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Data Protection Policy

1. INTERPRETATION

1.1. DEFINITIONS:

Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.

Automated Processing: any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.

Company name: Manorcrest Group, incorporating Manorcrest Homes Limited, Manorcrest Construction Limited, Thorngate Limited and all Management Companies operated by Manorcrest on behalf of property owners.

Company Personnel: all employees, workers, contractors, agency workers, consultants, directors and others.

Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.

Criminal Convictions Data: means personal data relating to criminal convictions and offences.

Controller (also known as Data Controller): the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.

Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Data Protection Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. DPIAs can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.

Data Protection Officer (DPO)/Data Protection Manager (DPM): the DPO is the person required to be appointed in specific circumstances under the GDPR. Where a mandatory or voluntary DPO has not been appointed, a DPM or other individual/team with responsibility for data protection compliance will be referred to throughout this Policy.

EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway. 1

Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).

General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.

Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour. Personal Data specifically includes, but is not limited to,

Employees

name, address, email, phone number, date of birth, NI number, salary/wage/pension information, medical history, next of kin, disciplinary record

Sales leads

Name, address, email, phone number

Customers

Name, address, email, phone number, financial status

Tenants, including prospective tenants

Name, address, email, phone number, salary and employment details, credit rating, references, bank account details

Guarantors

Name, address, employment details, financial status

Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.

Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.

Privacy Guidelines: the Company privacy/GDPR related guidelines provided to assist in interpreting and implementing this Data Protection Policy and Related Policies, available here: Company Shared Folders (S:)/GDPR DATA PROTECTION REGULATIONS

Privacy Notices or Privacy Policies: separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.

Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing

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also includes transmitting or transferring Personal Data to third parties.

Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.

Related Policies: the Company’s policies, operating procedures or processes related to this Data Protection Policy and designed to protect Personal Data, available here: Company Shared Folders (S:)/GDPR DATA PROTECTION REGULATIONS

Special Categories of Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.

  1. INTRODUCTION

    This Data Protection Policy sets out how Manorcrest Group (”we”, “our”, “us”, “the Company”) handle the Personal Data of our customers, suppliers, employees, workers and other third parties.

    This Data Protection Policy applies to all Personal Data we process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.

    This Data Protection Policy applies to all Company Personnel (”you”, “your”). You must read, understand and comply with this Policy when Processing Personal Data on our behalf and attend training on its requirements. This Policy sets out what we expect from you in order for the Company to comply with its legal requirements. Your compliance with this Policy is mandatory. You must also comply with all such Related Policies and Privacy Guidelines. Any breach of this Policy may result in disciplinary action.

    This Data Protection Policy (together with Related Policies and Privacy Guidelines) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from a Director.

  2. SCOPE

    We consider the appropriate and lawful treatment of Personal Data to be of vital importance and we take our data protection obligations seriously at all times. The Company can incur potential fines of up to EUR20 million (approximately £18 million) or 4% of total worldwide annual turnover, whichever is higher and depending on the breach, for failure to comply with the provisions of the GDPR.

    The Data Privacy Manager is responsible for ensuring all Company Personnel comply with this Data Protection Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance.

    The Data Privacy Manager (“DPM”) is responsible for overseeing this Data Protection Policy and, as applicable, developing Related Policies and Privacy Guidelines. That post is held by Deborah Ledbrook, 01754 671033, deborahledbrook@manorcrest.co.uk

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Please contact DPM with any questions about the operation of this Data Protection Policy or the GDPR or if you are concerned that this Policy is not being or has not been followed.

4. PERSONAL DATA PROTECTION PRINCIPLES

  1. 4.1.  We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:

    1. (a)  Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).

    2. (b)  Collected only for specified, explicit and legitimate purposes (Purpose Limitation).

    3. (c)  Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).

    4. (d)  Accurate and where necessary kept up to date (Accuracy).

    5. (e)  Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).

    6. (f)  Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).

  2. 4.2.  We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

5. LAWFULNESS, FAIRNESS, TRANSPARENCY 5.1. LAWFULNESS AND FAIRNESS

Personal Data must be Processed lawfully, fairly and in a transparent manner. You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing, but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.

The GDPR allows Processing for specific purposes :

  1. (a)  the Data Subject has given his or her Consent;

  2. (b)  the Processing is necessary for the performance of a contract with the Data Subject;

  3. (c)  to meet our legal compliance obligations;

  4. (d)  to protect the Data Subject’s vital interests;

  5. (e)  to pursue our legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set

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out in applicable Privacy Notices
You must identify and document the legal ground being relied on for each Processing activity.

  1. 5.2.  CONSENT
    A Data Controller must only process Personal Data on the basis of one or more of the lawful

    bases set out in the GDPR, which include Consent.

    A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters.

    Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.

    Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Special Categories of Personal Data and Criminal Convictions Data, for Automated Decision-Making and for cross border data transfers. Usually we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Special Categories of Personal Data and Criminal Convictions Data. Where Explicit Consent is required, a Privacy Notice must be issued to the Data Subject to ensure Explicit Consent is captured.

    Evidence of Consent must be captured and you need to keep records of all Consents in accordance with Related Policies and Privacy Guidelines so that the Company can demonstrate compliance with Consent requirements.

  2. 5.3.  TRANSPARENCY (NOTIFYING DATA SUBJECTS)

    The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices or Fair Processing Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.

    Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we must provide the Data Subject with all the information required by the GDPR including the identity of the Data Controller and DPM how and why we will use, process, disclose, protect and retain that Personal Data through a Fair Processing Notice which must be presented when the Data Subject first provides the Personal Data.

    When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.

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6. PURPOSE LIMITATION

Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.

You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes and they have Consented where necessary.

  1. DATA MINIMISATION

    Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.

    You may only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties.

    You may only collect Personal Data that you require for your job duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.

    You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Company’s data retention guidelines.

  2. ACCURACY

    Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

    You will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

  3. STORAGE LIMITATION

    Personal Data must not be kept in an identifiable form for longer than is necessary to achieve the purposes for which the data is processed.

    You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than is needed for the legitimate business purpose or the purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.

    We will maintain retention policies and procedures to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time. You must comply with the Company’s guidelines on Data Retention.

    You will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with all the Company’s applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable.

    You will ensure Data Subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice.

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10. SECURITY INTEGRITY AND CONFIDENTIALITY

  1. 10.1.  PROTECTING PERSONAL DATA

    Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.

    We will develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data. You are responsible for protecting the Personal Data we hold. You must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise particular care in protecting Special Categories of Personal Criminal Convictions Data from loss and unauthorised access, use or disclosure.

    You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.

    You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:

    1. (a)  Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.

    2. (b)  Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.

    3. (c)  Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.

    You must comply with and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the GDPR and relevant standards to protect Personal Data.

  2. 10.2.  REPORTING A PERSONAL DATA BREACH

    The GDPR requires Controllers to notify any Personal Data Breach to the applicable regulator (for the UK the applicable regulator is the Information Commissioner’s Office (ICO)) and, in some circumstances, the Data Subject themselves.

    We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so.

    If you know or suspect that a Personal Data Breach has occurred, immediately contact the person or team designated as the key point of contact for Personal Data Breaches and follow the DATA BREACH INCIDENT PLAN. You should preserve all evidence relating to the potential Personal Data Breach.

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11. TRANSFER LIMITATION (not applicable)

The GDPR restricts data transfers to countries outside the EEA in order to ensure that the standard of data protection provided to individuals by the GDPR is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.

You may only transfer Personal Data outside the EEA if one of the following conditions applies:

  1. (a)  the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ rights and freedoms;

  2. (b)  appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism;

  3. (c)  the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or

  4. (d)  the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.

12. DATA SUBJECT’S RIGHTS AND REQUESTS

Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:

  1. (a)  withdraw Consent to Processing at any time;

  2. (b)  receive certain information about the Data Controller’s Processing activities;

  3. (c)  request access to their Personal Data that we hold;

  4. (d)  prevent our use of their Personal Data for direct marketing purposes;

  5. (e)  ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;

  6. (f)  restrict Processing in specific circumstances;

  7. (g)  challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;

  8. (h)  request a copy of an agreement under which Personal Data is transferred outside of the EEA;

  9. (i)  object to decisions based solely on Automated Processing, including profiling (ADM);

  10. (j)  prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;

  11. (k)  be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;

  12. (l)  make a complaint to the supervisory authority; and

  13. (m)  in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine readable format.

You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).

You must immediately forward any Data Subject request you receive to your supervisor or the DPM and comply with the company’s Data Subject Requests Policy.

13. ACCOUNTABILITY

  1. 13.1.  The Data Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Data Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

    The Company must have adequate resources and controls in place to ensure and to document GDPR compliance including:

    1. (a)  appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;

    2. (b)  implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;

    3. (c)  integrating data protection into internal documents including this Data Protection Policy, Related Policies, Privacy Guidelines or Privacy Notices;

    4. (d)  regularly training Company Personnel on the GDPR, this Data Protection Policy, Privacy Guidelines, Related Policies and data protection matters including, for example, Data Subject’s rights, Consent, legal basis, DPIA and Personal Data Breaches. The Company must maintain a record of training attendance by Company Personnel; and

    5. (e)  regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.

  2. 13.2.  RECORD KEEPING

    The GDPR requires us to keep full and accurate records of all our data Processing activities.

    You must keep and maintain accurate corporate records reflecting our Processing including records of Data Subjects’ Consents and procedures for obtaining Consents[in accordance with the Company’s record keeping guidelines.

