This Policy sets out the obligations of the Company. IP Jones Fencing Contracts Ltd will normally be registered in England and or Wales. The Company’s registration number is 03986044 which will be be registered to IP Jones Fencing Contracts Ltd at their registered offices at Yew Tree Farm, Preston Road, Charnock Richard, Chorley, Lancashire, PR7 5LE regarding data protection and the rights of its employees (in this context, “employee data subjects”) in respect of their personal data under EU Regulation 2016/679 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data relating to employee data subjects. 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.
IP Jones Fencing Contracts Ltd is committed not only to the letter of the law, but also to the spirit of the law 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.
1. 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:
1.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
1.2 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 incompatible with the initial purposes.
1.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
1.4 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.
1.5 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 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 GDPR in order to safeguard the rights and freedoms of the data subject.
1.6 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.
2. 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):
2.1 The right to be informed (Part 12).
2.2 The right of access (Part 13);
2.3 The right to rectification (Part 14);
2.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
2.5 The right to restrict processing (Part 16);
2.6 The right to data portability (Part 17);
2.7 The right to object (Part 18); and
2.8 Rights with respect to automated decision-making and profiling (Parts 19 and 20).
3. Lawful, Fair, And Transparent Data Processing
3.1 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:
3.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes;
3.1.2 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;
3.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;
3.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person;
3.1.5 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; or
3.2 If the personal data in question is “special category data” (also known as “sensitive personal data” (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health or sexual orientation), at least one of the following conditions must be met:
3.2.1 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);
3.2.2 The processing relates to personal data which is clearly made public by the data subject;
3.2.3 The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
3.2.4 The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State 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;
3.2.5 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 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.
4. Specified, Explicit, And Legitimate Purposes
4.1 IP Jones Fencing Contracts Ltd collects and processes the personal data set out in Parts 21 to 25 of this Policy. This includes:
4.1.1 Personal data collected directly from employee data subjects;
4.1.2 Personal data obtained from third parties.
4.2 The specific purposes for which collects, processes, and holds such personal data are set out in Parts 21 to 25 of this Policy (or for other purposes expressly permitted by the GDPR).
4.3 Employee data subjects are kept informed always of the purpose or purposes for which IP Jones Fencing Contracts Ltd uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.
5. Adequate, Relevant, And Limited Data Processing
IP Jones Fencing Contracts Ltd will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which employee data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Parts 21 to 25, below.
6. Accuracy Of Data And Keeping Data Up-To-Date
6.1 IP Jones Fencing Contracts Ltd 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 an employee data subject, as set out in Part 14, below.
6.2 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.
7. Data Retention
7.1 IP Jones Fencing Contracts Ltd shall not keep personal data for any longer than is necessary considering the purpose or purposes for which that personal data was originally collected, held, and processed.
7.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
7.3 For full details of IP Jones Fencing Contracts Ltd approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
8. Secure Processing
IP Jones Fencing Contracts Ltd 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 26 to 31 of this Policy.
9. Accountability And Record-Keeping
9.1 IP Jones Fencing Contracts Ltd Data Protection Officer or Point of Contact Ian Jones.
9.2 The Data Protection Officer or Point of Contact shall be responsible, working together with IP Jones Fencing Contracts Ltd for overseeing the implementation of this Policy and for monitoring compliance with this Policy, IP Jones Fencing Contracts Ltd other employment and data protection-related policies, and with the GDPR and other applicable data protection legislation.
9.3 IP Jones Fencing Contracts Ltd shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
9.3.1 The name and details of the Company, its Data Protection Officer or Point of Contact and any applicable third-party data processors;
9.3.2 The purposes for which IP Jones Fencing Contracts Ltd collects, holds, and processes personal data;
9.3.3 Details of the categories of personal data collected, held, and processed by the Company, and the categories of employee data subject to which that personal data relates;
10. Data Protection Impact Assessments
10.1 IP Jones Fencing Contracts Ltd 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 the processing involved is likely to result in a high risk to the rights and freedoms of employee data subjects under the GDPR.
