necessary to share a password, the User should change the password immediately when it is no longer required by the IT Department. Users are reminded that it is good practice to change passwords regularly.
Users must ensure that confidential information, personal data, and other sensitive information is kept secure. The security of personal data in particular is governed by the Company’s Data Protection Policy, which Users must comply with at all times when handling personal data. Workstations and screens should be locked when the User is away from the machine and hard copy files and documents should be secured when not in use.
If a User has been issued with a laptop, tablet, smartphone, or other mobile device, that device should be kept secure at all times, particularly when travelling. Mobile devices must be password-protected. Confidential information, personal data, and other sensitive information stored and/or accessed on a mobile device should be kept to the minimum necessary for the User to perform their duties. Users should also be aware that when using mobile devices outside of the workplace, information displayed on them may be read by unauthorised third parties, for example, in public places and on public transport.
Users using Company-issued mobile devices (as outlined above in paragraph 26.7) must not connect such devices to public wi-fi networks, for example, in cafes, restaurants, and on public transport.
When opening email from external sources Users must exercise caution in light of the risk malware, spyware, viruses, and other malicious software or code pose to system security. Users should always ensure that they know what an attachment is before opening it. If a User suspects that their computer has been affected by a virus they must contact the IT department immediately.
No equipment or device that has not been issued by the Company may be connected to or used in conjunction with the Company’s Internet and Communications Facilities without the prior express permission of the IT Manager. Such permission may be conditional on the testing and/or inspection of the equipment or device in question.
Monitoring
To the extent permitted or required by law, the Company may monitor Users’ use of the Company’s Internet and Communications Facilities for its legitimate business purposes which include (but are not necessarily limited to) the following reasons:
To ensure Company policies and guidelines are followed, and standards of service are maintained;
To comply with any legal obligation;
To investigate and prevent the unauthorised use of the Company’s Internet and Communications Facilities and maintain security;
If the Company suspects that a User has been viewing or sending offensive or illegal material (or material that is otherwise in violation of this Policy);
If the Company suspects that a User has been spending an excessive amount of time using the Company’s Internet and Communications Facilities for personal purposes.
Users should be aware that all internet and email traffic data sent and received using the Company’s Internet and Communications Facilities is logged, including websites visited, times of visits, and duration of visits. Any personal use of the internet will necessarily therefore be logged also. Users who wish to avoid the possibility of the Company becoming aware of any political or religious beliefs or affiliations should avoid visiting websites at work which might reveal such affiliations. By using the Company’s Internet and Communications Facilities for personal use, Users are taken to consent to personal communications being logged and monitored by the Company. The Company shall ensure that any monitoring of Users’ use of the Company’s Internet and Communications Facilities complies with all relevant legislation including, but not limited to, the UK GDPR and the Human Rights Act 1998.
When monitoring emails, the Company will normally restrict itself to looking at the address and heading of the emails. However, if it is considered necessary, the Company may open and read emails. Users should be aware that sensitive and confidential communications should not be sent by email because it cannot be guaranteed to be private. Users are reminded that any personal emails are not permitted.
Recruitment
The Company may use internet searches to carry out due diligence as part of its recruitment process. In these circumstances, the Company will act in accordance with its equal opportunities and data protection obligations.
Misuse and Compliance
Any User found to be misusing the Company’s Internet and Communications Facilities will be treated in line with the Company’s Disciplinary Policy and Procedure. Misuse of the internet can, in some cases, amount to a criminal offence.
Where any evidence of misuse of the Company’s Internet and Communications Facilities is found, the Company may undertake an investigation into the misuse in accordance with the Company’s Disciplinary Policy and Procedure. If criminal activity is suspected or found, the Company may hand over relevant information to the police in connection with a criminal investigation.
Data Protection Policy
Introduction
This section of the policy sets out the obligations of Uniting People Ltd, regarding data protection and the rights of staff, customers, business contacts etc. (“data subjects”) in respect of their personal data under Data Protection Law. “Data Protection Law” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of 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.
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“consent” |
means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them; |
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“data controller” |
means the natural or legal person or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller of all personal data relating to staff, customers, business contacts etc. used in our business for our commercial purposes; |
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“data processor” |
means a natural or legal person or organisation which processes personal data on behalf of a data controller; |
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“data subject” |
means a living, identified, or identifiable natural person about whom the Company holds personal data; |
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“EEA” |
means the European Economic Area, consisting of all EU Member States, Iceland, Liechtenstein, and Norway; |
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“personal data” |
means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, 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 data subject; |
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“personal data breach” |
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed; |
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“processing” |
means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; |
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“pseudonymisation” |
means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person; and |
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“special category personal data” |
means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data. |
Scope
if any assistance is required in complying with the law applicable to direct marketing.
The Data Protection Principles
This Policy aims to ensure compliance with Data Protection Law. The UK GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be:
processed lawfully, fairly, and in a transparent manner in relation to the data subject;
collected 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 shall not be considered to be incompatible with the initial purposes;
adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
accurate 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 it is processed, is erased, or rectified without delay;
kept 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 UK GDPR in order to safeguard the rights and freedoms of the data subject;
processed 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.
The Rights of Data Subjects
The UK GDPR sets out the following key rights applicable to data subjects:
The right to be informed;
the right of access;
the right to rectification;
the right to erasure (also known as the ‘right to be forgotten’);
the right to restrict processing;
the right to data portability;
the right to object; and
rights with respect to automated decision-making and profiling.
Lawful, Fair, and Transparent Data Processing
Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the processing of personal data shall be lawful if at least one of the following applies:
the data subject has given consent to the processing of their personal data for one or more specific purposes;
the processing 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;
the processing is necessary for compliance with a legal obligation to which the data controller is subject;
the processing is necessary to protect the vital interests of the data subject or of another natural person;
the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
the processing is necessary for the purposes of the legitimate interests pursued by the data controller 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.
If the personal data in question is special category personal data (also known as “sensitive personal data”), at least one of the following conditions must be met:
the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless the law prohibits them from doing so);
the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by law or a collective agreement pursuant to law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
the data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
the processing relates to personal data which is manifestly made public by the data subject;
the processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
the processing is necessary for substantial public interest reasons, on the basis of law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
the processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the UK GDPR;
the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the UK GDPR (as supplemented by section 19 of the Data Protection Act 2018) based on law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.]
Consent
If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:
Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent.
Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.
Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.
If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject.
If special category personal data is processed, the Company shall normally rely on a lawful basis other than explicit consent. If explicit consent is relied upon, the data subject in question must be issued with a suitable privacy notice in order to capture their consent.
In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements.
Specified, Explicit, and Legitimate Purposes
The Company collects and processes the personal data set out in Part 53 of this Policy. This includes:
personal data collected directly from data subjects and
personal data obtained from third parties.
The Company only collects, processes, and holds personal data for the specific purposes set out in Part 53 of this Policy (or for other purposes expressly permitted by Data Protection Law).
Data subjects must be kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 44 for more information on keeping data subjects informed.
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 or purposes of which data subjects have been informed (or will be informed) as under Part 37, above, and as set out in Part 53, below.
Employees, agents, contractors, or other parties working on behalf of the Company may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.
Employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal data held by the Company cannot be processed for any unrelated reasons.
Accuracy of Data and Keeping Data Up-to-Date
The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 46, below.
The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
Data Retention
The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
Secure Processing
The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 54 to 59 of this Policy.
All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data.
Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows:
only those with a genuine need to access and use personal data and who are authorised to do so may access and use it;
personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed; and
authorised users must always be able to access the personal data as required for the authorised purpose or purposes.
Accountability and Record-Keeping
The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.
The Company shall follow a privacy by design approach at all times when collecting, holding, and processing personal data. Data Protection Impact Assessments shall be conducted if any processing presents a significant risk to the rights and freedoms of data subjects (please refer to Part 43 for further information).
All employees, agents, contractors, or other parties working on behalf of the Company shall be given appropriate training in data protection and privacy, addressing the relevant aspects of Data Protection Law, this Policy, and all other applicable Company policies.
The Company’s data protection compliance shall be regularly reviewed and evaluated by means of Data Protection Audits.
