GDPR – Data Protection Policy

• “consent” means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them;
• “data controller” means the person which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller of all personal data used in our business for our commercial purposes;
• “data processor” means the person which processes personal data;
• “data subject” means a living, identified, or identifiable person about whom the Company holds personal data;
• “personal data” means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, 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 data subject;
• “personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed;
• “processing” means any operation or set of operations performed on personal data or 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;
• “special category personal data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data.

The Company 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.

The Company’s Data Protection Officer is the Managing Director. The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.

All Managers are responsible for ensuring that all employees, contractors, or other parties working on behalf of the Company comply with this Policy and, where applicable, must implement such practices, processes, controls, and training as are reasonably necessary to ensure such compliance.

Any questions relating to this Policy or to Data Protection Law should be referred to the Data Protection Officer. In particular, the Data Protection Officer should always be consulted in the following cases:

• if there is any uncertainty relating to the lawful basis on which personal data is to be collected, held, and/or processed;
• if consent is being relied upon in order to collect, hold, and/or process personal data;
• if there is any uncertainty relating to the retention period for any particular type(s) of personal data;
• if any new or amended privacy notices or similar privacy-related documentation are required;
• if any assistance is required in dealing with the exercise of a data subject’s rights (including, but not limited to, the handling of subject access requests);
• if a personal data breach (suspected or actual) has occurred;
• if there is any uncertainty relating to security measures (whether technical or organisational) required to protect personal data;
• if personal data is to be shared with third parties (whether such third parties are acting as data controllers or data processors);
• if personal data is to be transferred outside of the UK and there are questions relating to the legal basis on which to do so;
• when any significant new processing activity is to be carried out, or significant changes are to be made to existing processing activities, which will require a Data Protection Impact Assessment;
• when personal data is to be used for purposes different to those for which it was originally collected;

This Policy aims to ensure compliance with Data Protection Law. The UK GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance.

All personal data must be:

• processed lawfully, fairly, and in a transparent manner in relation to the data subject;
• collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
• adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
• 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;
• 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 subject to implementation of the appropriate technical and organisational measures required by the UK GDPR in order to safeguard the rights and freedoms of the data subject;
• 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.

The UK GDPR sets out the following key rights applicable to data subjects:

• the right to be informed;
• the right of access;
• the right to rectification;
• the right to erasure (also known as the ‘right to be forgotten’);
• the right to restrict processing;
• the right to data portability;
• the right to object; and
• rights with respect to automated decision-making and profiling.

Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject.

Specifically, the processing of personal data shall be lawful if at least one of the following applies:

• the data subject has given consent to the processing of their personal data for one or more specific purposes;
• 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;
• the processing is necessary for compliance with a legal obligation to which the data controller is subject;
• the processing is necessary to protect the vital interests of the data subject
• the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:

• Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent.
• Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.
• Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.
• If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject.
• In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements.

• The Company collects and processes the personal data set out in section ‘Personal Data Collected, Held and Processed’ of this Policy. This includes personal data collected directly from data subjects
• The Company only collects, processes, and holds personal data for the specific purposes set out in section ‘Personal Data Collected, Held and Processed’ of this Policy (or for other purposes expressly permitted by Data Protection Law).
• Data subjects must be kept informed at all times of the purpose or purposes for which the Company uses their personal data.

• The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as described within this document.
• Employees, contractors, or other parties working on behalf of the Companies may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.
• Employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal data held by the Company cannot be processed for any unrelated reasons.

• The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out below.
• 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.

• The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
• When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

• The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
• Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows:
  
  • only those with a genuine need to access and use personal data and who are authorised to do so may access and use it;
  • personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed; and
  • authorised users must always be able to access the personal data as required for the authorised purpose or purposes.

• The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.
• The Companies will follow a ‘privacy by design’ approach at all times when collecting, holding, and processing personal data.

Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

• the type(s) of personal data that will be collected, held, and processed;
• the purpose(s) for which personal data is to be used;
• the Company’s objectives;
• how personal data is to be used;
• the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
• risks posed to data subjects; risks posed both within and to the Company; and
• proposed measures to minimise and handle identified risks.

The following information shall be provided to every data subject, as applicable:

• where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
• The following information shall be made available:
  
  • details of the Company including, but not limited to, contact details, and the names and contact details of any applicable representatives and its Data Protection Officer;
  • the purpose(s) for which the personal data is being collected and will be;
  • where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
  • details of applicable data retention periods;
  • details of the data subject’s rights under the UK GDPR;
  • details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
  • 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;

• Data subjects may make Subject Access Requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why. Requests should be made to the Managing Director.
• Responses to SARs will normally be made within one month of receipt unless complex. If such additional time is required, the data subject shall be informed.

• Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
• The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue.

• Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
  
  • it is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed; the data subject wishes to withdraw their consent to the Company holding and processing their personal data;
  • the data subject objects to the Company holding and processing their personal data
  • the personal data has been processed unlawfully;
• Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request.
• In the event that any personal data that is to be erased in response to a 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).

Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company 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.

• The Company does not process personal data using automated means. Objections to Personal Data Processing
• Data subjects have the right to object to the Company processing their personal data based on legitimate interests.
• Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

The Companies do not employ Direct Marketing strategies.

The following personal data is collected, held, and processed by the Company:

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

• All emails containing personal data must be marked “confidential”;
• Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
• 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.
• Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient

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

• All electronic copies of personal data should be stored securely using passwords.
• 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;
• All personal data stored electronically should be backed up weekly with backups stored offsite. All backups should be password protected
• No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise.
• No personal data should be transferred to any device personally belonging to an employee, agent, contractor, or other party working on behalf of the Company.

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 or shredded.

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

• No personal data may be shared informally.
• Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, contractors, or other parties at any time;
• If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;
• Should personal data held by the Company be used marketing purposes, it shall be the responsibility of the Managing Director to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service

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

• 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.
• 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;
• All software (including, but not limited to, applications and operating systems) shall be kept up-todate. The Companies IT Contractor shall be responsible for installing any and all security-related updates unless automatically advised.
• No software may be installed on any Company-owned computer or device without the prior approval of the Managing Director.

The Companies do not transfer Personal Data outside of the UK

• All personal data breaches must be reported immediately to the Company’s Data Protection Officer.
• If an employee, agent, contractor, or other party working on behalf of the Company becomes aware of or suspects that a personal data breach has occurred, they must not attempt to investigate it themselves. Any and all evidence relating to the personal data breach in question should be carefully retained.
• Data breach notifications shall include the following information:
  
  • The categories and approximate number of data subjects concerned;
  • The categories and approximate number of personal data records concerned;
  • The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);
  • The likely consequences of the breach;
  • Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

The Management team are committed to this Policy and to the implementation and maintenance of the highest
standards in its undertakings.

CAS Engineering Ltd & WOHR UK Ltd
Aston Works, West End, Aston, Oxon, OX18 2DQ
Tel: 01993 851791 | E: info@WOHR-parking.co.uk | www.WOHR-parking.co.uk