Privacy Policy
Last updated: May 13, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We may use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application refers to MH Hotels, the software program provided by the Company.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Maze Reality Ltd, 5 South Charlotte Street, Edinburgh.
Country refers to: United Kingdom
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Email address
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
Pictures and other information from your Device’s camera and photo library
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: info@mazereality.com
Cookie Policy
We ask that you read this cookie policy carefully as it contains important information on who we are and our use of cookies or similar technologies on our website. This policy should be read together with our www.mazereality.com/privacypolicy which sets out how and why we collect, store, use and share personal information generally, as well as your rights in relation to your personal information and details of how to contact us and supervisory authorities in the event you have a complaint.
This website is operated by Maze Reality Ltd We are an Interactive agency and for more information see https://mazereality.com/about-us/.
This cookie policy [only] relates to your use of our website, https://mazereality.com/.
Throughout our website we may link to other websites or apps owned and operated by certain trusted third parties. These other third party websites may also use cookies or similar technologies in accordance with their own separate cookie polices. For privacy information relating to these other third-party websites, please consult their cookie policies as appropriate.
A cookie is a small text file which is placed onto your device (eg computer, smartphone or other electronic device) when you use our website. We use cookies on our website. These help us recognise you and your device and store some information about your preferences or past actions.
For example, we may monitor how many times you visit the website, which pages you go to, traffic data, location data and the originating domain name of a user’s internet service provider. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
You can set your browser not to accept cookies and the websites below tell you how to remove cookies from your browser. However, some of our website features may not function as a result.
For further information on our use of cookies, including a detailed list of your information which we and others may collect through cookies, please see below.
We use cookies on this website to:
recognise you whenever you visit this website (this speeds up your access to the website as you do not have to log in each time);
obtain information about your preferences and use of our website;
carry out research and statistical analysis to help improve our content, [products and services] and to help us better understand our users’ requirements; and
target our marketing and advertising campaigns [and those of our partners] more effectively by providing interest-based advertisements that are personalised to your interests; and
make your online experience more efficient and enjoyable.
For further information on cookies generally visit www.aboutcookies.org or www.allaboutcookies.org.
The cookies we place on your device fall into the following categories:
Session cookies—these allow our website to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards
Persistent cookies—these are stored on your device in between browser sessions. These allow your preferences or actions across our website to be remembered. These will remain on your device until they expire, or you delete them from your cache
Strictly necessary cookies—these cookies are essential for you to be able to navigate our website and use its features. Without these cookies, the services you have asked for could not be provided.
Performance/ analytical cookies— these allow us to assess site visitor behaviour, for example, recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily. We use cookies to compile visitor statistics such as how many people have visited our site, how they reached our site, what type of technology they are using (e.g. Mac or Windows, which helps to identify when our site isn’t working as it should for particular technologies), how long they spend on the site, what page they look at etc. This helps us to continuously improve our website.
Functionality cookies—these cookies allow our website to remember the choices you make (such as your username, language, last action and search preferences) and provide enhanced, more personal features. The information collected by these cookies is anonymous and cannot track your browsing activity on other websites
Targeting cookies—also known as advertising cookies, these cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement on our website and help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website, and this information is shared with other organisations such as advertisers.]
We will ask for your permission (consent) to place cookies or other similar technologies on your device, except where these are essential for us to provide you with a service that you have requested (eg to enable you to put items in your shopping basket and use our check-out process).
There is a notice on our home page which describes how we use cookies and requests your consent to place cookies on your device. Click here www.mazereality.com/cookies to see what this form looks like.
If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of this website. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies: https://ico.org.uk/for-the-public/online/cookies/.
Please contact us f you have any questions about this cookie policy or the information we hold about you.
If you wish to contact us please send an email to info@mazereality.com
This policy was published on 5th June 2023 and last updated on 13th May 2024
We may change this policy from time to time.
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see ‘How to contact us’ above).]
GDPR Data Protection
You must read this policy because it gives important information about:
the data protection principles with which the Company must comply;
what is meant by personal information (or data) and sensitive personal information (or data);
how we gather, use and (ultimately) delete personal information and sensitive personal information in accordance with the data protection principles;
where more detailed privacy information can be found, eg about the personal information we gather and use about you, how it is used, stored and transferred, for what purposes, the steps taken to keep that information secure and for how long it is kept;
your rights and obligations in relation to data protection; and
the consequences of failure to comply with this policy.