These records should include, at a minimum, the name and contact details of the Data Controller and the DPM, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data transfers, the Personal Data’s retention period and a description of the security measures in place. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows.

  1. 13.3.  TRAINING AND AUDIT

    We are required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.

    You must undergo all mandatory data privacy related training and ensure your team undergo similar mandatory training

    You must regularly review all the systems and processes under your control to ensure they comply with this Data Protection Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.

  2. 13.4.  PRIVACY BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)

    We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.

    You must assess what Privacy by Design measures can be implemented on all programs/systems/processes that Process Personal Data by taking into account the following:

    1. (a)  the state of the art;

    2. (b)  the cost of implementation;

    3. (c)  the nature, scope, context and purposes of Processing; and

    4. (d)  the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.

    You should conduct a DPIA (and discuss your findings with the DPM when implementing major system or business change programs involving the Processing of Personal Data including:

    1. (e)  use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);

    2. (f)  Automated Processing including profiling and ADM;

    3. (g)  large scale Processing of Special Categories of Personal Data or Criminal Convictions Data; and

                      (h) large scale, systematic monitoring of a publicly accessible area.

A DPIA must include:

  1. (i)  a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate;

  2. (j)  an assessment of the necessity and proportionality of the Processing in relation to its purpose;

  3. (k)  an assessment of the risk to individuals; and

  4. (l)  the risk mitigation measures in place and demonstration of compliance.

  1. 13.5.  AUTOMATED PROCESSING (INCLUDING PROFILING) AND AUTOMATED DECISION-MAKING

    Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:

    1. (a)  a Data Subject has Explicitly Consented;

    2. (b)  the Processing is authorised by law; or

    3. (c)  the Processing is necessary for the performance of or entering into a contract.

    If certain types of Special Categories of Personal Data or Criminal Convictions Data are being processed, then grounds (b) or (c) will not be allowed but such Special Categories of Personal Data and Criminal Convictions Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.

    If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject’s rights and freedoms and legitimate interests.

    We must also inform the Data Subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the Data Subject the right to request human intervention, express their point of view or challenge the decision.

    A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.

  2. 13.6.  DIRECT MARKETING

    We are subject to certain rules and privacy laws when marketing to our customers.

    For example, a Data Subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing customers known

 

as “soft opt in” allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.

The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.

A Data Subject’s objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.

You must comply with the Company’s guidelines on direct marketing to customers. 13.7. SHARING PERSONAL DATA

Generally we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.

You may only share the Personal Data we hold with another employee, agent or representative of our group (which includes our subsidiaries and our ultimate holding company along with its subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.

You may only share the Personal Data we hold with third parties, such as our service providers if:

  1. (a)  they have a need to know the information for the purposes of providing the contracted services;

  2. (b)  sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;

  3. (c)  the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;

  4. (d)  the transfer complies with any applicable cross border transfer restrictions; and

  5. (e)  a fully executed written contract that contains GDPR approved third party clauses has been obtained.

You must comply with the Company’s guidelines on sharing data with third parties.

14. CHANGES TO THIS POLICY

We reserve the right to change this Data Protection Policy at any time without notice to you so please check back regularly to obtain the latest copy of this Data Protection Policy. We last revised this Data Protection Policy in May 2018.

This Data Protection Policy does not override any applicable national data privacy laws and regulations in countries where the Company operates.


Fledge Platform

Technical Data Processing Policy – Version 1.1 17-05-18

This website is built and hosting on the Fledge Content Management System stack (“Fledge”) and we describe here how this underlying technology works and the principles put in place with our website technology provider to observe personal data processing obligations.

  • The Fledge team have fully assessed their own GDPR compliance both in terms of the services they offer to us and in terms of their own internal policies and procedures.
  • The Fledge team have appropriate technical and personnel protocols in place to ensure the security of your data
  • The Fledge team carry out due diligence against any sub-processors or other third party processors and ensure their GDPR compliance (such as data centres)
  • The Fledge team only allow specific members of staff access to servers and what access that is available, is limited to specific circumstances
  • The Fledge team do not transfer your data outside the EEA (all services are hosted in the UK)
  • The Fledge staff are trained in GDPR compliance and understand their responsibilities for managing the systems that process your personal data

Data Processing

You are the owner of the data you submit to our services. When your data is placed on a Fledge server, the Fledge team do not access the data we store on their services, except where required to support technical queries to us, and any processing (as a Data Processor) is only in terms of the hosting services they provide to us. They do not use your data for any processing of their own. They do not share or provide access to any of your data with third parties unless required to do so by law. Where authorised parties request access to their servers, they follow strict internal policies for dealing with such requests in line with existing UK law. Furthermore, the third parties are required to demonstrate they have a lawful reason to access the data and under what authority.

