For the purpose of the relevant data protection legislation, the “controller” (or “data controller”) is EMC Design Ltd of Units 1-2 Highfield Court, Highfield Road, Oakley, Bedfordshire, MK43 7TA. Questions, comments and requests regarding this Policy are welcomed and should be addressed to firstname.lastname@example.org
We may have to collect and use information about people with whom we work, for example clients, suppliers and those who subscribe to our blog. This personal information will be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means.
We regard the lawful and correct treatment of personal information as very important to our successful operation and to maintaining confidence between us and those with whom we carry out business. We will ensure that we treat personal information lawfully and correctly.
To this end we fully endorse and adhere to the principles of the General Data Protection Regulation (GDPR).
This policy applies to the processing of personal data in manual and electronic records kept by us in connection with our business as described below. It also covers our response to any data breach and other rights under the GDPR.
This policy applies to the personal data of client, suppliers, job applicants, self-employed contractors, blog subscribers and website users. These are referred to in this policy as relevant individuals.
“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.
“Special categories of personal data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).
“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.
“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
DATA PROTECTION PRINCIPLES
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
a) processing will be fair, lawful and transparent
b) data be collected for specific, explicit, and legitimate purposes
c) data collected will be adequate, relevant and limited to what is necessary for the purposes of processing
d) data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
e) data is not kept for longer than is necessary for its given purpose
f) data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
g) we will comply with the relevant GDPR procedures for international transferring of personal data
TYPES OF PERSONAL DATA HELD
If you are a client or supplier we may collect and store your:
Name, Email, Title, Position, Company, Company website, Company/Trading Address, Phone Number, Mobile Number (if applicable). For the purposes of providing you with the best service we also retain email correspondence between us related to individual projects, services and agreements, and any other business related matter.
HOW WE OBTAIN INFORMATION
We obtain this information by the following means: personal contact with you, by email, letter or telephone. If you are an artist your agent may have sent us your details.
We collect your email address if you have signed up to our blog (on emcdesign.org.uk). We also use a third-party data processor BookMachine to find business prospects where there may be mutual benefits of being in contact with you. We may also use other legitimate sources such as LinkedIn and other social networks to prospect for business.
If you are a job applicant, in addition to you supplying us with your details we may ask you to complete our application form (which asks for certain personal data such as your name) so that we know who you are and how your skills will meet our job requirements.
If we need to process your personal data for a reason which is not outlined below, we shall contact you in order to obtain your prior consent for such use.
We may use your data in the following ways:
- to provide you with our professional services;
- to manage our professional relationship with you;
- to contact you regarding other services that we think may be of interest to you based on our knowledge of your business;
- to contract you to supply services to us or our clients;
- to offer employment opportunities to you (if you are applying to one of our vacancies).
We also collect technical information (through cookies and Google Analytics) about you when you visit our site in order to help us monitor and improve how our site performs. This information includes the IP address of the computer used to connect to our site, browser type and version, time zone setting, operating system and platform.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use Google Analytics cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to visitors needs. We only use this information for statistical analysis purposes.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We also use WordPress and by virtue of this and the plugins we use (which are GDPR compliant) we collect the following user data:
- user registrations,
- contact form entries,
- analytics and traffic log solutions,
- any other logging tools and plugins,
- security tools and plugins.
LINKS TO OTHER WEBSITES
Our website (and blog) may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You have the following rights in relation to the personal data we hold on you:
a) the right to be informed about the data we hold on you and what we do with it;
b) the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”;
c) the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
d) the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
e) the right to restrict the processing of the data;
f) the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
g) the right to object to the inclusion of any information;
h) the right to regulate any automated decision-making and profiling of personal data.
In order to protect the personal data of relevant individuals, those within our business who must process data as part of their role have been made aware of our policies on data protection.
We have also appointed employees with responsibility for reviewing and auditing our data protection systems.
LAWFUL BASES OF PROCESSING
We acknowledge that processing may be only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity.
Where no other lawful basis applies, we may seek to rely on the data subject’s consent in order to process data.
However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis where appropriate. Data subject’s will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.
ACCESS TO DATA
As stated above, data subject’s have a right to access the personal data that we hold on them. To exercise this right, you should make a Subject Access Request by emailing email@example.com. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit.
No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request. In these circumstances, a reasonable charge will be applied.
Further information on making a subject access request is contained in our Subject Access Request policy, please contact us for further information.
We reserve the right to disclose or share your personal data in order to comply with any legal obligations, enforce our terms of business, or any other agreement we enter into with you, or to protect the rights, property, or safety of our business and other clients. This disclosure or sharing might include exchanging information with other companies and organisations for the purpose to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders or to assess or collect any tax or duty. These kinds of disclosures will only be made when strictly necessary for the purpose.
Employees are aware of their roles and responsibilities when their role involves the processing and handling of data. And we take confidentiality of data very seriously.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us; any transmission is at your own risk. Once we have received your information, we will use strict safeguarding procedures and security features to try to prevent any unauthorised access to your personal data.
THIRD PARTY PROCESSING
Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Company’s commitment to protecting data and that they too are GDPR compliant.
INTERNATIONAL DATA TRANSFERS
We use the latest software to help us run our business. Some of these tools use servers to host our data in countries that fall outside of the European Economic Area. These countries are America, Ireland, Germany and New Zealand and the reason for sharing with these countries is to store information about the running of the business, for example our accounts and contact details with suppliers and clients.
We have ensured, by way of addendum’s to our contracts, that these companies that we have transferred the data to process it in a way required by EU and UK data protection laws and have secure data processing policies as guided by the European Commission.
REQUIREMENT TO NOTIFY BREACHES
All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.
More information on breach notification is available in our Breach Notification policy, please contact firstname.lastname@example.org.
The Company keeps records of its processing activities including the purpose for the processing and retention periods in its Data Audit Record. These records will be kept up to date so that they reflect current processing activities.
DATA PROTECTION COMPLIANCE
Our appointed compliance officer in respect of our data protection activities is:
Sophie O’Rourke email@example.com