Data Protection Policy
This policy gives important information about:
- The data protection principles with which ROCK 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; and
- Where more detailed privacy information can be found, e.g. about the personal information we gather and use, 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.
1.1 ROCK obtains, keeps and uses personal information (also referred to as data) about job applicants, current and former employees, contractors, customers, clients and business associates for a number of specific lawful purposes.
1.2 This policy sets out how we comply with our data protection obligations and seek to protect personal information. Its purpose is also to convey to individuals that we understand and comply with rules governing the collection, use and deletion of personal information which we process.
1.3 We are committed to complying with our data protection obligations, and to be concise, clear and transparent about how we obtain and use personal information, and how (and when) we delete that information once it is no longer required.
2.1 This policy applies to the personal information of job applicants, current and former employees, contractors, clients, customers and business associates.
2.2 We will review and update this policy regularly in accordance with our data protection obligations.
3. Data Protection Principles
3.1 ROCK will comply with the following data protection principles when processing personal information:
3.1.1 ROCK will process personal information lawfully, fairly and in a transparent manner;
3.1.2 ROCK 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;
3.1.3 ROCK will only process the personal information that is adequate, relevant and necessary for the relevant purposes;
3.1.4 ROCK will keep accurate and up to date personal information, and take reasonable steps to ensure that inaccurate personal information is deleted or corrected without delay;
3.1.5 ROCK will keep personal information for no longer than is necessary for the purposes for which the information is processed; and
3.1.6 ROCK 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.
4. Basis for Processing Personal Information
4.1 In relation to any processing activity we will, before the processing starts for the first time, and then regularly while it continues:
4.1.1 Review the purposes of the particular processing activity, and select the most appropriate lawful basis (or bases) for that processing I.e.
(a) That the data subject has consented to the processing; or
(b) That the processing is necessary for the performance of a contact 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; or
(c) That the processing is necessary for compliance with a legal obligation to which ROCK is subject; or
(d) That the processing is necessary for the protection of the vital interests of the data subject or another natural person; or
(e) That the processing is necessary for the performance of a task carried out in the public interest or exercise of official authority; or
(f) That the processing is necessary for the purposes of legitimate interests of ROCK or a third party, expect where those interests are overridden by the interests of fundamental rights and freedoms of the data subject
5. Sensitive Personal Information
5.1 ROCK may from time to time need to process sensitive personal information. We will only process sensitive personal information if:
5.1.1 ROCK has a lawful basis for doing so, e.g. it is necessary for the performance of the employment or other contract, to comply with ROCK’s legal obligations or for the purposes of ROCK’s legitimate interests; and
5.1.2 One of the special conditions for processing sensitive personal information applies, e.g.
(a) The data subject has given explicit consent; or
(b) The processing is necessary for the purposes of exercising the employment law rights or obligations of ROCK or the data subject; or
(c) The processing is necessary to protect the data subject’s vital interests, and the data subject is physically incapable of giving consent; or
(d) Processing relates to personal data which are manifestly made public by the data subject; or
(e) The processing is necessary for the establishment, exercise or defence of legal claims; or
(f) The processing is necessary for reasons of substantial public interest.
5.2 Sensitive personal information will not be processed until:
5.2.1 ROCK has assessed whether the processing complies with the criteria noted above; and
5.2.2 If possible, the individual has been properly informed of the nature of the processing, the purposes for which it is being carried out and the legal basis for it.
5.3 ROCK’s relevant data protection privacy notice will set out the types of sensitive personal information that ROCK processes, what it is used for and the lawful basis for the processing.
6. Documentation and Records
6.1 ROCK will keep written records of processing activities including:
6.1.1 The purposes of processing
6.1.2 A description of the categories of individuals and categories of personal data;
6.1.3 Categories of recipients of personal data;
6.1.4 Where relevant, a description of technical and organisational security measures.
6.2 As part of our record of processing activities we document:
6.2.1 Information required for privacy notices;
6.2.2 Records of consent if necessary;
6.2.3 The location of personal information;
6.2.4 Records of data breaches.
6.3 If we process sensitive personal information, we will keep written records of;
6.3.1 why it is necessary for that purposes;
6.3.2 The lawful basis for our processing; and
6.3.3 Whether we retain and erase the personal information in accordance with our policy document and, if not, the reason for not following our policy.
6.4 ROCK will conduct regular reviews of the personal information we process and update our documentation accordingly. This may include:
6.4.1 Carrying out information audits to update what personal information ROCK holds;
6.4.2 Reviewing our policies, procedures, contracts and agreements to address areas such as retention, security and data sharing.
