Powersystems Data Protection Policy

• This Policy sets out the obligations of Powersystems (the “Company”) regarding data protection and the rights of customers both old and new and members of staff, whether existing or not (“Data subjects”), in respect of their personal data under the Data Protection Act 1998 (DPA) and General Data Protection Regulation (the “Regulation”)
• The Regulation defines personal data as any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person
• This Policy sets out the procedures that are to be followed when dealing with personal data.  The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company. Any breach of this Policy may result in disciplinary action. This Policy does not form part of an employee’s contract of employment and may be amended at any time
• The Company is committed not only to legal compliance, but also to the spirit of the law and places of high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals

Data Protection Policy

The Powersystems policy sets out the procedures that are to be followed when dealing with personal data. 

The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.

The Company is committed not only to legal compliance, but also to the spirit of the law and places of high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

Download Powersystems Data Protection Policy 2022 PDF

The Data Protection principles

This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which anyone handling personal data must comply.  All personal data must be:

• Processed lawfully, fairly, and in a transparent manner in relation to the data subject
• Collected for specific, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.  Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes will not be considered to be incompatible with the initial purposes
• Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed
• Accurate and, where necessary, kept up to date.  Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay
• Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed.  Personal data may be stored for longer periods insofar as it will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject
• Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Lawful, fair and transparent data processing

The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data will be lawful if at least one of the following applies:

• The data subject has given consent to the processing of their personal data for one or more specific purposes
• Processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract
• Processing is necessary for compliance with a legal obligation to which the Company is subject
• Processing is necessary to protect the vital interests of the data subject or of another natural person
• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Company
• Processing is necessary for the purposes of the legitimate interests pursued by the Company or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Process for specified, explicit and legitimate purposes

The Company collects and processes the personal data set out in section 21 of this Policy.  This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties (for example, HMRC and Child Support Services).

The Company only processes personal data for the specific purposes set out in section 21 of this Policy (or for other purposes expressly permitted by the Regulation).  The purposes for which we process personal data will be communicated to the data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.

Adequate, relevant and limited data processing

The Company will only collect and process personal data for and to the extent necessary for the specific purpose(s) communicated to the data subjects in accordance with section 3.

Accuracy of data and keeping data up to date

The Company will ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of personal data will be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date personal data is found, all reasonable steps will be taken without delay to amend or erase that personal data, as appropriate.

Timely processing

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

Secure processing

The Company will ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.  Further details of the data protection and organisational measures which will be taken are provided in sections 22 and 23 of this Policy.

Accountability

The Company will keep written internal records of all personal data collection, holding, and processing, which will incorporate the following information:

• The name and details of the Company, its Data Compliance Team, and any applicable third party data controllers
• The purposes for which the Company processes personal data
• Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates
• Details (and categories) of any third parties that will receive personal data from the Company and on what basis. A copy of any agreement purporting to transfer personal data must be kept and reviewed prior to signing to ensure processing provisions are compliant with the Regulation.  Please contact the Data Compliance Team before entering into any contract
• Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards
• Details of how long personal data will be retained by the Company
• Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

Privacy impact assessments

The Company will carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments will be overseen by the Data Compliance Team who will address the following areas:

• The purpose(s) for which personal data is being processed and the processing operations to be carried out on that personal data
• Details of the legitimate interests being pursued by the Company
• An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed
• An assessment of the risks posed to individual data subjects
• Details of the measures in place to minimise and handle risks, including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.

The rights of data subjects

The Regulation sets out the following rights applicable to data subjects:

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

Keeping the data subjects informed

The Company will ensure that the following information is provided to every data subject when personal data is collected:

• Details of the Company including, but not limited to, the identity of its Data Compliance Team
• The purpose(s) for which the personal data is being collected and will be processed, and the legal basis justifying that collection and processing
• Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data
• Where the Personal data is not obtained directly from the data subject, the categories of personal data collected and processed
• Where the personal data is to be transferred to one or more third parties, details of those parties
• Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA“), details of that transfer, including but not limited to the safeguards in place (see clause 24 of this Policy for further details concerning such third country data transfers)
• Details of the length of time the personal data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined)
• Details of the data subject’s rights under the Regulation

Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time

• Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation)
• Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it
• Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.

The information set out above in clause 12.1 will be provided to the data subject:

• Where the personal data is obtained from the data subject directly, at the time of collection
• Where the personal data is not obtained from the data subject directly (i.e. from another party)
• If the personal data is used to communicate with the data subject, at the time of the first communication
• If the personal data is to be disclosed to another party, before the personal data is disclosed
• In any event, not more than one month after the time at which the Company obtains the personal data.

Data subject access

A data subject may make a subject access request (“SAR“) at any time to find out more about the personal data that the Company holds on them.  The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests and, in such cases, the data subject will be informed of the need for the extension.

All subject access requests received must be forwarded to the Data Compliance Team within 24 hours of receipt.

The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

Rectification of personal data

If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete, requesting that it be rectified, the personal data in question will be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject will be informed of the need for the extension).

In the event that any affected personal data has been disclosed to third parties, those parties will be informed of any rectification of that personal data.

Erasure of personal data

Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:

• It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed
• The data subject wishes to withdraw their consent to the Company holding and processing their personal data
• The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see clause 18 of this Policy for further details concerning data subjects’ rights to object)
• The personal data has been processed unlawfully
• The personal data needs to be erased in order for the Company to comply with a particular legal obligation.

Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure will be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject will be informed of the need for the extension).

In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties will be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

Restriction of personal data processing

Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company will retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.

In the event that any affected personal data has been disclosed to third parties, those parties will be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

Data portability

Where data subjects have given their consent to the Company to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).

To facilitate the right of data portability, the Company will make available all applicable personal data to data subjects in the following format[s]:

• Secure PDF format

Where technically feasible, if requested by a data subject, personal data will be sent directly to another data controller.

All requests for copies of personal data will be complied with within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject will be informed of the need for the extension).

Objections to personal data processing

Data subjects have the right to object to the Company processing their personal data based on legitimate interests, direct marketing including profiling and statistics purposes.

Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company will cease such processing forthwith, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.

Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company will cease such processing forthwith.

Where a data subject objects to the Company processing their personal data for statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.

Automated decision making

In the event that the company uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.

The right described in clause 19.1 does not apply in the following circumstances:

• The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject
• The decision is authorised by law
• The Data subject has given their explicit consent.

Profiling

Profiling is a form of automated processing that is intended to evaluate certain personal aspects of an individual, in particular to analyse the performance at work, health, personal preferences, reliability, location, movements etc.  Where the Company uses personal data for profiling purposes, the following will apply:

• Clear information explaining the profiling will be provided, including its significance and the likely consequences
• Appropriate mathematical or statistical procedures will be used
• Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected will be implemented
• All personal data processed for profiling purposes will be secured in order to prevent discriminatory effects arising out of profiling.

Processing data activities

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