10.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer or Point of Contact and shall address the following:
10.2.1 The type(s) of personal data that will be collected, held, and processed;
10.2.2 The purpose(s) for which personal data is to be used;
10.2.3 IP Jones Fencing Contracts Ltd objectives;
10.2.4 How personal data is to be used;
10.2.5 The parties (internal and/or external) who are to be consulted;
10.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
10.2.7 Risks posed to employee data subjects;
10.2.8 Risks posed both within and to the Company; and
10.2.9 Proposed measures to minimise and handle identified risks.
11. Keeping Data Subjects Informed
11.1 IP Jones Fencing Contracts Ltd shall provide the information set out in Part 12.2 to every employee data subject:
11.1.1 Where personal data is collected directly from employee data subjects, those employee data subjects will be informed of its purpose at the time of collection; and
11.1.2 Where personal data is obtained from a third party, the relevant employee data subjects will be informed of its purpose:
a) if the personal data is used to communicate with the employee data subject, when the first communication is made; or
b) if the personal data is to be transferred to another party, before that transfer is made; or
c) as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
11.2 The following information shall be provided:
11.2.1 Details of IP Jones Fencing Contracts Ltd including, but not limited to, the identity of its Data Protection Officer or Point of Contact is Ian Jones.
11.2.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in Parts 21 to 25 of this Policy) and the legal basis justifying that collection and processing;
11.2.3 Where applicable, the legitimate interests upon which IP Jones Fencing Contracts Ltd is justifying its collection and processing of the personal data;
11.2.4 Where the personal data is not obtained directly from the employee data subject, the categories of personal data collected and processed;
11.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties;
11.2.6 Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 32 of this Policy for further details);
11.2.7 Details of data retention;
11.2.8 Details of the employee data subject’s rights under the GDPR;
11.2.9 Details of the employee data subject’s right to withdraw their consent to IP Jones Fencing Contracts Ltd processing of their personal data;
11.2.10 Details of the employee data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);
11.2.11 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; and
11.2.12 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.
12. Data Subject Access
12.1 Employee data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which IP Jones Fencing Contracts Ltd holds about them, what it is doing with that personal data, and why.
12.2 Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to IP Jones Fencing Contracts Ltd Data Protection Officer or Point of Contact.
12.3 Responses to SARs shall normally be made within 28 days of receipt, however this may beextended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the employee data subject shall be informed.
12.4 All SARs received shall be handled by IP Jones Fencing Contracts Ltd Data Protection Officer or Point of Contact.
12.5 IP Jones Fencing Contracts Ltd does not charge a fee for the handling of normal SARs. IP Jones Fencing Contracts Ltd reserves the right to charge reasonable fees for additional copies of information that has already been supplied to an employee data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
13. Rectification Of Personal Data
13.1 Employee data subjects have the right to require IP Jones Fencing Contracts Ltd to rectify any of their personal data that is inaccurate or incomplete.
13.2 IP Jones Fencing Contracts Ltd shall rectify the personal data in question, and inform the employee data subject of that rectification, within one month of the employee data subject informing IP Jones Fencing Contracts Ltd 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 employee data subject shall be informed.
13.3 If 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.
14. Erasure Of Personal Data
14.1 Employee data subjects have the right to request that IP Jones Fencing Contracts Ltd erases the personal data it holds about them in the following circumstances:
14.1.1 It is no longer necessary for IP Jones Fencing Contracts Ltd to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
14.1.2 The employee data subject wishes to withdraw their consent to the Company holding and processing their personal data;
14.1.3 The employee data subject objects to IP Jones Fencing Contracts Ltd holding and processing their personal data (and there is no overriding legitimate interest to allow IP Jones Fencing Contracts Ltd to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);
14.1.4 The personal data has been processed unlawfully;
14.1.5 The personal data needs to be erased in order for IP Jones Fencing Contracts Ltd to comply with a particular legal obligation;
14.1.6 The personal data is being held and processed for the purpose of providing information society services to a child.
14.2 Unless IP Jones Fencing Contracts Ltd has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the employee data subject informed of the erasure, within 28 days of receipt of the employee 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 employee data subject shall be informed.
14.3 If any personal data that is to be erased in response to an employee 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).
15. Restriction Of Personal Data Processing
15.1 Employee data subjects may request that IP Jones Fencing Contracts Ltd ceases processing the personal data it holds about them. If an employee data subject makes such a request, IP Jones Fencing Contracts Ltd 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.
