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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.
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:
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:
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 Where any inaccurate or out-of-date personal data is found, all reasonable steps will be taken without delay to amend or erase that personal data, as appropriate.
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.
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.
The Company will keep written internal records of all personal data collection, holding, and processing, which will incorporate the following information:
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 rights of data subjects
The Regulation sets out the following rights applicable to data subjects:
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 data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time
The information set out above in clause 12.1 will be provided to the data subject:
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:
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).
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]:
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:
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:
Processing data activities
The following personal data may be collected, held, and processed by the Company:
|Type of Data||Purpose of Processing||Type of recipient to whom Personal data is transferred||Retention Period|
|Name||Legal Identification||HMRC, Pension, Auditor, HR, Client.||7 years|
|Address||Correspondence||HMRC, Pension, Auditor, HR||7 years|
|National Insurance No.||Payroll||HMRC, Pension, Auditor, HR||7 years|
|D.O.B.||Legal Identification||HMRC, Pension, Auditor, HR||7 years|
|Salary||Payroll||HMRC, Pension, Auditor, HR||7 years|
|PAYE Information||HMRC, Tax, Payroll||HMRC, Pension, Auditor,||7 years|
|Tax Information||HMRC, Payroll||HMRC, Pension, Auditor,||7 years|
|Passport or proof of residence||Proof of legal UK residence||HMRC, Pension, Auditor, HR||7 years|
|Correspondence||Pension, HR,||7 years|
|Phone Numbers||Correspondence||Pension, HR||7 years|
|Bank Information||Payroll||HMRC, Pension, Auditor||7 years|
|Other Financial Information||Payroll||HMRC, Pension, Auditor||7 years|
|Qualifications and Experience||Proof of competence||Auditor, HR, Client||7 years|
|Photo ID||Legal Identification||Auditor, HR, Client||7 years|
|Driving Licence and History||Company and Personnel Insurances||Auditor, HR||7 years|
|Medical Information and Next of Kin||Health and Safety||Auditor, HR||7 years|
|Location in regards to Company Vehicles by Tracking software||Company Insurance||Auditor, HMRC Compliance||7 years|
|Car Insurance||Company Insurance||Auditor, HR||7 years|
|Sample Signatures||Legal Identification||Auditor||7 years|
|Basic information (Name, Address, NINO, DOB, Employment dates, Job title)||Employers liability insurance claims||Insurers||Unlimited|
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