Once you have read and understood this policy, please confirm you that have done so by signing and returning the attached copy to Steven Clark.
The Company obtains, keeps, and uses personal information (also referred to as data) about job applicants and about current and former employees, temporary and agency workers, contractors, interns, volunteers and apprentices for a number of specific lawful purposes, as set out in the Company’s [data protection privacy notices relating to recruitment and employment].
This policy sets out how we comply with our data protection obligations and seek to protect personal information relating to our workforce. Its purpose is also to ensure that staff understand and comply with the rules governing the collection, use and deletion of personal information to which they may have access in the course of their work.
We are committed to complying with our data protection obligations, and to being concise, clear and transparent about how we obtain and use personal information relating to our workforce, and how (and when) we delete that information once it is no longer required.
[The Company’s data protection officer, is responsible for informing and advising the Company and its staff on its data protection obligations, and for monitoring compliance with those obligations and with the Company’s policies. If you have any questions or comments about the content of this policy or if you need further information, you should contact the data protection officer.
OR
[Steven Clark is responsible for data protection compliance within the Company. If you have any questions or comments about the content of this policy or if you need further information, you should contact
This policy applies to the personal information of job applicants and current and former staff, including employees, temporary and agency workers, interns, volunteers and apprentices.
Staff should refer to the Company’s [data protection privacy notice] and, where appropriate, to its other relevant policies including in relation to [internet, email and communications, monitoring, social media, information security, data retention, bring your own device (BYOD) and criminal record information], which contain further information regarding the protection of personal information in those contexts.
[This policy has been drafted with the assistance of a representative group of employees to ensure that it is clear and easy to understand. ]We will review and update this policy [regularly] in accordance with our data protection obligations. It does not form part of any employee’s contract of employment and we may amend, update or supplement it from time to time. We will circulate any new or modified policy to staff [before OR when] it is adopted.
|
“criminal records information“ |
means personal information relating to criminal convictions and offences, allegations, proceedings, and related security measures; |
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“data breach“ |
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal information; |
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“data subject“ |
means the individual to whom the personal information relates; |
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“personal information“ |
(sometimes known as personal data) means information relating to an individual who can be identified (directly or indirectly) from that information; |
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“processing information“ |
means obtaining, recording, organising, storing, amending, retrieving, disclosing and/or destroying information, or using or doing anything with it; |
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“pseudonymised“ |
means the process by which personal information is processed in such a way that it cannot be used to identify an individual without the use of additional information, which is kept separately and subject to technical and organisational measures to ensure that the personal information cannot be attributed to an identifiable individual; |
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“sensitive personal information“ |
(Sometimes known as ‘special categories of personal data’ or ‘sensitive personal data’) means personal information about an individual’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (or non-membership), genetics information, biometric information (where used to identify an individual) and information concerning an individual’s health, sex life or sexual orientation. |
The Company will comply with the following data protection principles when processing personal information:
we will process personal information lawfully, fairly and in a transparent manner;
we will collect personal information for specified, explicit and legitimate purposes only, and will not process it in a way that is incompatible with those legitimate purposes;
we will only process the personal information that is adequate, relevant and necessary for the relevant purposes;
we will keep accurate and up to date personal information, and take reasonable steps to ensure that inaccurate personal information are deleted or corrected without delay;
we will keep personal information[in a form which permits identification of data subjects] for no longer than is necessary for the purposes for which the information is processed; and
we will take appropriate technical and organisational measures to ensure that personal information is kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
Basis for processing personal information
In relation to any processing activity we will, before the processing starts for the first time, and then regularly while it continues:
review the purposes of the particular processing activity, and select the most appropriate lawful basis (or bases) for that processing, ie:
that the data subject has consented to the processing;
that the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
that the processing is necessary for compliance with a legal obligation to which the Company is subject;
that the processing is necessary for the protection of the vital interests of the data subject or another natural person;[ or]
[that the processing is necessary for the performance of a task carried out in the public interest or exercise of official authority; or]
that the processing is necessary for the purposes of legitimate interests of the Company or a third party, except where those interests are overridden by the interests of fundamental rights and freedoms of the data subject—see clause 5.2 below.
except where the processing is based on consent, satisfy ourselves that the processing is necessary for the purpose of the relevant lawful basis (ie that there is no other reasonable way to achieve that purpose);
document our decision as to which lawful basis applies, to help demonstrate our compliance with the data protection principles;
include information about both the purposes of the processing and the lawful basis for it in our relevant privacy notice(s);
where sensitive personal information is processed, also identify a lawful special condition for processing that information (see paragraph 6.2.2 below), and document it; and
where criminal offence information is processed, also identify a lawful condition for processing that information, and document it.