The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
the name and details of the Company, its Data Protection Officer, and any applicable third-party data transfers (including data processors and other data controllers with whom personal data is shared);
the purposes for which the Company collects, holds, and processes personal data;
the Company’s legal basis or bases (including, but not limited to, consent, the mechanism(s) for obtaining such consent, and records of such consent) for collecting, holding, and processing personal data;
details 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;
details of any transfers of personal data to non-UK countries including all mechanisms and security safeguards;
details of personal data storage, including location(s);
detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
Data Protection Impact Assessments and Privacy by Design
In accordance with the privacy by design principles, the Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and where the processing involved is likely to result in a high risk to the rights and freedoms of data subjects.
The principles of privacy by design should be followed at all times when collecting, holding, and processing personal data. The following factors should be taken into consideration:
the nature, scope, context, and purpose or purposes of the collection, holding, and processing;
the state of the art of all relevant technical and organisational measures to be taken;
the cost of implementing such measures; and
the risks posed to data subjects and to the Company, including their likelihood and severity.
Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
the type(s) of personal data that will be collected, held, and processed;
the purpose(s) for which personal data is to be used;
the Company’s objectives;
how personal data is to be used;
the parties (internal and/or external) who are to be consulted;
the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
risks posed to data subjects;
risks posed both within and to the Company; and
proposed measures to minimise and handle identified risks.
Keeping Data Subjects Informed
The Company shall provide the information set out in Part 44.2 to every data subject:
where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
if the personal data is used to communicate with the data subject, when the first communication is made; or
if the personal data is to be transferred to another party, before that transfer is made; or
as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
The following information shall be provided in the form of a privacy notice:
details of the Company including, but not limited to, contact details, and the names and contact details of any applicable representatives and its Data Protection Officer;
the purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 53 of this Policy) and the lawful basis justifying that collection and processing;
where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
where the personal data is to be transferred to one or more third parties, details of those parties;
where the personal data is to be transferred to a third party that is located outside of the UK, details of that transfer, including but not limited to the safeguards in place (see Part 60 of this Policy for further details);
details of applicable data retention periods;
details of the data subject’s rights under the UK GDPR;
details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
details of the data subject’s right to complain to the Information Commissioner’s Office;
where the personal data is not obtained directly from the data subject, details about the source of that personal data;
where 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; and
details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.
Data Subject Access
Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Company’s Data Protection Officer.
Responses to SARs must normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
All SARs received shall be handled by the Company’s Data Protection Officer
The 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.
Rectification of Personal Data
Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
Erasure of Personal Data
Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
it is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
the data subject wishes to withdraw their consent to the Company holding and processing their personal data;
the 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 Part 50 of this Policy for further details concerning the right to object);
the personal data has been processed unlawfully;
the personal data needs to be erased in order for the Company to comply with a particular legal obligation or
the personal data is being held and processed for the purpose of providing information society services to a child.
Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
Restriction of Personal Data Processing
Data 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 shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
Data Portability
The Company does not process personal data using automated means.
Objections to Personal Data Processing
Data subjects have the right to object to the Company processing their personal data based on legitimate interests, for direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing promptly.
Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the UK GDPR, demonstrate grounds relating to his or her particular situation. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
Automated Processing, Automated Decision-Making, and Profiling
The Company does not use personal data in automated decision-making processes.
Direct Marketing
The Company is subject to certain rules and regulations when marketing its products and/or services.
The prior consent of data subjects is required for electronic direct marketing including email, text messaging, and automated telephone calls subject to the following limited exception:
The Company may send marketing text messages or emails to a customer provided that that customer’s contact details have been obtained in the course of a sale, the marketing relates to similar products or services, and the customer in question has been given the opportunity to opt-out of marketing when their details were first collected and in every subsequent communication from the Company.
The right to object to direct marketing shall be explicitly offered to data subjects in a clear and intelligible manner and must be kept separate from other information in order to preserve its clarity.
If a data subject objects to direct marketing, their request must be complied with promptly. A limited amount of personal data may be retained in such circumstances to the extent required to ensure that the data subject’s marketing preferences continue to be complied with.
Personal Data Collected, Held, and Processed
See Information Asset Register and Risk Asssesment.xlsx for required information.
Data Security - Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
All emails containing personal data must be encrypted using either the CJSM encrypted email system OR Office 365 encrypted emails;
All emails containing personal data must be marked “confidential”;
Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
Where 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;
Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient.
All personal data to be transferred physically shall be transferred in a suitable container marked “confidential”
Data Security - Storage
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
All electronic copies of personal data should be stored securely using passwords and held on encrypted devices.
All 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;
All personal data stored electronically should be backed up daily with backups offsite. All backups should be encrypted.
No 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 without the formal approval of The Senior Directors and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary;
No personal data should be transferred to any device personally belonging to an employee, agent, contractor, or other party working on behalf of the Company 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 applicable Data Protection Law (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken);
Data Security - Disposal
When 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.
Data Security - Use of Personal Data
The Company shall ensure that the following measures are taken with respect to the use of personal data:
No personal data may be shared informally and if an employee, agent, 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 The Senior Directors;
No personal data may be transferred to any employee, agent, contractor, or other party, whether such parties are working on behalf of the Company or not, without the authorisation of The Senior Directors;
Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, contractors, or other parties at any time;
If 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;
Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of Paul Quinlan to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS;
Data Security - IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security:
All 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 comply with the password requirements that are in this policy.
Under 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;
All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so;
No software may be installed on any Company-owned computer or device without the prior approval of the IT Manager;
Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under Data Protection Law and under this Policy, and shall be provided with a copy of this Policy;
Only employees, agents, 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 shall have access to personal data held by the Company;
All sharing of personal data shall comply with the information provided to the relevant data subjects and, if required, the consent of such data subjects shall be obtained prior to the sharing of their personal data;
All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
All 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 Data Protection Law and this Policy by contract;
All 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 Data Protection Law;
Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure;
Transferring Personal Data to a Country Outside the UK
The Company may, from time to time, transfer (‘transfer’ includes making available remotely) personal data to countries outside of the UK. The UK GDPR restricts such transfers in order to ensure that the level of protection given to data subjects is not compromised.
Personal data may only be transferred to a country outside the UK if one of the following applies:
The UK has issued regulations confirming that the country in question ensures an adequate level of protection (referred to as ‘adequacy decisions’ or ‘adequacy regulations’). From 1 January 2021, transfers of personal data from the UK to EEA countries will continue to be permitted. Transitional provisions are also in place to recognise pre-existing EU adequacy decisions in the UK.
Appropriate safeguards are in place including binding corporate rules, standard contractual clauses approved for use in the UK (this includes those adopted by the European Commission prior to 1 January 2021), an approved code of conduct, or an approved certification mechanism.
The transfer is made with the informed and explicit consent of the relevant data subject(s).
The transfer is necessary for one of the other reasons set out in the UK GDPR including the performance of a contract between the data subject and the Company; public interest reasons; for the establishment, exercise, or defence of legal claims; to protect the vital interests of the data subject where the data subject is physically or legally incapable of giving consent; or, in limited circumstances, for the Company’s legitimate interests.
Data Breach Notification
All personal data breaches must be reported immediately to the Company’s Data Protection Officer.
If an employee, agent, contractor, or other party working on behalf of the Company becomes aware of or suspects that a personal data breach has occurred, they must not attempt to investigate it themselves. Any and all evidence relating to the personal data breach in question should be carefully retained.
If 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.
In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 61.3) 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.
Data breach notifications shall include the following information:
The categories and approximate number of data subjects concerned;
The categories and approximate number of personal data records concerned;
The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);
The likely consequences of the breach;
Details 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.
Data Retention Policy
Introduction
This section of the Policy sets out the obligations of Uniting People Ltd regarding retention of personal data collected, held, and processed by the Company in accordance with the Data Protection Legislation. “Data Protection Legislation” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.
The Data Protection Legislation 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.
The Data Protection Legislation also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
Under the Data Protection Legislation, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the Data Protection Legislation to protect that data).
In addition, the Data Protection Legislation includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
When the data subject withdraws their consent;
When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
When the personal data is processed unlawfully (i.e. in breach of the Data Protection Legislation);
When the personal data has to be erased to comply with a legal obligation; or
Where the personal data is processed for the provision of information society services to a child.
