GDPR

Policy prepared by Stuart Bundock

Introduction

Fryer Cleaning & Maintenance Ltd needs to gather and use certain information about individuals.

These can include customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact.

This policy describes how this personal data must be collected, handled and stored to meet the company's data protection standards - and to comply with the General Data Protection Regulations.

Why this policy exists

This data protection policy ensures Fryer Cleaning & Maintenance Ltd:

Complies with data protection law and follow good practice

Protects the rights of staff, customers and partners

Is open about how it stores and processes individuals' data

Protects itself from the risks of data breach

Data protection law

The Data Protection Act 1998 describes how organisations - including Fryer Cleaning & Maintenance - must collect, handle and store personal information.

These rules apply regardless of whether data is stored electronically, on paper or on other materials.

To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.

The Data Protection Act is underpinned by eight important principles. These say that personal data must:

1. Be processed fairly and lawfully

2. Be obtained only for specific, lawful purposes.

3. Be adequate, relevant and not excessive

4. Be accurate and kept up to date

5. Not be held for any longer than necessary

6. Processed in accordance with the rights of data subjects.

7. Be protected in appropriate ways.

8. Not to be transferred outside the European Economic Area (EEA), unless that country or territory also ensures anadequate level of protection

People, risks and responsibilities

Policy Scope

This policy applies to:

The head office of Fryer Cleaning & Maintenance Ltd

All branches of Fryer Cleaning & Maintenance Ltd

All staff and volunteers of Fryer Cleaning & Maintenance Ltd

All contractors, suppliers and other people working on behalf of Fryer Cleaning & Maintenance Ltd

It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 1998. This can include:

Names of individuals

Postal addresses

Email addresses

Telephone numbers

...plus any other information relating to individuals

Data protection risks

This policy helps to protect Fryer Cleaning & Maintenance Ltd from some very real data security risks, including:

Breaches of confidentiality. For instance, the information being given out inappropriately.

Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.

Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

Responsibilities

Everyone who works for or with Fryer Cleaning & Maintenance Ltd has some responsibility for ensuring data is collected, stored and handled appropriately.

Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

However, these people have key areas of responsibility:

The board of directors is ultimately responsible for ensuring that Fryer Cleaning & Maintenance Ltd meets its legal obligations.

The data protection officer, Stuart Bundock, is responsible for:

* Keeping the board updated about data protection responsibilities, risks and issues.

* Reviewing all data protection procedures and related policies, in line with an agreed schedule.

* Arranging data protection training and advice for the people covered by this policy.

* Handling data protection questions from staff and anyone else covered by this policy.

* Dealing with a request from individuals to see the data Fryer Cleaning & Maintenance Ltd holds about them (also called 'subject access requests').

* Checking and approving any contracts or agreements with third parties that may handle the company's sensitive data.

The IT Manager, Stuart Bundock, is responsible for:

* Ensuring all systems, services and equipment used for storing data meet acceptable security standards.

* Performing regular checks and scans to ensure security hardware and the software is functioning properly.

* Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services.

The marketing manager, Stuart Bundock, is responsible for:

* Approving any data protection statements attached to communications such as emails and letters.

* Addressing any data protection queries from journalists or media outlets like newspapers.

* Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.

General staff guidelines

The only people able to access data covered by this policy should be those who need it for their work.

Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.

Fryer Cleaning & Maintenance Ltd will provide training to all employees to help them understand their responsibilities when handling data.

Employees should keep all data secure, by taking sensible precautions and following the guidelines below.

In particular, strong passwords must be used and they should never be shared.

Personal data should not be disclosed to unauthorised people, either within the company or externally.

Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.

Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection.

Data Storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.

When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.

These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

When not required, the paper or files should be kept in a locked drawer or filing cabinet.

Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.

Data printouts should be shredded and disposed of securely when no longer required.

When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:

Data should be protected by strong passwords that are changed regularly and never shared among employees.

If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.

Data should only be stored on designated drives and servers, and should only be uploaded to approved cloud computing services.

Servers containing personal data should be sited in a secure location, away from general office space.

Data should be backed up frequently. Those backups should be tested regularly, in line with the company's standard backup procedures.

Data should never be saved directly to laptops or other mobile devices like tablets or smartphones.

All servers and computers containing data should be protected by approved security software and a firewall.

Data use

Personal data is of no value to Fryer Cleaning & Maintenance Ltd unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:

When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.

Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.

Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.

Personal data should never be transferred outside of the European Economic Area.

Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.

Data accuracy

The law requires Fryer Cleaning & Maintenance Ltd to take reasonable steps to ensure data is kept accurate and up to date.

The more important it is that the personal data is accurate, the greater the effort Fryer Cleaning & Maintenance Ltd should put into ensuring its accuracy.

It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

Data will be held in a few places as necessary. Staff should not create any unnecessary additional data sets.

Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer's details when they call.

Fryer Cleaning & Maintenance Ltd will make it easy for data subjects to update the information Fryer Cleaning & Maintenance holds about them. For instance, via the company website.

Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.

It is the marketing manager's responsibility to ensure marketing databases are checked against industry suppression files every six months.

Subject access requests

All individuals who are the subject of personal data held by Fryer Cleaning & Maintenance Ltd are entitled to:

Ask what information the company holds about them and why.

Ask how to gain access to it.

Be informed how to keep it up to date.

Be informed how the company is meeting its data protection obligations.

If an individual contacts the company requesting this information, this is called a subject access request.

Subject access requests from individuals should be made by email, addressed to the data controller at info@fryergroup.co.uk

Individuals will be charged £10.00 per subject access request. The data controller will aim to provide the relevant data within 14 days.

The data controller will always verify the identity of anyone making a subject access request before handing over any information.

Disclosing data for other reasons

In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.

Under these circumstances, Fryer Cleaning & Maintenance Ltd will disclose, requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company's legal advisers where necessary.

Providing information

Fryer Cleaning & Maintenance Ltd aims to ensure that individuals are aware that their data is being processed and that they understand.

How the data is being used

How to exercise their rights

To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.

This is available on request.

What is the purpose of this document?

Fryer Cleaning & Maintenance Ltd is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulations (GDPR).

It applies to all employees, workers and contractors.

Fryer Cleaning & Maintenance Ltd is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contracts to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

1.Used lawfully, fairly and in a transparent way.

2.Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

3.Relevant to the purposes we have told you about and limited only to those purposes.

4.Accurate and kept up to date.

5.Kept only as long as necessary for the purposes we have told you about.

6.Kept securely.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation.

We will collect, store and use the following categories of personal information about you:

Personal contact details such as name, title, addresses, telephone numbers and personal email addresses.

Date of birth.

Gender.

Marital status and dependents.

Next of kin and emergency contact information.

National Insurance number.

Bank account details, payroll records and tax status information.

Salary, annual leave, pension and benefits information.

Start date and, if different, the date of your continuous employment.

Leaving date and your reason for leaving.

Location of employment or workplace.

Copy of driving licence.

Recruitment information (including copies of the right to work documentation, references and other information in a CV or cover letter or as part of the application process).

Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).

Compensation history.

Performance information.

Disciplinary and grievance information.

CCTV footage and other information obtained through electronic means such as swipe card records.

Information about your use of our information and communication systems.

Photographs.

Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.

We may also collect, store and use the following “special categories” of more sensitive personal information:

Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.

Trade union membership.

Information about your health, including any medical condition, health and sickness records, including:

where you leave employment and under any shared plan operated by a group company the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision;

details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and

where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.

Information about criminal convictions and offences.

How is your personal information collected?

We collect personal information about employees, workers and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

We may also collect personal information from the trustees or managers of pension arrangements operated by a group company.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

Where we need to perform the contract we have entered into with you.

Where we need to comply with a legal obligation.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

Where we need to protect your interests (or someone else's interests).

Where it is needed in the public interest (or for official purposes).

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you [*]and to enable us to comply with the legal obligations [**]. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties [***}, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. We have indicated by [asterisks] the purpose or purposes for which we are processing or will process your personal information, as well as indicating which categories of data are involved.

Making a decision about your recruitment or appointment.

Determining the terms on which you work for us.

Checking you are legally entitled to work in the UK.

Paying you and if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).

Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.

Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits.

Administering the contract we have entered into with you.

Business management and planning, including accounting and auditing.

Conducting performance reviews, managing performance and determining performance requirements.

Making decisions about salary reviews.

Assessing qualifications for a particular job or task, including decisions about promotions.

Gathering evidence for possible grievance or disciplinary hearings.

Making decisions about your continued employment or engagement.

Making arrangements for the termination of our working relationship.

Education, training and development requirements.

Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.

Ascertaining your fitness to work.

Managing sickness absence.

Complying with health and safety obligations.

To prevent fraud.

To monitor your use of our information and communication systems to ensure compliance with our IT policies.

To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.

Equal opportunities monitoring.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Change of purpose

We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

In limited circumstances, with your explicit written consent.

Where we need to carry out our legal obligations or exercise rights in connection with employment.

Where it is needed in the public interest, such as for equal opportunities monitoring (or in relation to our occupational pension scheme).

Less commonly we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public. (We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards).

Our obligations as an employer

We will use your particularly sensitive personal information in the following ways:

We will use information relating to leaves of absence, which may include sickness absences or family related leaves, to comply with employment and other laws.

We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance.

We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sex life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly, we may use information relating to criminal convictions where it is necessary for relation to legal claims, where it is necessary to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.

We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

We envisage that we will hold information about criminal convictions.

We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working with us.

Data Sharing

We may have to share your data with third parties, including third-party service providers and other entities in the group.

We require third parties to respect the security of your data and to treat it in accordance with the law.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration, IT services.

We will share personal data regarding your participation in any pension arrangement operated by a group company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements.

How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

When might you share my personal information with other entities in the group?

We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and host of data.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC and disclosures to shareholders such as directors' remuneration reporting requirements.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Stuart Bundock.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

Rights of access, correction, erasure and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law, you have the right to:

Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing.

Object to a processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.

Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Stuart Bundock in writing.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Stuart Bundock. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data protection officer

We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact head office on 01622 744111.