When determining whether the Company’s legitimate interests are the most appropriate basis for lawful processing, we will:
conduct a legitimate interests assessment (LIA) and keep a record of it, to ensure that we can justify our decision;
if the LIA identifies a significant privacy impact, consider whether we also need to conduct a data protection impact assessment (DPIA);
keep the LIA under review, and repeat it if circumstances change; and
include information about our legitimate interests in our relevant privacy notice(s).
Sensitive personal information
Sensitive personal information is sometimes referred to as ‘special categories of personal data’ or ‘sensitive personal data’.
The Company may from time to time need to process sensitive personal information. We will only process sensitive personal information if:
we have a lawful basis for doing so as set out in paragraph 5.1.1 above, eg it is necessary for the performance of the employment contract, to comply with the Company’s legal obligations or for the purposes of the Company’s legitimate interests; and
one of the special conditions for processing sensitive personal information applies, eg:
the data subject has given explicit consent;
the processing is necessary for the purposes of exercising the employment law rights or obligations of the Company or the data subject;
the processing is necessary to protect the data subject’s vital interests, and the data subject is physically incapable of giving consent;
processing relates to personal data which are manifestly made public by the data subject;
the processing is necessary for the establishment, exercise or defence of legal claims; or
the processing is necessary for reasons of substantial public interest.
[PM Note to Company: The conditions for processing special category data under the GDPR may also require an “appropriate policy document” to be in place pursuant to the Data Protection Act 2018. It is recommended you take independent advice from our Information Law team if you are unclear which special category condition to rely upon and any associated documentation required.]
Before processing any sensitive personal information, staff must notify [the data protection officer of the proposed processing, in order that [the data protection officer may assess whether the processing complies with the criteria noted above.
Sensitive personal information will not be processed until:
the assessment referred to in paragraph Error: Reference source not found has taken place; and
the individual has been properly informed (by way of a privacy notice or otherwise) of the nature of the processing, the purposes for which it is being carried out and the legal basis for it.
[The Company will not carry out automated decision-making (including profiling) based on any individual’s sensitive personal information.]
The Company’s [data protection privacy notice] sets out the types of sensitive personal information that the Company processes, what it is used for and the lawful basis for the processing.
In relation to sensitive personal information, the Company will comply with the procedures set out in paragraphs Error: Reference source not found and Error: Reference source not found below to make sure that it complies with the data protection principles set out in paragraph 4 above.
During the recruitment process: the HR department, with guidance from [the data protection officer ] will ensure that (except where the law permits otherwise):
during the short-listing, interview and decision-making stages, no questions are asked relating to sensitive personal information, eg race or ethnic origin, trade union membership or health;
if sensitive personal information is received, eg the applicant provides it without being asked for it within his or her CV or during the interview, no record is kept of it and any reference to it is immediately deleted or redacted;
any completed equal opportunities monitoring form is kept separate from the individual’s application form, and not be seen by the person shortlisting, interviewing or making the recruitment decision;
‘right to work’ checks are carried out before an offer of employment is made unconditional, and not during the earlier short-listing, interview or decision-making stages;
we will [not ask health questions in connection with recruitment OR only ask health questions once an offer of employment has been made].
During employment: the HR department, with guidance from the data protection officer OR [relevant person], will process:
health information for the purposes of administering sick pay, keeping sickness absence records, monitoring staff attendance and facilitating employment-related health and sickness benefits;
sensitive personal information for the purposes of equal opportunities monitoring and pay equality reporting[. Where possible, this information will be anonymised]; and
trade union membership information for the purposes of staff administration and administering ‘check off’.
Criminal records information will be processed in accordance with the Company’s [Criminal records information policy].
Data protection impact assessments (DPIAs)
Where processing is likely to result in a high risk to an individual’s data protection rights (eg where the Company is planning to use a new form of technology), we will, before commencing the processing, carry out a DPIA to assess:
whether the processing is necessary and proportionate in relation to its purpose;
what measures can be put in place to address those risks and protect personal information.
