Maru Group Limited – Data Processing Policy

 

1       POLICY STATEMENT

1.1    Maru Group Limited (“We”) is committed protecting personal data.

1.2    Everyone has rights with regard to the way in which their personal data is handled. During the course of our activities we will collect, store and process personal data about our customers, our customers' customers, suppliers and other third parties, and we recognise that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations.

1.3    Data users are obliged to comply with this policy when processing personal data on our behalf. Any breach of this policy may result in disciplinary action.

2       ABOUT THIS POLICY

2.1   The types of personal data that we may be required to handle include information about current, past and prospective customers, customers of our customers, suppliers and others that we communicate with. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in data protection legislation ("Legislation") and other regulations.

2.2   This policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, or that is provided to us by data subjects or other sources. This policy should be read in conjunction with our Privacy Policy which applies to personal data obtained via our website or any website owned or operated by us or any member of our group.

2.3    This policy does not form part of any employee's contract of employment and may be amended at any time.

2.4    This policy sets out rules on data protection and the legal conditions that we have set for ourselves when we obtain, handle, process, transfer and store personal data.

2.5    The Data Protection Officer is responsible for ensuring compliance with the Legislation and with this policy. That post is held by [NAME], [DEPARTMENT], [TELEPHONE EXTENSION], [EMAIL ADDRESS]. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.

3        DEFINITION OF DATA PROTECTION TERMS

3.1    Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.

3.2    Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.

3.3    Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.

3.4    Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed.

3.5    Data users are those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.

3.6    Data processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. In certain circumstances we may be a data processor on behalf of our customers.

3.7    Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

3.8    Sensitive personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.

4      DATA PROTECTION PRINCIPLES

4.1   Anyone processing personal data must comply with the six enforceable principles of good practice. These provide that personal data must be:

4.1.1             processed fairly, lawfully and in a transparent manner ("lawfulness, fairness and transparency");

4.1.2             collected for specified, explicit and legitimate purposes ("purpose limitation").

4.1.3             adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ("data minimisation");

4.1.4             accurate and kept up to date ("accuracy");

4.1.5             not kept longer than necessary for the purpose for which it is processed ("storage limitation"); and

4.1.6             processed in a manner that ensure appropriate security of the personal data ("integrity and confidentiality").

5      LAWFULNESS, FAIRNESS AND TRANSPARENCY

5.1   The Legislation is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject.

5.2   For personal data to be processed lawfully, they must be processed on the basis of one of the legal grounds set out in the Legislation. These include, among other things, the data subject's consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, we will ensure that those requirements are met.

6     PURPOSE LIMITATION

6.1   In the course of our business, we may collect and process the personal data which we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies and others).

6.2   We will only process personal data for specified, explicit and legitimate purposes and will not further process personal data in a manner that is incompatible with those purposes. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.

7     DATA MINIMISATION

We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject. We will also routinely look to minimise personal data being processed to ensure that it is adequate and not excessive.

8     ACCURRACY

We will ensure that personal data we hold is accurate and, if necessary, kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date personal data without delay.

9    STORAGE LIMITATION

We will not keep personal data longer than is necessary for the purpose or purposes for which they were originally collected or, where consent to processing is our legal gateway for processing, for longer than when consent has expired or been withdrawn. We will take all reasonable steps to destroy, or erase from our systems, all personal data which is no longer required.

10   INTEGRITY AND CONFIDENTIALITY             

10.1    We will take appropriate technical and organisational security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, destruction of or damage to, personal data.

10.2    We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor under formal written agreement setting out the tasks of the processor and only if he/she/it agrees to comply with those procedures and policies, or if he/she/it puts in place adequate measures himself.

10.3    We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

10.3.1          Confidentiality means that only people who are authorised to use the data can access it.

10.3.2          Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.

10.3.3          Availability means that authorised users should be able to access the data if they need it for authorised purposes.

10.4    Security procedures include:

10.4.1          Entry controls. Any stranger seen in entry-controlled areas should be reported.

10.4.2          Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)

10.4.3          Methods of disposal. Paper documents should be shredded when they are no longer required. Any documents stored on digital storage devices should be irretrievably deleted from such devices.

10.4.4          Equipment. Data users must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.

10.4.5          Passwords. Kept in a secure location and not on visible prompts; not shared with anyone;

10.4.6          Standards.  [Refer to company's current IT standards (you will need input from the IT team)].

11       TRANSFERRING PERSONAL DATA TO A COUNTRY OUTSIDE THE EEA

11.1    We may transfer any personal data we hold to a country outside the European Economic Area ("EEA"), provided that one of the following conditions applies:

11.1.1          the country to which the personal data are transferred ensures an adequate level of protection for the data subjects' rights and freedoms, and if necessary, the receiving party enters into an agreement, subject to the Model Clauses for data processing, with us;

11.1.2          the data subject has given their consent;

11.1.3          the transfer is necessary for the performance of a contract between us and our customer;

11.1.4          the transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims; or

11.1.5          the transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects' privacy, their fundamental rights and freedoms, and the exercise of their rights.

11.2    Subject to the requirements in clause 11.1 above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. That staff may be engaged in, among other things, the fulfilment of contracts between us and our customers, the processing of payment details and the provision of support services.

12      DISCLOSURE AND SHARING OF PERSONAL INFORMATION

12.1    We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 where we have a legitimate interest in doing so or where one of the other lawful processing gateways applies.

12.2    We may also disclose personal data we hold to third parties:

12.2.1          in the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or assets; or

12.2.2          if we or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets.

12.3                If we are under a duty to disclose or share a data subject's personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

13    DEALING WITH SUBJECT ACCESS REQUESTS

13.1   Data subjects must make a formal request for information we hold about them. This must be made in writing. Employees who receive a written request should forward it to the Data Protection Officer immediately. Our Data Protection Officer is [         ].

13.2   Our response to a written request under clause 13.1 above will be in accordance with the Legislation.

13.3   When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:

13.3.1          we will check the caller's identity to make sure that information is only given to a person who is entitled to it; and

13.3.2          we will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.

13.4   Our employees will refer a request to the Data Protection Officer for assistance in difficult situations. Employees should not be bullied into disclosing personal information and no personal data should be disclosed until such time as clause 13.3 is adhered to.

14     CHANGES TO THIS POLICY

We reserve the right to change this policy at any time. Where appropriate, we will notify data subjects of those changes by mail or email.