This Policy sets out the type(s) of personal data held by the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.
For further information on other aspects of data protection and compliance with the Data Protection Legislation, please refer to the Company’s Data Protection Policy.
Aims and Objectives
The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the Data Protection Legislation.
In addition to safeguarding the rights of data subjects under the Data Protection Legislation, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.
Scope
This Policy applies to all personal data held by the Company.
Personal data, as held by the Company is stored in the following ways and in the following locations:
Third-party servers, operated by Microsoft and located in The United Kingdom
Computers permanently located in the Company’s premises
Laptop computers and other mobile devices provided by the Company to its employees
Physical records stored in the Company’s offices;
Data Subject Rights and Data Integrity
All personal data held by the Company is held in accordance with the requirements of the Data Protection Legislation and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.
Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy)and the right to restrict the Company’s use of their personal data.
Technical and Organisational Data Security Measures
The following technical measures are in place within the Company to protect the security of personal data. Please refer to the Company’s Data Protection Policy for further details:
All emails containing personal data must be encrypted;
All emails containing personal data must be marked “confidential”;
Personal data may only be transmitted over secure networks;
Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;
Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it;
Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient.
All personal data transferred physically should be transferred in a suitable container marked “confidential”;
No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from Paul Quinlan.
All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely;
No 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 authorisation;
Personal data must be handled with care at all times and should not be left unattended or on view;
Computers used to view personal data must always be locked before being left unattended;
No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise without the formal written approval of The Senior Directors and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary;
No 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 Company’s Data Protection Policy and the Data Protection Legislation;
All electronic copies of personal data should be stored securely using passwords and encryption;
No software may be installed on any Company-owned computer or device without approval; and
Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of Rob Holt to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.
The following organisational measures are in place within the Company to protect the security of personal data. Please refer to the Company’s Data Protection Policy for further details:
All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Data Protection Legislation and under the Company’s Data Protection Policy;
Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;
All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;
All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the Data Protection Legislation and the Company’s Data Protection Policy;
All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the Data Protection Legislation and the Company’s Data Protection Policy;
Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the Data Protection Legislation and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
Data Disposal
Upon the expiry of the data retention periods set out below in Part 68 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:
Personal data stored electronically shall be deleted.
Personal data stored in hardcopy form shall be shredded.
Data Retention
As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
When establishing and/or reviewing retention periods, the following shall be taken into account:
The objectives and requirements of the Company;
The type of personal data in question;
The purpose(s) for which the data in question is collected, held, and processed;
The Company’s legal basis for collecting, holding, and processing that data;
The category or categories of data subject to whom the data relates;
If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
Roles and Responsibilities
The Company’s Data Protection Officer is Paul Quinlan.
The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the Data Protection Legislation.
The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company.
Any questions regarding this Policy, the retention of personal data, or any other aspect of Data Protection Legislation compliance should be referred to the Data Protection Officer.
Implementation of Policy
This Policy shall be deemed effective as of 21 January 2021. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by:
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Paul Quinlan |
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Director |
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21 January 2021 |
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21 January 2022 |
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PQ Uniting People Ltd IT and Data Security Policies – 21 January 2021 IT Security PolicyIntroductionThis document sets out the measures to be taken by all employees of Uniting People Ltd (the “Company”) and by the Company as a whole in order to protect the Company’s computer systems, devices, infrastructure, computing environment and any and all other relevant equipment (collectively, “IT Systems”) from damage and threats whether internal, external, deliberate, or accidental. Key PrinciplesAll IT Systems are to be protected against unauthorised access. All IT Systems are to be used only in compliance with relevant Company Policies. All employees of the Company and any and all third parties authorised to use the IT Systems including, but not limited to, contractors and sub-contractors (collectively, “Users”), must ensure that they are familiar with this Policy and must adhere to and comply with it at all times. All line managers must ensure that all Users under their control and direction must adhere to and comply with this Policy at all times as required under paragraph 2.3. All data stored on IT Systems are to be managed securely in compliance with all relevant parts of the Data Protection Legislation. “Data Protection Legislation” means all applicable data protection and privacy laws including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation. All data stored on IT Systems are to be classified appropriately (including, but not limited to, personal data, sensitive personal data, and confidential information). All data so classified must be handled appropriately in accordance with its classification. All data stored on IT Systems shall be available only to those Users with a legitimate need for access. All data stored on IT Systems shall be protected against unauthorised access and/or processing. All data stored on IT Systems shall be protected against loss and/or corruption. All IT Systems are to be installed, maintained, serviced, repaired, and upgraded by Prompt PC Ltd (the “IT Department”) or by such third party/parties as the IT Department may from time to time authorise. The responsibility for the security and integrity of all IT Systems and the data stored thereon (including, but not limited to, the security, integrity, and confidentiality of that data) lies with the IT Department unless expressly stated otherwise. All breaches of security pertaining to the IT Systems or any data stored thereon shall be reported and subsequently investigated by the IT Department. Any breach which is either known or suspected to involve personal data shall be reported to the Data Protection Officer, Paul Quinlan - Director. All Users must report any and all security concerns relating to the IT Systems or to the data stored thereon immediately to the IT Department. If any such concerns relate in any way to personal data, such concerns must also be reported to the Data Protection Officer. IT Department Responsibilities Paul Quinlan, shall be responsible for the following: ensuring that all IT Systems are assessed and deemed suitable for compliance with the Company’s security requirements; ensuring that IT security standards within the Company are effectively implemented and regularly reviewed, working in consultation with the Company’s senior management and reporting the outcome of such reviews to the Company’s senior management; ensuring that all Users are kept aware of the requirements of this Policy and of all related legislation, regulations, and other relevant rules whether now or in the future in force including, but not limited to, the Data Protection Legislation and the Computer Misuse Act 1990. The IT Staff shall be responsible for the following: assisting all Users in understanding and complying with this Policy; providing all Users with appropriate support and training in IT security matters and use of IT Systems; ensuring that all Users are granted levels of access to IT Systems that are appropriate for each User, taking into account their job role, responsibilities, and any special security requirements; receiving and handling all reports relating to IT security matters and taking appropriate action in response including, in the event that any reports relate to personal data, informing the Data Protection Officer; taking proactive action, where possible, to establish and implement IT security procedures and raise User awareness; assisting the IT Manager in monitoring all IT security within the Company and taking all necessary action to implement this Policy and any changes made to this Policy in the future; and ensuring that regular backups are taken of all data stored within the IT Systems at intervals no less than daily and that such backups are stored offsite. All backups should be encrypted. Users’ Responsibilities All Users must comply with all relevant parts of this Policy at all times when using the IT Systems. All Users must use the IT Systems only within the bounds of UK law and must not use the IT Systems for any purpose or activity which is likely to contravene any UK law whether now or in the future in force. Users must immediately inform the IT Department and, where such concerns relate to personal data, the Data Protection Officer of any and all security concerns relating to the IT Systems. Users must immediately inform the IT Department of any other technical problems (including, but not limited to, hardware failures and software errors) which may occur on the IT Systems. Any and all deliberate or negligent breaches of this Policy by Users will be handled as appropriate under the Company’s disciplinary procedures. Software Security Measures All software in use on the IT Systems (including, but not limited to, operating systems, individual software applications, and firmware) will be kept up-to-date and any and all relevant software updates, patches, fixes, and other intermediate releases will be applied at the sole discretion of the IT Department. This provision does not extend to upgrading software to new ‘major releases’ (e.g. from version 1.0 to version 2.0), only to updates within a particular major release (e.g. from version 1.0 to version 1.0.1 etc.). Unless a software update is available free of charge it will be classed as a major release, falling within the remit of new software procurement and outside the scope of this provision. Where any security flaw is identified in any software that flaw will be either fixed immediately or the software may be withdrawn from the IT Systems until such time as the security flaw can be effectively remedied. If the security flaw affects, is likely to affect, or is suspected to affect any personal