Before any new form of technology is introduced, the manager responsible should therefore contact [the data protection officer OR relevant person[in order that a DPIA can be carried out.
During the course of any DPIA, the employer will seek the advice of the [data protection officer OR relevant personand the views of[ a representative group of] employees and any other relevant stakeholders.
We will keep written records of processing activities[ which are high risk, ie which may result in a risk to individuals’ rights and freedoms or involve sensitive personal information or criminal records information], including:
the name and details of the employer’s organisation (and where applicable, of other controllers, the employer’s representative and DPO);
the purposes of the processing;
a description of the categories of individuals and categories of personal data;
categories of recipients of personal data;
[where relevant, details of transfers to third countries, including documentation of the transfer mechanism safeguards in place;]
where possible, retention schedules; and
where possible, a description of technical and organisational security measures.
As part of our record of processing activities we document, or link to documentation, on:
information required for privacy notices;
controller-processor contracts;
the location of personal information;
If we process sensitive personal information or criminal records information, we will keep written records of:
the relevant purpose(s) for which the processing takes place, including (where required) why it is necessary for that purpose;
the lawful basis for our processing; and
whether we retain and erase the personal information in accordance with our policy document and, if not, the reasons for not following our policy.
We will conduct regular reviews of the personal information we process and update our documentation accordingly.[ This may include:]
[carrying out information audits to find out what personal information the Company holds;
distributing questionnaires and talking to staff across the Company to get a more complete picture of our processing activities; and
reviewing our policies, procedures, contracts and agreements to address areas such as retention, security and data sharing.]
[We document our processing activities in electronic form so we can add, remove, and amend information easily.]
The Company will issue privacy notices from time to time, informing you about the personal information that we collect and hold relating to you, how you can expect your personal information to be used and for what purposes.
We will take appropriate measures to provide information in privacy notices in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
You (in common with other data subjects) have the following rights in relation to your personal information:
to be informed about how, why and on what basis that information is processed—see the Company’s [data protection privacy notice];
to obtain confirmation that your information is being processed and to obtain access to it and certain other information, by making a subject access request—see the Company’s subject access request policy;
to have data corrected if it is inaccurate or incomplete;
to have data erased if it is no longer necessary for the purpose for which it was originally collected/processed, or if there are no overriding legitimate grounds for the processing (this is sometimes known as ‘the right to be forgotten’);
to restrict the processing of personal information where the accuracy of the information is contested, or the processing is unlawful (but you do not want the data to be erased), or where the employer no longer needs the personal information but you require the data to establish, exercise or defend a legal claim; and
to restrict the processing of personal information temporarily where you do not think it is accurate (and the employer is verifying whether it is accurate), or where you have objected to the processing (and the employer is considering whether the organisation’s legitimate grounds override your interests).
If you wish to exercise any of the rights in paragraphs 11.1.3 to 11.1.6, please contact [the data protection officer.
Individuals are responsible for helping the Company keep their personal information up to date. You should let [the HR department] know if the information you have provided to the Company changes, for example if you move house or change details of the bank or building society account to which you are paid.[ Alternatively, you can update your own personal information on a secure basis via the Company’s intranet.]
You may have access to the personal information of other members of staff, suppliers and [customers OR clients] of the Company in the course of your employment or engagement. If so, the Company expects you to help meet its data protection obligations to those individuals. For example, you should be aware that they may also enjoy the rights set out in paragraph 11.1 above.
If you have access to personal information, you must:
only access the personal information that you have authority to access, and only for authorised purposes;
only allow other Company staff to access personal information if they have appropriate authorisation;
only allow individuals who are not Company staff to access personal information if you have specific authority to do so from [the data protection office;
keep personal information secure (eg by complying with rules on access to premises, computer access, password protection and secure file storage and destruction and other precautions set out in the Company’s [information security policy]);
not remove personal information, or devices containing personal information (or which can be used to access it), from the Company’s premises unless appropriate security measures are in place (such as pseudonymisation, encryption or password protection) to secure the information and the device; and
not store personal information on local drives or on personal devices that are used for work purposes[ comply with the Company’s [BYOD policy]].