7. Privacy Notice
7.1 ROCK may issue privacy notices from time to time, informing individuals about the personal information we collect relating to the,, how they can expect their personal information to be used and for what purposes.
7.2 ROCK will take appropriate measures to provide information in privacy notices in a concise, transparent, intelligible and easily accessible form, suing clear and plain language.
7.3 Generally, ROCK may collect information from you such as your name, contact details, contact preferences, and details of correspondence or enquiries.
7.4 If you are a client of ROCK, we may store more extensive information about you such as arrears information, payment information, and details of complaints, information on vulnerabilities and reasonable adjustments, legal documents, outcomes of legal checks such as anti-money laundering checks, transactional information and information about your property.
7.5 Your data will only be shared if agreed to it being shared or if it is necessary to share it in order to achieve a legitimate interest or it is a legal requirement that we share your data. We do not sell any of the personal data we hold. Examples of when we may share your personal data include:
- To provide services to you that you have requested;
- To let you know directly relevant services provided within ROCK which may be of interest to you;
- To achieve legitimate outcomes such as debt collection;
- Where we share your data to comply with a legal obligation, such as the obligation to undertake anti-money laundering checks;
- If we are legally required to share your data with law enforcement agencies.
7.6 On our websites, we use Google Analytics. This is a tracking cookie which enables us to track how popular a site is and record visitor trends over time. The cookie does not contain any personal data but it does contact your computer’s IP address to determine where in the world you are accessing the website form and to track your page visits within the site. . We will only store this data for 38 months, in accordance with the Google Analytics retention period function. Any statistics stored for more than three years will not include any IP addresses and will not be able to identify individuals in any way.
8. Individual Rights
8.1 Individuals have the following rights in relation to their personal information:
8.1.1 To be informed about how, why and on what basis that information is processed;
8.1.2 To obtain confirmation that their information is being processed and to obtain access to it and certain other information, by making a subject access request;
8.1.3 To have data corrected if it is inaccurate or incomplete;
8.1.4 To have data erased if it is no longer necessary for the purposes 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”);
8.1.5 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 ROCK no longer needs the personal information but they require the data to establish, exercise or defend a legal claim; and
8.1.6 to restrict the processing of personal information temporarily where they do not think it is accurate (and ROCK is verifying whether it is accurate), or where they have objected to the processing (and ROCK is considering whether the organisation’s legitimate grounds override their interests).
8.1.7 ROCK trains all staff on how to respond to requests to exercise the above rights and has processes in place to ensure such requests are dealt with. If ROCK is not the data controller of the data to which the right relates ROCK will usually contact the data controller regarding the request before responding (depending upon the requirements set out in the contractual arrangement between ROCK and the controller).
9. Information Security
9.1 ROCK will use appropriate technical and organisational measures 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:
9.1.1 Making sure that, where possible, personal information is encrypted;
9.1.2 Ensuring the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
9.1.3 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
9.1.4 A process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
10. Storage and Retention of Personal Information
10.1 Personal information (and sensitive personal information) will be kept securely in accordance with ROCK’s Information Security policies and procedures.
10.2 Personal information (and sensitive personal information) will 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.
10.3 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
11. Data Breaches
11.1 A data breach may take many different forms, for example:
11.1.1 Loss or theft of data or equipment on which personal information is stored;
11.1.2 Unauthorised access to or use of personal information either by a member of staff or third party;
11.1.3 Loss of data resulting from an equipment or systems (including hardware and software) failure;
11.1.4 Human error, such as accidental deletion or alteration of data;
11.1.5 Unforeseen circumstances, such as a fire or flood;
11.1.6 Deliberate attacks on IT systems, such as hacking, viruses or phishing scams; and
11.1.7 ‘Blagging’ offences, where information is obtained by deceiving the organisation which holds it.
11.2 ROCK will:
11.2.1 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
11.2.2 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 unless ROCK is not the Data Controller, in which case ROCK shall report the breach as soon as possible to the relevant Data Controller.
12.1 ROCK 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.
12.2 ROCK keep a log of all employee data protection training and testing to ensure that all staff have competent knowledge of data protection requirements.
13. Consequences of Employees Failing to Comply
13.1 ROCK takes compliance with this policy very seriously. Failure to comply may result in disciplinary action against our employees, including dismissal. Employees are informed about the importance of maintaining data protection compliance at all times and are informed that if they fail to do so they could be subject to disciplinary action, including dismissal.
13.2 If you have any questions or concerns about anything in this policy, do not hesitate to contact us at [email protected]