data, the Data Protection Officer shall be informed immediately. No Users may install any software of their own, whether that software is supplied on physical media or whether it is downloaded, without the approval of the IT Manager. Any software belonging to Users must be approved by the IT Manager and may only be installed where that installation poses no security risk to the IT Systems and where the installation would not breach any licence agreements to which that software may be subject. All software will be installed onto the IT Systems by the IT Department unless an individual User is given written permission to do so by the IT Manager. Such written permission must clearly state which software may be installed and onto which computer(s) or device(s) it may be installed. Anti-Virus Security Measures Most IT Systems (including all computers and servers) will be protected with suitable anti-virus, firewall, and other suitable internet security software. All such software will be kept up-to-date with the latest software updates and definitions. All IT Systems protected by anti-virus software will be subject to a full system scan at least weekly. The use of physical media (e.g. USB memory sticks or disks of any kind) for transferring files is not allowed for either importing or exporting of files. Users shall be permitted to transfer files using cloud storage systems only with the approval of the IT Manager. All files downloaded from any cloud storage system must be scanned for viruses during the download process. Any files being sent to third parties outside the Company by email or by other means (e.g. shared cloud storage) must be scanned for viruses before being sent or as part of the sending process, as appropriate. All email attachments and cloud files are scanned automatically upon sending. Where any virus is detected by a User this must be reported immediately to the IT Department (this rule shall apply even where the anti-virus software automatically fixes the problem). The IT Department shall promptly take any and all necessary action to remedy the problem. In limited circumstances this may involve the temporary removal of the affected computer or device. Wherever possible a suitable replacement computer or device will be provided within 1 working day to limit disruption to the User. If any virus or other malware affects, is likely to affect, or is suspected to affect any personal data, in addition to the above, the issue must be reported immediately to the Data Protection Officer. Where any User deliberately introduces any malicious software or virus to the IT Systems this will constitute a criminal offence under the Computer Misuse Act 1990 and will be handled as appropriate under the Company’s disciplinary procedures. Hardware Security Measures Wherever practical, IT Systems will be located in rooms which may be securely locked when not in use or, in appropriate cases, at all times whether in use or not (with authorised Users being granted access by means of a key, smart card, door code or similar). Where access to such locations is restricted, Users must not allow any unauthorised access to such locations for any reason. All IT Systems not intended for normal use by Users (including, but not limited to, servers, networking equipment, and network infrastructure) shall be located, wherever possible and practical, in secured, rooms and/or in locked cabinets which may be accessed only by designated members of the IT Department. No Users shall have access to any IT Systems not intended for normal use by Users (including such devices mentioned above) without the express permission of the IT Manager. Under normal circumstances, whenever a problem with such IT Systems is identified by a User, that problem must be reported to the IT Department. Under no circumstances should a User attempt to rectify any such problems without the express permission (and, in most cases, instruction and/or supervision) of the IT Manager. All mobile devices (including, but not limited to, laptops, tablets, and smartphones) provided by the Company should always be transported securely and handled with care. In circumstances where such mobile devices are to be left unattended they should be placed inside a lockable case or other suitable container. Users should make all reasonable efforts to avoid such mobile devices from being left unattended at any location other than their private homes or Company premises. If any such mobile device is to be left in a vehicle it must be stored out of sight and, where possible, in a locked compartment. The IT Department shall maintain a complete asset register of all IT Systems. All IT Systems shall be labelled, and the corresponding data shall be kept on the asset register. Access Security Access privileges for all IT Systems shall be determined on the basis of Users’ levels of authority within the Company and the requirements of their job roles. Users shall not be granted access to any IT Systems or electronic data which are not reasonably required for the fulfilment of their job roles. All IT Systems (and in particular mobile devices including, but not limited to, laptops, tablets, and smartphones) shall be protected with a secure password or passcode, or such other form of secure log-in system as the IT Department may deem appropriate and approve. Not all forms of biometric log-in are considered secure. Only those methods approved by the IT Department may be used. All passwords must, where the software, computer, or device allows: be at least 12 characters long; contain a combination of upper and lower case letters, numbers and special characters. be changed at least every 90 days; be different from the previous password; not be obvious or easily guessed (e.g. birthdays or other memorable dates, memorable names, events, or places etc.); and be created by individual Users. Passwords should be kept secret by each User. Under no circumstances should a User share their password with anyone, including the IT Manager and the IT Staff. No User will be legitimately asked for their password by anyone at any time and any such request should be refused. If a User has reason to believe that another individual has obtained their password, they should change their password immediately and report the suspected breach of security to the IT Department and, where personal data could be accessed by an unauthorised individual, the Data Protection Officer. If a User forgets their password, this should be reported to the IT Department. The IT Department will take the necessary steps to restore the User’s access to the IT Systems which may include the issuing of a temporary password which may be fully or partially known to the member of the IT Staff responsible for resolving the issue. A new password must be set up by the User immediately upon the restoration of access to the IT Systems. Users should not write down passwords if it is possible to remember them. If a User cannot remember a password, it should be stored securely (e.g. in a locked drawer or in a secure password database) and under no circumstances should passwords be left on display for others to see (e.g. by attaching a note to a computer display). All IT Systems with displays and user input devices (e.g. mouse, keyboard, touchscreen etc.) shall be protected, where possible, with a password protected screensaver that will activate after 15 minute of inactivity. This time period cannot be changed by Users and Users may not disable the screensaver. Activation of the screensaver will not interrupt or disrupt any other activities taking place on the computer (e.g. data processing). All mobile devices (including, but not limited to, laptops, tablets, and smartphones) provided by the Company shall be set to lock, sleep, or similar, after 15 minutes for laptops and tablets AND 3 minutes for mobile phones - of inactivity, requiring a password, passcode, or other form of log-in to unlock, wake, or similar. Users may not alter this time period. Users may not use any software which may allow outside parties to access the IT Systems without the express consent of the IT Manager. Any such software must be reasonably required by the User for the performance of their job role and must be fully inspected and cleared by the IT Manager [and, where such access renders personal data accessible by the outside party, the Data Protection Officer]. Users ARE NOT allowed to connect their own devices (including, but not limited to, laptops, tablets, and smartphones) to the Company networks. Data Storage Security All data, and in particular personal data, should be stored securely using passwords and data encryption. All desktops and laptops to be encrypted via Windows 10 Pro BitLocker. No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), without the formal written approval of the Data Protection Officer and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary. No data, and in particular personal data, should be transferred to any computer or device personally belonging to a User unless the User in question is a contractor or sub-contractor working on behalf of the Company and that User has agreed to comply fully with the Company’s Data Protection Policy and the Data Protection Legislation. Data Protection All personal data (as defined in the Data Protection Legislation) collected, held, and processed by the Company will be collected, held, and processed strictly in accordance with the principles of the Data Protection Legislation, the provisions of the Data Protection Legislation and the Company’s Data Protection Policy. All Users handling data for and on behalf of the Company shall be subject to, and must comply with, the provisions of the Company’s Data Protection Policy at all times. In particular, the following shall apply: All emails containing personal data must be encrypted. [ All emails containing personal data must be marked “confidential”; Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted under any circumstances; Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable; Where any confidential or 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. Any questions relating to data protection should be referred to the Data Protection Officer, Paul Quinlan. Internet and Email Use All Users shall be subject to, and must comply with, the provisions of the Company’s Communications, Email and Internet Policy when using the IT Systems. Where provisions in this Policy require any additional steps to be taken to ensure IT security when using the internet or email over and above the requirements imposed by the Communications, Email and Internet Policy, Users must take such steps as required. Reporting IT Security Breaches Subject to paragraph 12.2, all concerns, questions, suspected breaches, or known breaches shall be referred immediately to Paul Quinlan OR the IT Department. All concerns, questions, suspected breaches, or known breaches that involve personal data shall be referred immediately to the Data Protection Officer who shall handle the matter in accordance with the Company’s Data Protection Policy. Upon receiving a question or notification of a breach, the IT Department shall, within 8 working hours, assess the issue including, but not limited to, the level of risk associated therewith, and shall take any and all such steps as the IT Department deems necessary to respond to the issue. Under no circumstances should a User attempt to resolve an IT security breach on their own without first consulting the IT Department or the Data Protection Officer, as appropriate. Users may only attempt to resolve IT security breaches under the instruction of, and with the express permission of, the IT Department. All IT security breaches, whether remedied by the IT Department or by a User under the IT Department’s direction, shall be fully documented. Policy Review The Company shall review this Policy not less than 12 months and otherwise as required in order to ensure that it remains up-to-date and fit for purpose. All questions, concerns, and other feedback relating to this Policy should be communicated to the IT Manager, Paul Quinlan.