Fledge Uses Cookies and Logs

On most web browsers, you will find a “help” or “settings” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Note, however, that if you reject our request to use cookies or turn cookies off, you may be unable to access certain parts of the site and you may not be able to benefit from the full functionality of the site.

  • Session – We use a cookie called allows us to identify when a user has visited the site. This cookie is an essential part of serving site content to you. Without such a cookie, you would not be able to properly view our site and basic functions of our site would not work. We also use a cookie that allows to detect a user’s geographical location, mainly using the IP address of the connection point. In some cases, this cookie can redirect malicious uses of our site away from our server.
  • Source Data - Fledge records the source of how you got to our site, including for example from another website or from a link to our website.
  • Log Files - Fledge collects information about you when you visit our site including which pages you visit, when you have visited them etc. The server may also keep log files which contain data about the device you’re using, the IP address, internet service provider, operating system, timestamps and files you view from our site.
  • IP Addresses – By visiting our site, your IP address will be recorded by our servers and stored in log files. These log files are used for record keeping, tracking referring websites, inferring your general location, and for security purposes to avoid SPAM, abuse and DDOS attacks.
  • Device Data – We collect data about the device and system you use to access our site. In particular, we collection your IP address, operating system, device type, browser type and your general location of accessing the site.
  • Load Balancing – We use cookies in load balancing that allow effective display of information by ensuring that the user stays on the same host server for the entire duration of the session. These include a cookie that expires after 30 minutes, and a cookie called that expires after 3600 minutes.
  • Preferences – We also use cookies to gain a better understanding of your interests and requirements, for example to remember your site preferences, show you when you are logged into our system and allow you to remain logged-in for a period of time, provide you with support services, remember your login information, and prepopulate forms that you have already completed, maintain accurate records of your interactions with us through our site. In particular, we use a cookie which expires after 365 days to keep track of your acceptance of our use of cookies in accordance with this policy so that you do not see the cookie banner displayed after you have agreed to such use.
  • Analytics – We use analytical cookies that allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our site works, for example by making sure users are finding what they need easily. The collected data provides us only with anonymous traffic statistics (like number of page views, number of visitors, and time spent on each page). By continuing to use our site, you accept the site’s use of audience measurement cookies.
  • Usage – We use a cookie that allows us to measure activity on our site, so that we can better evaluate which types of content and formats are interesting and valuable for our visitors.
  • Pixel Tags – We periodically use pixel tags from the following third parties, to help us improve use of the Site and our services, and know when content has been shown to you: Twitter. For information regarding Twitter’s data privacy and cookies, please go to Twitter’s Privacy Policy and to opt out visit https://support.twitter.com/articles/20170405#. Facebook. For information regarding Facebook’s data privacy and cookies, please go to Facebook’s privacy policy Privacy Policy and to opt out please review your Facebook ad settings. LinkedIn. For additional information regarding LinkedIn’s data privacy and cookies, please go to LinkedIn’s Privacy Policy and to opt out please visit https://www.linkedin.com/help/linkedin/answer/62931/manage-advertising-preferences?lang=en. Google. For additional information regarding Google’s data privacy and cookies, please go to Google’s privacy policy Privacy policy and to opt out please visit https://adssettings.google.com/authenticated?hl=en#display_optout.
  • AB Testing – We use A/B cookies and multivariate testing to identify a visitor's browser and to analyse the use of this site.

Legal Basis for Processing

Fledge will collect your usage statistics and submitted details on our behalf. Fledge then stores and processes those on our behalf. If you would like your data to be erased, rectified, accessed or for any other queries about your responses, please contact us directly.

As the legal basis of processing data, it is necessary for the purposes of the legitimate interests pursued by both us and our technology providers. Our legitimate interests are:

  • Distinguish you from other users of our website and help to improve our website’s performance and your experience of using our website
  • Make it easier and more convenient for you to interact with us, including responding to enquiries and provide customer support, and to improve or modify our services
  • For regulatory purposes and compliance with industry standards and to ensuring secure usage of the site and to conduct manual or systematic monitoring for fraud and other harmful activity

Retention Period

Fledge will retain data for the period necessary to fulfil the purposes outlined in this policy unless a longer retention period is required or permitted by law. Please note that we have a variety of obligations to retain data provided to us, including to help identify fraud and malicious computer usage such as hacking, phishing, and ransomware attacks. Accordingly, even if you chose to submit a data amendment request, we may retain certain data to meet our obligations under the law.

Contacting the Fledge Team

If you have any questions about the technical elements of this privacy policy, please contact enquiries@fledgesuite.co.uk or at:

Attention: Fledge Team, Pint Sized Giants Ltd, i-Lab, Stannard Way, Bedford, MK44 3RZ, UK