You should contact [the data protection officer if you are concerned or suspect that one of the following has taken place (or is taking place or likely to take place):
processing of personal data without a lawful basis for its processing or, in the case of sensitive personal information, without one of the conditions in paragraph 6.2.2 being met;
any data breach as set out in paragraph 15.1 below;
access to personal information without the proper authorisation;
personal information not kept or deleted securely;
removal of personal information, or devices containing personal information (or which can be used to access it), from the Company’s premises without appropriate security measures being in place;
any other breach of this policy or of any of the data protection principles set out in paragraph 4.1 above.
The Company will use appropriate technical and organisational measures[ in accordance with the Company’s [policies OR information security policy]] to keep personal information secure, and in particular to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage. These may include:
making sure that, where possible, personal information is pseudonymised or encrypted;
ensuring the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
ensuring that, in the event of a physical or technical incident, availability and access to personal information can be restored in a timely manner; and
a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
Where the Company uses external organisations to process personal information on its behalf, additional security arrangements need to be implemented in contracts with those organisations to safeguard the security of personal information. In particular, contracts with external organisations must provide that:
the organisation may act only on the written instructions of the Company;
those processing the data are subject to a duty of confidence;
appropriate measures are taken to ensure the security of processing;
sub-contractors are only engaged with the prior consent of the Company and under a written contract;
the organisation will assist the Company in providing subject access and allowing individuals to exercise their rights in relation to data protection;
the organisation will assist the Company in meeting its obligations in relation to the security of processing, the notification of data breaches and data protection impact assessments;
the organisation will delete or return all personal information to the Company as requested at the end of the contract; and
the organisation will submit to audits and inspections, provide the Company with whatever information it needs to ensure that they are both meeting their data protection obligations, and tell the Company immediately if it is asked to do something infringing data protection law.
Before any new agreement involving the processing of personal information by an external organisation is entered into, or an existing agreement is altered, the relevant staff must seek approval of its terms by the [data protection officer.
Storage and retention of personal information
Personal information (and sensitive personal information) will be kept securely in accordance with the Company’s [information security policy].
Personal information (and sensitive personal information) should not be retained for any longer than necessary. The length of time over which data should be retained will depend upon the circumstances, including the reasons why the personal information was obtained.[ Staff should follow the Company’s [records retention policy] which set out the relevant retention period, or the criteria that should be used to determine the retention period.] Where there is any uncertainty, staff should consult [the data protection officer.
Personal information (and sensitive personal information) that is no longer required will be deleted permanently from our information systems and any hard copies will be destroyed securely.
A data breach may take many different forms, for example:
loss or theft of data or equipment on which personal information is stored;
unauthorised access to or use of personal information either by a member of staff or third party;
loss of data resulting from an equipment or systems (including hardware and software) failure;
human error, such as accidental deletion or alteration of data;
unforeseen circumstances, such as a fire or flood;
deliberate attacks on IT systems, such as hacking, viruses or phishing scams; and
‘blagging’ offences, where information is obtained by deceiving the organisation which holds it.
make the required report of a data breach to the Information Commissioner’s Office without undue delay and, where possible within 72 hours of becoming aware of it, if it is likely to result in a risk to the rights and freedoms of individuals; and
notify the affected individuals if a data breach is likely to result in a high risk to their rights and freedoms and notification is required by law.
[The Company will not transfer personal information outside the European Economic Area (EEA), which comprises the countries in the European Union and Iceland, Liechtenstein and Norway.
OR
The Company may transfer personal information outside the European Economic Area (EEA) (which comprises the countries in the European Union and Iceland, Liechtenstein and Norway) on the basis [that that country, territory or organisation is designated as having an adequate level of protection OR that the organisation receiving the information has provided adequate safeguards by way of [binding corporate rules OR standard data protection clauses OR of compliance with an approved code of conduct]].]
The Company will ensure that staff are adequately trained regarding their data protection responsibilities. Individuals whose roles require regular access to personal information, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.
Consequences of failing to comply
The Company takes compliance with this policy very seriously. Failure to comply with the policy:
puts at risk the individuals whose personal information is being processed; and
carries the risk of significant civil and criminal sanctions for the individual and the Company; and
may, in some circumstances, amount to a criminal offence by the individual.
Because of the importance of this policy, an employee’s failure to comply with any requirement of it may lead to disciplinary action under our procedures, and this action may result in dismissal for gross misconduct. If a non-employee breaches this policy, they may have their contract terminated with immediate effect.
If you have any questions or concerns about anything in this policy, do not hesitate to contact [the data protection officer.