Communications, Email, Internet Policy, and Social Media PolicyIntroduction This Communications, Email, Internet, and Social Media Policy applies to all employees, contractors, and agents of Uniting People Ltd, who use the communications equipment, computers, devices, and systems provided by the Company (“Users”). Users are encouraged to use email and the internet at work as a fast and reliable method of communication with significant advantages for business. In light of the fact that communications made by Users and their other activities online reflect upon the Company and are capable of creating a number of commercial, professional, and legal problems, this Policy is intended to clarify what the Company expects from Users and their responsibilities when using the Company’s communications, email, and internet facilities (collectively, “the Company’s Internet and Communication Facilities”). The Company’s Internet and Communication Facilities include: Telephone; Fax; Email; Internet; Intranet; 3rd party software solutions Whilst the Company’s Internet and Communications Facilities are made available to Users for the purposes of the business, a certain amount of limited personal use is permitted insofar as such personal use is consistent with this Policy and the duties of the User. In addition to this Policy, when using the Company’s Internet and Communications Facilities, Users must also comply with other Company Policies including the Company’s Data Protection Policy. General Principles There are certain general principles that should be borne in mind when using any type of communication, be it external or internal, including hard copy letters, memos, and notices. The Company expects all Users to: Use the Company’s Internet and Communication Facilities, and non-electronic facilities including but not limited to Company letterheads and stationery, responsibly and professionally and at all times in accordance with their duties; Be mindful of what constitutes confidential or restricted information and ensure that such information is never disseminated in the course of communications without express authority; Be mindful of what constitutes personal data and ensure that personal data relating to colleagues, clients etc. is never disseminated in the course of communications unless it is used in accordance with the Company’s Data Protection Policy and with express authority; Ensure that they do not breach any copyright or other intellectual property right when making communications; Ensure that they do not bind themselves or the Company to any agreement without express authority to do so; and Be mindful of the fact that any communication may be required to be relied upon in court, to the advantage or the detriment of the individual or the Company, and to conduct their use of communication systems and equipment accordingly. The viewing, transmission, downloading, uploading, or accessing in any way of any of the following material using the Company’s Internet and Communications Facilities will amount to gross misconduct with the possibility of summary dismissal: Material which is pornographic, sexist, racist, homophobic, or any other discriminatory or otherwise offensive material; Illegal or criminal material, including material which breaches copyright or any other intellectual property right; Any material which has the object or effect of causing harassment to the recipient; Material which the User knows, or reasonably ought to know, is confidential or restricted information and which they are not authorised to deal with; Subject to paragraph 16.7 or any website or online service which the Company has blocked access to. Internet Use The Company provides access to the internet for the sole purpose of business and to assist Users in the performance of their duties. However, the Company recognises that Users may need to use the internet for personal purposes and such use is permitted provided it is reasonable and does not interfere with the User’s performance of their duties and is outside of normal working hours or during a break. Users may be asked to justify the amount of time they have spent on the internet or the sites they have visited. Users must not use the internet to gain or attempt to gain unauthorised access to computer material or private databases, including restricted areas of the Company’s network. Nor must they intentionally or recklessly introduce any form of malware, spyware, virus, or other malicious software or code to the communications equipment or systems of the Company. Users must not access or attempt to access any information which they know or reasonably ought to know is confidential or restricted. Users must not access or use personal data online in any manner that is inconsistent with the Company’s Data Protection Policy. Users must not download or install any software without the express permission of the Manager (Paul Quinlan). In accordance with paragraph 15.7, Users must not attempt to download, view, or otherwise retrieve illegal, pornographic, sexist, racist, offensive, or any other material which is in any way in bad taste or immoral. Users should note that even material that is legal under UK law may nonetheless be in sufficiently bad taste to fall within this definition. As a general rule, if any person might be offended by any content, or if that material may be a source of embarrassment to the Company or otherwise tarnish the Company’s image, viewing that material will constitute a breach of this Policy. Any such attempt will constitute a disciplinary offence and in addition to internet access being reviewed, reduced, or withdrawn, may be subject to disciplinary action or summary dismissal. Certain websites are blocked and cannot be accessed using the Company’s Internet and Communication Facilities. If a User has a genuine and specific business need to access a blocked site, they must contact the IT Manager (Paul Quinlan) Social Media Use - General Principles This section of this Policy addresses the use by Users of all types of social network and social media platforms including, but not limited to, Facebook, Twitter, LinkedIn, Google+, Pinterest, Tumblr, Instagram, YouTube (collectively, “Social Media”). The purpose of this part of Policy is to minimise the various risks to the Company presented by Social Media usage. There are certain general principles that all Users should keep in mind when using Social Media , whether for personal use or for authorised work-related purposes. All Users must: Use Social Media responsibly and professionally, and at all times in accordance with their duties; Be mindful of what constitutes confidential, restricted, or other proprietary information and ensure that such information is never disseminated over Social Media without the express consent of the Company. Be mindful of what constitutes personal data and ensure that personal data relating to colleagues, clients etc. is never disseminated over Social Media unless it is used in accordance with the Company’s Data Protection Policy and with express authority; Ensure that their use of Social Media does not breach any other of the Company’s policies including, but not limited to, its Data Protection Policy. Ensure that their use of Social Media does not breach any other laws, regulatory requirements, or other applicable rules set out by regulatory bodies and other organisations including, but not limited to Solicitors Regulation Authority. Ensure that they do not breach any copyright or other intellectual property rights when using Social Media; Be mindful of the fact that any communication may be relied upon in court, to the advantage or detriment of the individual or the Company and conduct their use of Social Media accordingly. If a User is unsure as to the appropriateness of a posting or other content they wish to publish, they should speak to Paul Quinlan at the earliest opportunity to seek clarification. If a User sees any content on Social Media that disparages or otherwise reflects poorly on the Company, such content should be reported to Paul Quinlan. Personal Social Media Use Users may use Social Media for personal purposes occasionally during work hours for example, during breaks provided that such usage complies with the provisions of this Policy and provided that it does not interfere with their work responsibilities or productivity. Business Social Media Use Certain Users may from time to time be required to use Social Media on behalf of the Company. Users should only do so with the authorisation of the Senior Directors in accordance with instructions issued by The Senior Directors, and in accordance with this Policy. Use of Social Media for business purposes must comply with the provisions of this Policy at all times. Users using Social Media on behalf of the Company may from time to time be required to interact with other internet users via Social Media, for example, in response to posts or enquiries regarding the Company. Unless the instructions issued to that User (see paragraph 19.1) specifically authorise the User to respond without further approval, the User may not respond to any such communications without the prior approval of The Senior Directors. In any event, no User using Social Media on behalf of the Company should respond to such communications, with or without prior approval, without first consulting the relevant individual and/or department unless they are fully knowledgeable of the relevant topic and suitably qualified to respond. Social Media contacts made during the course of business are to be treated as confidential information belonging to the Company. Acceptable Use of Social Media If a User makes any posting, contribution, or creation or publishes any other content which identifies or could identify the User as an employee, contractor, agent, or other member or associate of the Company, or in which the User discusses their work or experiences relating to the Company, the User must at all times ensure that their conduct is appropriate and consistent with their contract of employment and the corporate image of the Company, and should bear in mind that the User owes a duty of fidelity to the Company. Unless specifically instructed to do so by The Senior Directors, Users should make it clear that they are posting on Social Media as themselves, not as the Company, and that all opinions and ideas expressed on Social Media by that User are those of the User and do not necessarily reflect the views of the Company. Unless using Social Media on behalf of the Company, Users should not use any Social Media accounts belonging to (or otherwise associated with) the Company. Company email addresses may only be used to sign up to Social Media websites for work-related purposes, however Users should be aware that their Company email address will cease to function should they cease to work for or with the Company and may result in the Social Media account(s) in question being inaccessible. Users should always be respectful to others when using Social Media and should always be mindful of the fact that their association with the Company may be known to anyone at any time. The conduct of all Users on Social Media may reflect on the Company, whether positive or negative. This applies whether a User is using Social Media for business purposes or for personal purposes, whether during workings hours or otherwise. If a User is unsure as to the appropriateness of a posting or other content they wish to publish, they should speak to The Senior Directors at the earliest opportunity to seek clarification. Unacceptable and Prohibited Use of Social Media Users must refrain from doing anything on Social Media or any other websites that defames, disparages, or otherwise brings into disrepute, the Company, a User’s superiors, a User’s colleagues, or other related third parties. This includes, but is not limited to, making false or misleading statements and impersonating colleagues or third parties. Users must ensure that their use of Social Media does not damage the Company, its interests, or its reputation, whether directly or indirectly, in any way. As under paragraph 20.2, unless specifically instructed to do so, Users must not represent themselves on Social Media as the Company or as posting on behalf of the Company. Users may not share the following on Social Media