Data Protection Policy – ELSG Ltd GDPR Compliance

1. Introduction

This Policy sets out the obligations of ELSG Ltd, a company registered in the United Kingdom under number 04520558, whose registered office is at Building 2, 1st Floor, Croxley Green Business Park, Watford, WD18 8YA (“the Company”) regarding data protection and the rights of customers and business contacts (“data subjects”) in respect of their personal data under EU Regulation 2016/679, the General Data Protection Regulation (“GDPR”).

The GDPR 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This Policy sets out the Company’s obligations regarding the collection, processing, transfer, storage and disposal of personal data. The procedures and principles set out below must be followed at all times by the Company, its employees, agents, contractors or other parties working on behalf of the Company.

The Company is committed not only to the letter of the law but also to its spirit, and places high importance on the correct, lawful and fair handling of all personal data, respecting the legal rights, privacy and trust of all individuals with whom it deals.

2. The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

1. 2.1 Processed lawfully, fairly and in a transparent manner in relation to the data subject.
2. 2.2 Collected for specified, explicit and legitimate purposes and not further processed in a manner 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 incompatible with the initial purposes.
3. 2.3 Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
4. 2.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data which is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay.
5. 2.5 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 it will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to the appropriate technical and organisational measures required by the GDPR to safeguard the rights and freedoms of the data subject.
6. 2.6 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.

3. The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this Policy indicated for further details):

1. 3.1 The right to be informed (Part 12).
2. 3.2 The right of access (Part 13).
3. 3.3 The right to rectification (Part 14).
4. 3.4 The right to erasure, also known as the “right to be forgotten” (Part 15).
5. 3.5 The right to restrict processing (Part 16).
6. 3.6 The right to data portability (Part 17).
7. 3.7 The right to object (Part 18).
8. 3.8 Rights with respect to automated decision-making and profiling (Parts 19 and 20).

4. Lawful, Fair and Transparent Data Processing

4.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:

1. 4.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes.
2. 4.1.2 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 with them.
3. 4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject.
4. 4.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person.
5. 4.1.5 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.
6. 4.1.6 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 requiring protection of personal data, in particular where the data subject is a child.

4.2 If the personal data in question is “special category data” (also known as “sensitive personal data”), for example data concerning race, ethnicity, politics, religion, trade union membership, genetics, biometrics used for identification, health, sex life or sexual orientation, at least one of the following conditions must be met:

1. 4.2.1 The data subject has given their explicit consent to the processing of such data for one or more specified purposes, unless EU or EU Member State law prohibits them from doing so.
2. 4.2.2 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 authorised by EU or EU Member State law or a collective agreement providing appropriate safeguards for the fundamental rights and interests of the data subject.
3. 4.2.3 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.
4. 4.2.4 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 it relates solely to members or former members, or to persons in regular contact with it in connection with its purposes, and the personal data is not disclosed outside the body without the data subjects’ consent.
5. 4.2.5 The processing relates to personal data clearly made public by the data subject.
6. 4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity.
7. 4.2.7 The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which is proportionate to the aim pursued, respects the essence of the right to data protection, and provides for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.
8. 4.2.8 The processing is necessary for preventative or occupational medicine, for assessing 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 EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards in Article 9(3) of the GDPR.
9. 4.2.9 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 EU or EU Member State law providing suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy.
10. 4.2.10 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 GDPR, based on EU or EU Member State law which is proportionate to the aim pursued, respects the essence of the right to data protection, and provides for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.

5. Specified, Explicit and Legitimate Purposes

1. 5.1 The Company collects and processes the personal data set out in Part 19 of this Policy. This includes:
   1. Personal data collected directly from data subjects.
   2. Personal data obtained from third parties.
2. 5.2 The Company only collects, processes and holds personal data for the specific purposes set out in Part 21 of this Policy, or for other purposes expressly permitted by the GDPR.
3. 5.3 Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

6. 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 5 above and as set out in Part 21 below.

7. Accuracy of Data and Keeping Data Up to Date

1. 7.1 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 14 below.
2. 7.2 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.

8. Data Retention

1. 8.1 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.
2. 8.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
3. 8.3 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.

9. 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 to be taken are provided in Parts 22 to 27 of this Policy.