15.2 If 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).
15 Data Portability
16.1 IP Jones Fencing Contracts Ltd processes personal data relating to employees using automated means.
16.2 Where employee data subjects have given their consent to IP Jones Fencing Contracts Ltd to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between IP Jones Fencing Contracts Ltd and the employee data subject, employee data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
16.3 To facilitate the right of data portability, IP Jones Fencing Contracts Ltd shall make available all applicable personal data to employee data subjects.
16.4 Where technically feasible, if requested by an employee data subject, personal data shall be sent directly to the required data controller.
16.5 All requests for copies of personal data shall be complied with within 28 days of the employee data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the employee data subject shall be informed.
16 Objections To Personal Data Processing
16.1 Employee data subjects have the right to object to IP Jones Fencing Contracts Ltd processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
16.2 Where an employee data subject objects to IP Jones Fencing Contracts Ltd processing their personal data based on its legitimate interests, IP Jones Fencing Contracts Ltd shall cease such processing immediately, unless it can be demonstrated that IP Jones Fencing Contracts Ltd legitimate grounds for such processing override the employee data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
16.3 Where an employee data subject objects to IP Jones Fencing Contracts Ltd processing their personal data for direct marketing purposes, IP Jones Fencing Contracts Ltd shall cease such processing immediately.
16.4 Where an employee data subject objects to IP Jones Fencing Contracts Ltd processing their personal data for scientific and/or historical research and statistics purposes, the employee data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. IP Jones Fencing Contracts Ltd is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
17 Automated Decision-Making
If IP Jones Fencing Contracts Ltd uses personal data in automated decision-making processes with respect to its employees.
17.1 Where such decisions have a legal (or similarly significant effect) on employee data subjects, those employee data subjects have the right to challenge to such decisions under the GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.
17.2 The right described in Part 19.2 does not apply in the following circumstances:
17.2.1 The decision is necessary for the entry into, or performance of, a contract between IP Jones Fencing Contracts Ltd and the employee data subject;
17.2.2 The decision is authorised by law; or
17.2.3 The employee data subject has given their explicit consent.
18 Profiling
If IP Jones Fencing Contracts Ltd uses personal data for profiling purposes with respect to its employees
18.1 When personal data is used for profiling purposes, the following shall apply:
18.1.1. Clear information explaining the profiling shall be provided to employee data subjects, including the significance and likely consequences of the profiling;
18.1.2 Appropriate mathematical or statistical procedures shall be used;
18.1.3 Technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable them to be easily corrected; and
18.1.4 All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 26 to 30 of this Policy for more details on data security).
19 Personal Data
IP Jones Fencing Contracts Ltd holds personal data that is directly relevant to its employees. That personal data shall be collected, held, and processed in accordance with employee data subjects’ rights and IP Jones Fencing Contracts Ltd obligations under the GDPR and with this Policy. IP Jones Fencing Contracts Ltd may collect, hold, and process the personal data detailed in Parts 21 to 25 of this Policy:
19.1 Identification information relating to employees:
19.1.1 Name;
19.1.2 Contact Details;
19.2 Equal opportunities monitoring information (such information shall be anonymised where possible):
19.2.1 Age;
19.2.2 Gender;
19.2.3 Ethnicity;
19.2.4 Nationality;
19.2.5 Religion;
19.3 Health records (Please refer to Part 22, below, for further information):
19.3.1 Details of sick leave;
19.3.2 Medical conditions;
19.3.3. Disabilities;
19.3.4 Prescribed medication;
19.4 Employment records:
19.4.1 Interview notes;
19.4.2 CVs, application forms, covering letters, and similar documents;
19.4.3 Assessments, performance reviews, and similar documents;
19.4.4 Details of remuneration including salaries, pay increases, bonuses, commission, overtime, benefits, and expenses;
19.4.5 Details of trade union membership (where applicable) (please refer to Part 24, below, for further information);
19.4.6 Employee monitoring information (please refer to Part 25, below, for further information);
19.4.7 Records of disciplinary matters including reports and warnings, both formal and informal;
19.4.8 Details of grievances including documentary evidence, notes from interviews, procedures followed, and outcomes;
20 Health Records
20.1 IP Jones Fencing Contracts Ltd holds health records on all employee data subjects which are used to assess the health, wellbeing, and welfare of employees and to highlight any issues which may require further investigation. IP Jones Fencing Contracts Ltd places a high priority on maintaining health and safety in the workplace, on promoting equal opportunities, and on preventing discrimination on the grounds of disability or other medical conditions. In most cases, health data on employees falls within the GDPR’s definition of special category data (see Part 4 of this Policy for a definition). All data relating to employee data subjects’ health, therefore, will be collected, held, and processed strictly in accordance with the conditions for processing special category personal data, as set out in Part 4 of this Policy. No special category personal data will be collected, held, or processed without the relevant employee data subject’s express consent.