unless specifically authorised to do so by The Senior Directors: Confidential information; Commercially sensitive or other proprietary business information belonging to or about the Company or any of its employees, contractors, agents, or other affiliated third parties and organisations; Personal data relating to colleagues, clients, etc. Users may not use any intellectual property belonging to the Company on Social Media (including, but not limited to, trade marks and logos) unless specifically authorised to do so by The Senior Directors. Users may not add contacts made during the course of their duties to their personal Social Media accounts without the authorisation of The Senior Directors and without the express consent of the individuals involved. Company Email Use The email address with which Users are provided by the Company (ending in the suffix @unitingpeople.co.uk is provided for business purposes in order to facilitate information sharing and timely communication with clients, colleagues, suppliers, etc. Any Company business which is conducted via email must be conducted using Company email and is under no circumstances to be conducted through any other personal email address or account. Users should adopt the following points as part of best practice: Before communicating via email, Users should satisfy themselves that it is the most suitable mode of communication, particularly where time is added automatically by the Exchange system. If it is not, Users should speak to the IT Manager immediately; All emails should contain the appropriate business reference(s), either in the subject line or in the body of the text; Emails should be worded appropriately and in the same professional manner as if they were a letter; Users should be careful not to copy an email automatically to everyone copied in to the original message to which they are responding as this may result in inappropriate or unlawful disclosure of confidential information and/or personal data; Users should take care with the content of emails, in particular avoiding incorrect or improper statements and the unauthorised inclusion of confidential information or personal data. Failure to follow this point may lead to claims for discrimination, harassment, defamation, breach of contract, breach of confidentiality, or personal data breaches; All emails should be proof read before transmission, which includes ensuring that any attachments referred to in the text are actually attached and are correct and the intended recipients’ email addresses are correct; If an important document is transmitted via email, the sender should telephone the recipient to confirm that the document has been received in full; Users must not email any business document to their own or a colleague’s personal web-based email accounts. Furthermore, Users must not email any business document to any clients, colleagues, suppliers web-based email address unless specifically permitted to do so by the recipient. Use of Company email for any personal matter is prohibited as it places additional strain on the Company’s communications facilities. If Users do use Company email for personal reasons, they will be deemed to agree to the possibility that any emails sent or received may be subject to monitoring in accordance with Part 27 of this Policy. Users must not send abusive, obscene, discriminatory, racist, harassing, derogatory, pornographic, or otherwise inappropriate material in emails. If any User feels that they have been or are being harassed or bullied, or if they are offended by material received in an email from another User, they should inform The Senior Directors. Users should at all times remember that email messages may have to be disclosed as evidence for any court proceedings or investigations by regulatory bodies and may therefore be prejudicial to both their and the Company’s interests. Users should remember that data which appears to have been deleted is often recoverable. If secure deletion is required, for example, where an email contains confidential information or personal data, Users should follow the steps set out in the Company’s Data Protection Policy. Personal Email Use Users are not permitted to access their personal email accounts via the Company’s Internet and Communications Facilities. Company Telephone System Use The Company’s telephone lines and mobile phones issued by the Company are for the exclusive use by Users working on the Company’s business. Essential personal telephone calls regarding Users’ domestic arrangements are acceptable, but excessive use of the Company’s telephone system and/or mobile phones for personal calls is prohibited. Acceptable use may be defined as no more than 5 minutes of personal calls in a working day. Any personal telephone calls should be timed to cause minimal disruption to Users’ work. Users should be aware that telephone calls made and received on the Company’s telephone lines and mobile phones issued by the Company may be routinely monitored to ensure customer satisfaction or to check the telephone system is not being abused. If the Company discovers that the telephone system or a mobile phone issued by the Company has been used excessively for personal calls, this will be treated as a disciplinary matter and will be handled in accordance with the Company’s disciplinary procedures. Personal Mobile Phone Use Essential personal telephone calls regarding Users’ domestic arrangements are acceptable, but excessive use of Users’ own mobile phones for personal communications (including, but not limited to, calls, messaging, emailing, and web browsing) is prohibited. In order to avoid disruption to others, mobile phones should be set to silent during normal working hours. Any personal telephone calls on Users’ own mobile phones should be timed to cause minimal disruption to Users’ work and to colleagues working nearby. Security The integrity of the Company’s business relies on the security of the Company’s Internet and Communications Facilities. Users bear the responsibility of preserving the security of Company’s Internet and Communications Facilities through careful and cautious use. In addition to the general provisions contained in this Policy, Users must also comply with the Company’s IT Security Policy. Access to certain websites and online services via the Company’s Internet and Communications Facilities is blocked. Often the decision to block a website or service is based on potential security risks that the site or service poses. Users must not attempt to circumvent any blocks placed on any website or service by the Company. Users must not download or install any software or program without the express permission of the IT Manager, and are reminded of paragraphs 16.2 and 16.5 of this Policy. Users must not delete, destroy, or otherwise modify any part of the Company’s Internet and Communications Facilities (including, but not limited to, hardware and software) without the express permission of the IT Manager. Users must not share any password that they use for accessing the Company’s Internet and Communications Facilities with any person, other than when it is necessary for maintenance or repairs by the IT Department. Where it has been necessary to share a password, the User should change the password immediately when it is no longer required by the IT Department. Users are reminded that it is good practice to change passwords regularly. Users must ensure that confidential information, personal data, and other sensitive information is kept secure. The security of personal data in particular is governed by the Company’s Data Protection Policy, which Users must comply with at all times when handling personal data. Workstations and screens should be locked when the User is away from the machine and hard copy files and documents should be secured when not in use. If a User has been issued with a laptop, tablet, smartphone, or other mobile device, that device should be kept secure at all times, particularly when travelling. Mobile devices must be password-protected. Confidential information, personal data, and other sensitive information stored and/or accessed on a mobile device should be kept to the minimum necessary for the User to perform their duties. Users should also be aware that when using mobile devices outside of the workplace, information displayed on them may be read by unauthorised third parties, for example, in public places and on public transport. Users using Company-issued mobile devices (as outlined above in paragraph 26.7) must not connect such devices to public wi-fi networks, for example, in cafes, restaurants, and on public transport. When opening email from external sources Users must exercise caution in light of the risk malware, spyware, viruses, and other malicious software or code pose to system security. Users should always ensure that they know what an attachment is before opening it. If a User suspects that their computer has been affected by a virus they must contact the IT department immediately. No equipment or device that has not been issued by the Company may be connected to or used in conjunction with the Company’s Internet and Communications Facilities without the prior express permission of the IT Manager. Such permission may be conditional on the testing and/or inspection of the equipment or device in question. Monitoring To the extent permitted or required by law, the Company may monitor Users’ use of the Company’s Internet and Communications Facilities for its legitimate business purposes which include (but are not necessarily limited to) the following reasons: To ensure Company policies and guidelines are followed, and standards of service are maintained; To comply with any legal obligation; To investigate and prevent the unauthorised use of the Company’s Internet and Communications Facilities and maintain security; If the Company suspects that a User has been viewing or sending offensive or illegal material (or material that is otherwise in violation of this Policy); If the Company suspects that a User has been spending an excessive amount of time using the Company’s Internet and Communications Facilities for personal purposes. Users should be aware that all internet and email traffic data sent and received using the Company’s Internet and Communications Facilities is logged, including websites visited, times of visits, and duration of visits. Any personal use of the internet will necessarily therefore be logged also. Users who wish to avoid the possibility of the Company becoming aware of any political or religious beliefs or affiliations should avoid visiting websites at work which might reveal such affiliations. By using the Company’s Internet and Communications Facilities for personal use, Users are taken to consent to personal communications being logged and monitored by the Company. The Company shall ensure that any monitoring of Users’ use of the Company’s Internet and Communications Facilities complies with all relevant legislation including, but not limited to, the UK GDPR and the Human Rights Act 1998. When monitoring emails, the Company will normally restrict itself to looking at the address and heading of the emails. However, if it is considered necessary, the Company may open and read emails. Users should be aware that sensitive and confidential communications should not be sent by email because it cannot be guaranteed to be private. Users are reminded that any personal emails are not permitted. Recruitment The Company may use internet searches to carry out due diligence as part of its recruitment process. In these circumstances, the Company will act in accordance with its equal opportunities and data protection obligations. Misuse and Compliance Any User found to be misusing the Company’s Internet and Communications Facilities will be treated in line with the Company’s Disciplinary Policy and Procedure. Misuse of the internet can, in some cases, amount to a criminal offence. Where any evidence of misuse of the Company’s Internet and Communications Facilities is found, the Company may undertake an investigation into the misuse in accordance with the Company’s Disciplinary Policy and Procedure. If criminal activity is suspected or found, the Company may hand over relevant information to the police in connection with a criminal investigation.
Data Protection PolicyIntroduction This section of the policy sets out the obligations of Uniting People Ltd, regarding data protection and the rights of staff, customers, business contacts etc. (“data subjects”) in respect of their personal data under Data Protection Law. “Data Protection Law” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation. This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of 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.
Scope if any assistance is required in complying with the law applicable to direct marketing. The Data Protection Principles This Policy aims to ensure compliance with Data Protection Law. The UK GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be: processed lawfully, fairly, and in a transparent manner in relation to the data subject; collected 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 shall not be considered to be incompatible with the initial purposes; adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed; accurate 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 it is processed, is erased, or rectified without delay; kept 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 UK GDPR in order to safeguard the rights and freedoms of the data subject; processed 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. The Rights of Data Subjects The UK GDPR sets out the following key rights applicable to data subjects: The right to be informed; the right of access; the right to rectification; the right to erasure (also known as the ‘right to be forgotten’); the right to restrict processing; the right to data portability; the right to object; and rights with respect to automated decision-making and profiling. Lawful, Fair, and Transparent Data Processing Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the processing of personal data shall be lawful if at least one of the following applies: the data subject has given consent to the processing of their personal data for one or more specific purposes; the processing 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; the processing is necessary for compliance with a legal obligation to which the data controller is subject; the processing is necessary to protect the vital interests of the data subject or of another natural person; the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or the processing is necessary for the purposes of the legitimate interests pursued by the data controller 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. If the personal data in question is special category personal data (also known as “sensitive personal data”), at least one of the following conditions must be met: the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless the law prohibits them from doing so); the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by law or a collective agreement pursuant to law which provides for appropriate safeguards for the fundamental rights and interests of the data subject); the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; the data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects; the processing relates to personal data which is manifestly made public by the data subject; the processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity; the processing is necessary for substantial public interest reasons, on the basis of law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject; the processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the UK GDPR; the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the UK GDPR (as supplemented by section 19 of the Data Protection Act 2018) based on law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.] Consent If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply: Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent. Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters. Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly. If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject. If special category personal data is processed, the Company shall normally rely on a lawful basis other than explicit consent. If explicit consent is relied upon, the data subject in question must be issued with a suitable privacy notice in order to capture their consent. In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements. Specified, Explicit, and Legitimate Purposes The Company collects and processes the personal data set out in Part 53 of this Policy. This includes: personal data collected directly from data subjects and personal data obtained from third parties. The Company only collects, processes, and holds personal data for the specific purposes set out in Part 53 of this Policy (or for other purposes expressly permitted by Data Protection Law). Data subjects must be kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 44 for more information on keeping data subjects informed. 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 or purposes of which data subjects have been informed (or will be informed) as under Part 37, above, and as set out in Part 53, below. Employees, agents, contractors, or other parties working on behalf of the Company may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected. Employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal data held by the Company cannot be processed for any unrelated reasons. Accuracy of Data and Keeping Data Up-to-Date The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 46, below. The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate. Data Retention The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed. When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay. For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy. Secure Processing The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 54 to 59 of this Policy. All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data. Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows: only those with a genuine need to access and use personal data and who are authorised to do so may access and use it; personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed; and authorised users must always be able to access the personal data as required for the authorised purpose or purposes. Accountability and Record-Keeping The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines. The Company shall follow a privacy by design approach at all times when collecting, holding, and processing personal data. Data Protection Impact Assessments shall be conducted if any processing presents a significant risk to the rights and freedoms of data subjects (please refer to Part 43 for further information). All employees, agents, contractors, or other parties working on behalf of the Company shall be given appropriate training in data protection and privacy, addressing the relevant aspects of Data Protection Law, this Policy, and all other applicable Company policies. The Company’s data protection compliance shall be regularly reviewed and evaluated by means of Data Protection Audits. The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information: the name and details of the Company, its Data Protection Officer, and any applicable third-party data transfers (including data processors and other data controllers with whom personal data is shared); the purposes for which the Company collects, holds, and processes personal data; the Company’s legal basis or bases (including, but not limited to, consent, the mechanism(s) for obtaining such consent, and records of such consent) for collecting, holding, and processing personal data; details 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; details of any transfers of personal data to non-UK countries including all mechanisms and security safeguards; details of personal data storage, including location(s); detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data. Data Protection Impact Assessments and Privacy by Design In accordance with the privacy by design principles, the Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and where the processing involved is likely to result in a high risk to the rights and freedoms of data subjects. The principles of privacy by design should be followed at all times when collecting, holding, and processing personal data. The following factors should be taken into consideration: the nature, scope, context, and purpose or purposes of the collection, holding, and processing; the state of the art of all relevant technical and organisational measures to be taken; the cost of implementing such measures; and the risks posed to data subjects and to the Company, including their likelihood and severity. Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following: the type(s) of personal data that will be collected, held, and processed; the purpose(s) for which personal data is to be used; the Company’s objectives; how personal data is to be used; the parties (internal and/or external) who are to be consulted; the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed; risks posed to data subjects; risks posed both within and to the Company; and proposed measures to minimise and handle identified risks. Keeping Data Subjects Informed The Company shall provide the information set out in Part 44.2 to every data subject: where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose: if the personal data is used to communicate with the data subject, when the first communication is made; or if the personal data is to be transferred to another party, before that transfer is made; or as soon as reasonably possible and in any event not more than one month after the personal data is obtained. The following information shall be provided in the form of a privacy notice: details of the Company including, but not limited to, contact details, and the names and contact details of any applicable representatives and its Data Protection Officer; the purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 53 of this Policy) and the lawful basis justifying that collection and processing; where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data; where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed; where the personal data is to be transferred to one or more third parties, details of those parties; where the personal data is to be transferred to a third party that is located outside of the UK, details of that transfer, including but not limited to the safeguards in place (see Part 60 of this Policy for further details); details of applicable data retention periods; details of the data subject’s rights under the UK GDPR; details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time; details of the data subject’s right to complain to the Information Commissioner’s Office; where the personal data is not obtained directly from the data subject, details about the source of that personal data; where 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; and details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences. Data Subject Access Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why. Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to the Company’s Data Protection Officer. Responses to SARs must normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed. All SARs received shall be handled by the Company’s Data Protection Officer The 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. Rectification of Personal Data Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete. The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data. Erasure of Personal Data Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances: it is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed; the data subject wishes to withdraw their consent to the Company holding and processing their personal data; the 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 Part 50 of this Policy for further details concerning the right to object); the personal data has been processed unlawfully; the personal data needs to be erased in order for the Company to comply with a particular legal obligation or the personal data is being held and processed for the purpose of providing information society services to a child. Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed. In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so). Restriction of Personal Data Processing Data 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 shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further. In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so). Data Portability The Company does not process personal data using automated means. Objections to Personal Data Processing Data subjects have the right to object to the Company processing their personal data based on legitimate interests, for direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes. Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims. Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing promptly. Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the UK GDPR, demonstrate grounds relating to his or her particular situation. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest. Automated Processing, Automated Decision-Making, and Profiling The Company does not use personal data in automated decision-making processes. Direct Marketing The Company is subject to certain rules and regulations when marketing its products and/or services. The prior consent of data subjects is required for electronic direct marketing including email, text messaging, and automated telephone calls subject to the following limited exception: The Company may send marketing text messages or emails to a customer provided that that customer’s contact details have been obtained in the course of a sale, the marketing relates to similar products or services, and the customer in question has been given the opportunity to opt-out of marketing when their details were first collected and in every subsequent communication from the Company. The right to object to direct marketing shall be explicitly offered to data subjects in a clear and intelligible manner and must be kept separate from other information in order to preserve its clarity. If a data subject objects to direct marketing, their request must be complied with promptly. A limited amount of personal data may be retained in such circumstances to the extent required to ensure that the data subject’s marketing preferences continue to be complied with. Personal Data Collected, Held, and Processed See Information Asset Register and Risk Asssesment.xlsx for required information. Data Security - Transferring Personal Data and Communications The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data: All emails containing personal data must be encrypted using either the CJSM encrypted email system OR Office 365 encrypted emails; All emails containing personal data must be marked “confidential”; Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances; Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable; Where 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; Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient. All personal data to be transferred physically shall be transferred in a suitable container marked “confidential” Data Security - Storage The Company shall ensure that the following measures are taken with respect to the storage of personal data: All electronic copies of personal data should be stored securely using passwords and held on encrypted devices. All 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; All personal data stored electronically should be backed up daily with backups offsite. All backups should be encrypted. No 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 without the formal approval of The Senior Directors and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; No personal data should be transferred to any device personally belonging to an employee, agent, contractor, or other party working on behalf of the Company 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 applicable Data Protection Law (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken); Data Security - Disposal When 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. Data Security - Use of Personal Data The Company shall ensure that the following measures are taken with respect to the use of personal data: No personal data may be shared informally and if an employee, agent, 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 The Senior Directors; No personal data may be transferred to any employee, agent, contractor, or other party, whether such parties are working on behalf of the Company or not, without the authorisation of The Senior Directors; Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, contractors, or other parties at any time; If 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; Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of Paul Quinlan to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS; Data Security - IT Security The Company shall ensure that the following measures are taken with respect to IT and information security: All 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 comply with the password requirements that are in this policy. Under 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; All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; No software may be installed on any Company-owned computer or device without the prior approval of the IT Manager; Organisational Measures The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data: All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under Data Protection Law and under this Policy, and shall be provided with a copy of this Policy; Only employees, agents, 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 shall have access to personal data held by the Company; All sharing of personal data shall comply with the information provided to the relevant data subjects and, if required, the consent of such data subjects shall be obtained prior to the sharing of their personal data; All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so; All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised; All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise; Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed; All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy; The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed; All 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 Data Protection Law and this Policy by contract; All 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 Data Protection Law; Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure; Transferring Personal Data to a Country Outside the UK The Company may, from time to time, transfer (‘transfer’ includes making available remotely) personal data to countries outside of the UK. The UK GDPR restricts such transfers in order to ensure that the level of protection given to data subjects is not compromised. Personal data may only be transferred to a country outside the UK if one of the following applies: The UK has issued regulations confirming that the country in question ensures an adequate level of protection (referred to as ‘adequacy decisions’ or ‘adequacy regulations’). From 1 January 2021, transfers of personal data from the UK to EEA countries will continue to be permitted. Transitional provisions are also in place to recognise pre-existing EU adequacy decisions in the UK. Appropriate safeguards are in place including binding corporate rules, standard contractual clauses approved for use in the UK (this includes those adopted by the European Commission prior to 1 January 2021), an approved code of conduct, or an approved certification mechanism. The transfer is made with the informed and explicit consent of the relevant data subject(s). The transfer is necessary for one of the other reasons set out in the UK GDPR including the performance of a contract between the data subject and the Company; public interest reasons; for the establishment, exercise, or defence of legal claims; to protect the vital interests of the data subject where the data subject is physically or legally incapable of giving consent; or, in limited circumstances, for the Company’s legitimate interests. Data Breach Notification All personal data breaches must be reported immediately to the Company’s Data Protection Officer. If an employee, agent, contractor, or other party working on behalf of the Company becomes aware of or suspects that a personal data breach has occurred, they must not attempt to investigate it themselves. Any and all evidence relating to the personal data breach in question should be carefully retained. If 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. In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 61.3) 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. Data breach notifications shall include the following information: The categories and approximate number of data subjects concerned; The categories and approximate number of personal data records concerned; The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained); The likely consequences of the breach; Details 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. Data Retention PolicyIntroduction This section of the Policy sets out the obligations of Uniting People Ltd regarding retention of personal data collected, held, and processed by the Company in accordance with the Data Protection Legislation. “Data Protection Legislation” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation. The Data Protection Legislation 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. The Data Protection Legislation also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation. Under the Data Protection Legislation, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the Data Protection Legislation to protect that data). In addition, the Data Protection Legislation includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances: Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above); When the data subject withdraws their consent; When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest; When the personal data is processed unlawfully (i.e. in breach of the Data Protection Legislation); When the personal data has to be erased to comply with a legal obligation; or Where the personal data is processed for the provision of information society services to a child. This Policy sets out the type(s) of personal data held by the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of. For further information on other aspects of data protection and compliance with the Data Protection Legislation, please refer to the Company’s Data Protection Policy. Aims and Objectives The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the Data Protection Legislation. In addition to safeguarding the rights of data subjects under the Data Protection Legislation, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data. Scope This Policy applies to all personal data held by the Company. Personal data, as held by the Company is stored in the following ways and in the following locations: Third-party servers, operated by Microsoft and located in The United Kingdom Computers permanently located in the Company’s premises Laptop computers and other mobile devices provided by the Company to its employees Physical records stored in the Company’s offices; Data Subject Rights and Data Integrity All personal data held by the Company is held in accordance with the requirements of the Data Protection Legislation and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy. Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined). Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy)and the right to restrict the Company’s use of their personal data. Technical and Organisational Data Security Measures The following technical measures are in place within the Company to protect the security of personal data. Please refer to the Company’s Data Protection Policy for further details: All emails containing personal data must be encrypted; All emails containing personal data must be marked “confidential”; Personal data may only be transmitted over secure networks; Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative; Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it; Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient. All personal data transferred physically should be transferred in a suitable container marked “confidential”; No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from Paul Quinlan. All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely; No 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 authorisation; Personal data must be handled with care at all times and should not be left unattended or on view; Computers used to view personal data must always be locked before being left unattended; No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise without the formal written approval of The Senior Directors and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; No 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 Company’s Data Protection Policy and the Data Protection Legislation; All electronic copies of personal data should be stored securely using passwords and encryption; No software may be installed on any Company-owned computer or device without approval; and Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of Rob Holt to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS. The following organisational measures are in place within the Company to protect the security of personal data. Please refer to the Company’s Data Protection Policy for further details: All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Data Protection Legislation and under the Company’s Data Protection Policy; Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company; All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so; All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised; All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times; Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed; The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed; All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the Data Protection Legislation and the Company’s Data Protection Policy; All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the Data Protection Legislation and the Company’s Data Protection Policy; Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the Data Protection Legislation and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure. Data Disposal Upon the expiry of the data retention periods set out below in Part 68 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows: Personal data stored electronically shall be deleted. Personal data stored in hardcopy form shall be shredded. Data Retention As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed. Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below. When establishing and/or reviewing retention periods, the following shall be taken into account: The objectives and requirements of the Company; The type of personal data in question; The purpose(s) for which the data in question is collected, held, and processed; The Company’s legal basis for collecting, holding, and processing that data; The category or categories of data subject to whom the data relates; If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria. Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise). Roles and Responsibilities The Company’s Data Protection Officer is Paul Quinlan. The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the Data Protection Legislation. The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company. Any questions regarding this Policy, the retention of personal data, or any other aspect of Data Protection Legislation compliance should be referred to the Data Protection Officer. Implementation of Policy This Policy shall be deemed effective as of 21 January 2021. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date. This Policy has been approved and authorised by:
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