10. Accountability and Record-Keeping

1. 10.1 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, and the GDPR and other applicable data protection legislation.
2. 10.2 The Company shall keep written internal records of all personal data collection, holding and processing, incorporating the following information:
   1. The name and details of the Company, its Data Protection Officer, and any applicable third-party data processors.
   2. The purposes for which the Company collects, holds and processes personal data.
   3. 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.
   4. Details of any transfers of personal data to non-EEA countries, including all mechanisms and security safeguards.
   5. Details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy).
   6. Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

11. Data Protection Impact Assessments

1. 11.1 The Company shall carry out Data Protection Impact Assessments for any new projects and/or new uses of personal data which involve new technologies, where the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
2. 11.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
   1. The type(s) of personal data that will be collected, held and processed.
   2. The purpose(s) for which personal data is to be used.
   3. The Company’s objectives.
   4. How personal data is to be used.
   5. The parties, internal and/or external, who are to be consulted.
   6. The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed.
   7. Risks posed to data subjects.
   8. Risks posed both within and to the Company.
   9. Proposed measures to minimise and handle identified risks.

12. Keeping Data Subjects Informed

1. 12.1 The Company shall provide the information set out in Part 12.2 to every data subject:
   1. Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection.
   2. Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
      1. if the personal data is used to communicate with the data subject, when the first communication is made; or
      2. if the personal data is to be transferred to another party, before that transfer is made; or
      3. as soon as reasonably possible and, in any event, not more than one month after the personal data is obtained.
2. 12.2 The following information shall be provided:
   1. Details of the Company, including but not limited to the identity of its Data Protection Officer.
   2. The purpose(s) for which the personal data is being collected and will be processed, as detailed in Part 21 of this Policy, and the legal basis justifying that collection and processing.
   3. Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data.
   4. Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed.
   5. Where the personal data is to be transferred to one or more third parties, details of those parties.
   6. Where the personal data is to be transferred to a third party located outside the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 28 of this Policy for further details).
   7. Details of data retention.
   8. Details of the data subject’s rights under the GDPR.
   9. Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time.
   10. Details of the data subject’s right to complain to the Information Commissioner’s Office, the supervisory authority under the GDPR.
   11. 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.
   12. Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, their significance, and any consequences.

13. Data Subject Access

1. 13.1 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.
2. 13.2 Data subjects wishing to make a SAR may do so in writing, using the Company’s Subject Access Request Form or other written communication. SARs should be addressed to the Company’s Data Protection Officer at [email protected].
3. 13.3 Responses to SARs shall normally be made within one month of receipt, although this may be extended by up to two months if the SAR is complex and/or numerous requests are made. The data subject shall be informed if such additional time is required.
4. 13.4 All SARs received shall be handled by the Company’s Data Protection Officer.
5. 13.5 The Company does not charge a fee for handling normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information already supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where they are repetitive.

14. Rectification of Personal Data

1. 14.1 Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
2. 14.2 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. This period can be extended by up to two months for complex requests, and the data subject shall be informed if such additional time is required.
3. 14.3 Where 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.

15. Erasure of Personal Data

15.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:

1. 15.1.1 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.
2. 15.1.2 The data subject wishes to withdraw their consent to the Company holding and processing their personal data.
3. 15.1.3 The data subject objects to the Company holding and processing their personal data, and there is no overriding legitimate interest allowing the Company to continue doing so (see Part 18 of this Policy for further details concerning the right to object).
4. 15.1.4 The personal data has been processed unlawfully.
5. 15.1.5 The personal data needs to be erased in order for the Company to comply with a particular legal obligation.

15. Erasure of Personal Data (continued)

15.2 Unless the Company has reasonable grounds to refuse a request for erasure, all such requests shall be complied with, and the data subject informed of the erasure, within one month of receipt of the request. This period may be extended by up to two further months where the request is complex. Where additional time is required, the data subject shall be informed accordingly.

15.3 Where personal data due for erasure in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure, unless doing so proves impossible or would involve disproportionate effort.

16. Restriction of Personal Data Processing

16.1 Data subjects may request that the Company ceases processing the personal data held about them. Where such a request is made, the Company shall retain only the minimum personal data necessary to ensure that no further processing takes place.

16.2 Where affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing, unless this proves impossible or would require disproportionate effort.

