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Data Protection and Privacy Policy

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1.      Introduction

GR Care Consultancy Ltd, herein termed as the Company, are committed to being transparent about how we collect and use the personal data of our customers, newsletter signups and those that enquire about our products and services.

This policy sets out our commitment to data privacy, and individual rights and obligations in relation to personal data and the steps the company is taking to ensure compliance with the relevant legislation.

2.      Data Protection Officer/Person with Responsibility

The Company does not performs large scale monitoring and/or processes large volumes of sensitive data, as such under the GDPR, the Company is not required appointed a Data Protection Officer.

The Company has therefore appointed Adam Farral (Business Development Manager) as the person with responsibility for data protection compliance within the Company.  They can be contacted should you have any questions about this policy, or requests for further information.

3.      Principles Relating to Processing of Personal Data

The Company will process personal data in accordance with the fundamental principles of the GDPR, as follows:

  • Personal data shall be:
  • processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
  • 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, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
  • adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
  • accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
  • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are 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 in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
  • 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 (‘integrity and confidentiality’).
  • The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

 

4.      Lawfulness of Processing

There are six available reasons for which the lawfulness of a specific case of processing of personal data may be established under the GDPR. It is the Companies policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation. The options are described in brief in the following sections.

4.1.   Consent

Unless it is necessary for a reason allowable in the GDPR, The Company will always obtain explicit consent from a data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific EU member states) parental consent will be obtained. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.

If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.

4.2.   Performance of a Contract

Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.

4.3.   Legal Obligation

If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.

4.4.   Vital Interests of the Data Subject

In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. The Company will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, this may be used in aspects of social care, particularly in the public sector.

4.5.   Task Carried Out in the Public Interest

Where The Company needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.

4.6.   Legitimate Interests

If the processing of specific personal data is in the legitimate interests of The Company and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.

We uphold the personal data rights that individuals have, as outlined in the GDPR with associated timescales for action:

Data Subject Request

Timescale

The right to be informed

When data is collected (if supplied by data subject) or within one month (if not supplied by data subject)

The right of access

One month

The right to rectification

One month

The right to erasure

Without undue delay

The right to restrict processing

Without undue delay

The right to data portability

One month

The right to object

On receipt of objection

Rights in relation to automated decision making and profiling.

Not specified

 

5.      Privacy by Design

The Company has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.

 

The data protection impact assessment will include:

 

  • Consideration of how personal data will be processed and for what purposes
  • Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
  • Assessment of the risks to individuals in processing the personal data
  • What controls are necessary to address the identified risks and demonstrate compliance with legislation

 

Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.

6.      Contracts Involving the Processing of Personal Data

The Company will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR.

7.      International Transfers of Personal Data

Transfers of personal data outside the European Union will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.

8.      Breach Notification

It is our policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours.

Under the GDPR the relevant DPA has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is the higher, for infringements of the regulations.

9.  Addressing Compliance to the GDPR

The following actions are undertaken to ensure that The Company complies at all times with the accountability principle of the GDPR:

  • The legal basis for processing personal data is clear and unambiguous
  • A Data Protection Officer is appointed with specific responsibility for data protection in the organisation (if required)
  • All staff involved in handling personal data understand their responsibilities for following good data protection practice
  • Training in data protection has been provided to all staff
  • Rules regarding consent are followed
  • Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
  • Regular reviews of procedures involving personal data are carried out
  • Privacy by design is adopted for all new or changed systems and processes
  • The following documentation of processing activities is recorded:
    • Organisation name and relevant details
    • Purposes of the personal data processing
    • Categories of individuals and personal data processed
    • Categories of personal data recipients
    • Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place
    • Personal data retention schedules
    • Relevant technical and organisational controls in place

These actions are reviewed on a regular basis as part of the management process concerned with data protection.