20.2 Health records shall be accessible and shall not be revealed to other employees, agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd without the express consent of the employee data subject(s) to whom such data relates, except in exceptional circumstances where the wellbeing of the employee data subject(s) is at stake and such circumstances satisfy one or more of the conditions set out in Part 4.2 of this Policy.
20.3 Health records will only be collected, held, and processed to the extent required to ensure that employees are able to perform their work correctly, legally, safely, and without unlawful or unfair impediments or discrimination.
20.4 Employee data subjects have the right to request that IP Jones Fencing Contracts Ltd does not keep health records about them. All such requests must be made in writing and addressed to the Company.
21 Benefits
21.1 In cases where employee data subjects are enrolled in benefit schemes which are provided by the Company, it may be necessary from time to time for third party organisations to collect personal data from relevant employee data subjects.
21.2 Prior to the collection of such data, employee data subjects will be fully informed of the personal data that is to be collected, the reasons for its collection, and the way(s) in which it will be processed, as per the information requirements set out in Part 12 of this Policy.
22 Trade Unions
22.1 IP Jones Fencing Contracts Ltd will provide the following personal data concerning relevant employee data subjects to bona fide trade unions where those unions are recognised by the Company. In most cases, information about an individual’s trade union membership falls within the GDPR’s definition of special category data (see Part 4 of this Policy for a definition). Any and all data relating to employee data subjects’ trade union membership, therefore, will be collected, held, and processed strictly in accordance with the conditions for processing special category personal data, as set out in Part 4 of this Policy. No special category personal data will be collected, held, or processed without the relevant employee data subject’s express consent. The following data will be collected and supplied:
22.1.1 Name;
22.1.2 Job description;
23 Employee Monitoring
23.1 IP Jones Fencing Contracts Ltd may from time to time monitor the activities of employee data subjects. Such monitoring may include, but will not necessarily be limited to, internet and email monitoring. In the event that monitoring of any kind is to take place (unless exceptional circumstances, such as the investigation of criminal activity or a matter of equal severity, justify covert monitoring), employee data subjects will be informed of the exact nature of the monitoring in advance.
23.2 Monitoring should not (unless exceptional circumstances justify it, as above) interfere with an employee’s normal duties.
23.3 Monitoring will only take place if IP Jones Fencing Contracts Ltd considers that it is necessary to achieve the benefit it is intended to achieve. Personal data collected during any such monitoring will only be collected, held, and processed for reasons directly related to (and necessary for) achieving the intended result and, at all times, in accordance with employee data subjects’ rights and IP Jones Fencing Contracts Ltd obligations under the GDPR.
23.4 IP Jones Fencing Contracts Ltd shall ensure that there is no unnecessary intrusion upon employee data subjects’ personal communications or activities, and under no circumstances will monitoring take place outside of an employee data subject’s normal place of work or work hours, unless the employee data subject in question is using Company equipment or other facilities including, but not limited to, Company email, IP Jones Fencing Contracts Ltd intranet, or a virtual private network (“VPN”) service provided by IP Jones Fencing Contracts Ltd for employee use.
24 Data Security – Transferring Personal Data And Communications
IP Jones Fencing Contracts Ltd shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data (including, but not limited to, personal data relating to employees):
24.1 All emails containing personal data must be encrypted please check with your IT department or External Support for this information.
24.2 All emails containing personal data must be marked “confidential”;
24.3 Personal data may be transmitted over secure networks only; transmission over unsecured network is not permitted in any circumstances;
24.4 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
24.5 Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted.
24.6 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;
24.7 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient.
24.8 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
25 Data Security – Storage
IP Jones Fencing Contracts Ltd shall ensure that the following measures are taken with respect to the storage of personal data (including, but not limited to, personal data relating to employees):
25.1 All electronic copies of personal data should be stored securely using passwords.
25.2 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;
25.3 All personal data stored electronically should be backed up with backups stored onsite and/or offsite. All backups should be encrypted.
25.4 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to IP Jones Fencing Contracts Ltd or otherwise without the formal written approval of Ian Jones 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; and
25.5 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 IP Jones Fencing Contracts Ltd where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to IP Jones Fencing Contracts Ltd that all suitable technical and organisational measures have been taken).
26 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. For further information on the deletion and disposal of personal data, please refer to IP Jones Fencing Contracts Ltd Data Retention Policy.
27 Data Security – Use Of Personal Data
IP Jones Fencing Contracts Ltd shall ensure that the following measures are taken with respect to the use of personal data:
27.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of IP Jones Fencing Contracts Ltd requires access to any personal data that they do not already have access to, such access should be formally requested from Ian Jones.
27.2 No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of IP Jones Fencing Contracts Ltd or not without the authorisation of Ian Jones.
27.3 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
27.4 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period, the user must lock the computer and screen before leaving it; and
27.5 Where personal data held by IP Jones Fencing Contracts Ltd is used for marketing purposes, it shall be the responsibility of Ian Jones to ensure that the appropriate consent is obtained and that no employee data subjects have opted out, whether directly or via a third-party service such as the TPS.
28 Data Security – It Security
IP Jones Fencing Contracts Ltd shall ensure that the following measures are taken with respect to IT and information security:
28.1 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 contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by IP Jones Fencing Contracts Ltd is designed to require such passwords.;
28.2 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;
28.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to date. IP Jones Fencing Contracts Ltd IT staff shall be responsible for installing any and all security related updates are made available by the publisher or manufacturer or as soon as reasonably and practically possible, unless there are valid technical reasons not to do.
28.4 No software may be installed on any Company-owned computer or device without the prior approval from a Director.
29 Organisational Measures
IP Jones Fencing Contracts Ltd shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
29.1 All employees, agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd shall be made fully aware of both their individual responsibilities and IP Jones Fencing Contracts Ltd responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;
29.2 Only employees, agents, sub-contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd 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;
29.3 All employees, agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd handling personal data will be appropriately trained to do so;
29.4 All employees, agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd handling personal data will be appropriately supervised;
29.5 All employees, agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd 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;
29.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
29.7 All personal data held by IP Jones Fencing Contracts Ltd shall be reviewed periodically, as set out in IP Jones Fencing Contracts Ltd Data Retention Policy;
29.8 The performance of those employees, agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd handling personal data shall be regularly evaluated and reviewed;
29.9 All employees, agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
29.10 All agents, contractors, or other parties working on behalf of IP Jones Fencing Contracts Ltd handling personal data must ensure that all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of IP Jones Fencing Contracts Ltd arising out of this Policy and the GDPR; and
29.11 Where any agent, contractor or other party working on behalf of IP Jones Fencing Contracts Ltd handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless IP Jones Fencing Contracts Ltd against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
30 Data Breach Notification
30.1 All personal data breaches must be reported immediately to IP Jones Fencing Contracts Ltd Data Protection Officer or Point of Contact.
30.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of employee 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.
30.3 If a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of employee data subjects, the Data Protection Officer must ensure that all affected employee data subjects are informed of the breach directly and without undue delay.
30.4 Data breach notifications shall include the following information:
30.4.1 The categories and approximate number of employee data subjects concerned;
30.4.2 The categories and approximate number of personal data records concerned;
30.4.3 The name and contact details of IP Jones Fencing Contracts Ltd data protection officer (or other contact point where more information can be obtained);
30.4.4 The likely consequences of the breach;
30.4.5 Details of the measures taken, or proposed to be taken, by IP Jones Fencing Contracts Ltd to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
31 Implementation Of Policy
This Policy shall be deemed effective as of the 25th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