17. Data Portability

17.1 Where a data subject has consented to the Company processing their personal data in a particular manner, or where processing is otherwise necessary for the performance of a contract between the Company and the data subject, that data subject has the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes, including transmitting it to another data controller.

17.2 To facilitate the right to data portability, the Company shall make personal data available to data subjects in the following formats:

17.2.1 .docx, .xlsx, or other formats as may be developed.

17.3 Where technically feasible, and where requested by a data subject, personal data shall be sent directly to the relevant data controller.

17.4 All requests for copies of personal data shall be complied with within one month of receipt. This period may be extended by up to two further months in the case of complex or numerous requests, and the data subject shall be informed where this applies.

18. Objections to Personal Data Processing

18.1 Data subjects have the right to object to the Company processing their personal data where this is based on legitimate interests, or for direct marketing purposes (including profiling).

18.2 Where a data subject objects to processing based on the Company’s legitimate interests, the Company shall cease such processing immediately, unless it can demonstrate compelling legitimate grounds that override the data subject’s interests, rights and freedoms, or that the processing is necessary for the establishment, exercise or defence of legal claims.

18.3 Where a data subject objects to processing for direct marketing purposes, the Company shall cease such processing immediately.

19. Personal Data Collected, Held and Processed

The following categories of personal data are collected, held and processed by the Company. For details of retention periods, please refer to the Company’s Data Retention Policy.

20. Data Security — Transferring Personal Data and Communications

The Company ensures that the following measures are taken with respect to all communications and transfers involving personal data:

20.1 All emails containing personal data must be encrypted.

20.2 All backups containing personal data must be encrypted.

20.3 Personal data appearing in the body of an email, whether sent or received, should be copied out and stored securely.

20.4 Where personal data is sent by facsimile transmission, the recipient should be informed in advance and should be waiting at the fax machine to receive it.

20.5 Where personal data is transferred in hardcopy form, it should be passed directly to the recipient or sent using a Registered or Special Delivery service.

20.6 All personal data transferred physically, whether in hardcopy or on removable electronic media, shall be carried in a suitable container clearly marked “confidential”.

21. Data Security — Storage

The Company ensures that the following measures are taken with respect to the storage of personal data:

21.1 All electronic copies of personal data should be stored securely using passwords and AES 128 or stronger encryption.

21.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media, should be kept securely in a locked box, drawer, cabinet or similar.

21.3 All personal data stored electronically should be backed up weekly, with backups held onsite and/or offsite. All backups should be encrypted to at least AES 128.

21.4 No personal data should be stored on any mobile device, including laptops, tablets and smartphones, whether belonging to the Company or otherwise.

21.5 No personal data should be transferred to any device personally belonging to an employee. Personal data may only be transferred to devices belonging to agents, contractors or other parties working on behalf of the Company where that party has agreed to comply fully with this Policy and the GDPR, which may include demonstrating to the Company that suitable technical and organisational measures are in place.

22. Data Security — Disposal

Where personal data is to be erased or otherwise disposed of, including copies no longer needed, it should be securely deleted or destroyed. Further guidance is set out in the Company’s Data Retention Policy.

23. Data Security — Use of Personal Data

The Company ensures that the following measures are taken with respect to the use of personal data:

23.1 No personal data may be shared informally. Where an employee, agent, sub-contractor or other party working on behalf of the Company requires access to personal data they do not already hold, access must be formally requested from a director or the DPO.

23.2 No personal data may be transferred to any employee, agent, contractor or other party, whether working on behalf of the Company or not, without authorisation from a director or the DPO.

23.3 Personal data must be handled with care at all times and should never be left unattended or visible to unauthorised individuals.

23.4 Where personal data is displayed on a computer screen and the computer is to be left unattended, the user must lock the screen before leaving it.

23.5 Where personal data is used for marketing purposes, a director or the DPO is responsible for ensuring appropriate consent has been obtained and that no data subject has opted out, whether directly or via a third-party service such as the Telephone Preference Service.

24. Data Security — IT Security

The Company ensures that the following measures are taken with respect to IT and information security:

24.1 All passwords protecting personal data should be changed regularly and should not use words or phrases that can be easily guessed. All passwords must combine uppercase and lowercase letters, numbers and symbols, and Company software is configured to require this.

24.2 Passwords must never be written down or shared between employees, agents, contractors or other parties working on behalf of the Company, regardless of seniority or department. Forgotten passwords must be reset using the applicable method; IT staff do not have access to passwords.

24.3 All software, including applications and operating systems, must be kept up to date. IT staff are responsible for installing security-related updates as soon as reasonably practicable.

24.4 No software may be installed on any Company-owned computer or device without prior approval from the Head of IT.

25. Organisational Measures

The Company ensures that the following measures are taken with respect to the collection, holding and processing of personal data:

25.1 All employees, agents, contractors or other parties working on behalf of the Company are made fully aware of their individual responsibilities, and the Company’s responsibilities, under the GDPR and this Policy, and are provided with a copy of it.

25.2 Only those employees, agents, sub-contractors or other parties who need access to personal data in order to carry out their duties are given such access.

25.3 All individuals handling personal data on behalf of the Company are appropriately trained to do so.

25.4 All individuals handling personal data on behalf of the Company are appropriately supervised.

25.5 All individuals handling personal data are required and encouraged to exercise care, caution and discretion when discussing work-related matters involving personal data, whether in the workplace or otherwise.

25.6 Methods of collecting, holding and processing personal data are regularly evaluated and reviewed.

25.7 All personal data held by the Company is reviewed periodically, as set out in the Data Retention Policy.

25.8 The performance of individuals handling personal data on behalf of the Company is regularly evaluated and reviewed.

25.9 All individuals handling personal data on behalf of the Company are contractually bound to do so in accordance with the principles of the GDPR and this Policy.

25.10 Agents, contractors or other parties working on behalf of the Company must ensure that any of their own employees involved in processing personal data are held to the same standards as Company employees under this Policy and the GDPR.

25.11 Where an agent, contractor or other party working on behalf of the Company fails to meet their obligations under this Policy, that party shall indemnify and hold the Company harmless against any resulting costs, liability, damages, loss, claims or proceedings.

26. Transferring Personal Data to a Country Outside the EEA

26.1 The Company may, from time to time, transfer personal data (including making it available remotely) to countries outside the EEA.

26.2 Such transfers shall take place only where one or more of the following applies:

26.2.1 the transfer is to a country, territory or sector (or an international organisation) that the European Commission has determined ensures an adequate level of protection for personal data;

26.2.2 the transfer is to a country or organisation providing appropriate safeguards, such as a legally binding agreement between public authorities, binding corporate rules, standard data protection clauses adopted by the European Commission, compliance with an approved code of conduct, certification under an approved mechanism, or contractual clauses authorised by the competent supervisory authority (for example, the Information Commissioner’s Office);

26.2.3 the transfer is made with the informed consent of the relevant data subject;

26.2.4 the transfer is necessary for the performance of a contract between the data subject and the Company, or for pre-contractual steps taken at the data subject’s request;

26.2.5 the transfer is necessary for important reasons of public interest;

26.2.6 the transfer is necessary for the establishment, exercise or defence of legal claims;

26.2.7 the transfer is necessary to protect the vital interests of the data subject or others, where the data subject is physically or legally unable to give consent; or

26.2.8 the transfer is made from a public register intended, under UK or EU law, to provide information to the public or to those able to demonstrate a legitimate interest in accessing it.

27. Data Breach Notification

27.1 All personal data breaches must be reported immediately to the Company’s Data Protection Officer.

27.2 Where a personal data breach is likely to result in a risk to the rights and freedoms of data subjects, such as financial loss, breach of confidentiality, discrimination, reputational damage or other significant social or economic harm, the Data Protection Officer must ensure the Information Commissioner’s Office is informed without delay and, in any event, within 72 hours of the Company becoming aware of it.

27.3 Where a personal data breach is likely to result in a high risk (a higher risk than that described in clause 27.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed directly and without undue delay.

27.4 Data breach notifications shall include:

27.4.1 the categories and approximate number of data subjects concerned;

27.4.2 the categories and approximate number of personal data records concerned;

27.4.3 the name and contact details of the Company’s Data Protection Officer, or another contact point where further information can be obtained;

27.4.4 the likely consequences of the breach; and

27.4.5 details of the measures taken, or proposed, to address the breach, including where appropriate measures to mitigate its possible adverse effects.

28. Implementation of Policy

This Policy took effect on 16 March 2018. No part of it has retroactive effect; it applies only to matters occurring on or after this date.

This Policy has been approved and authorised by: