Boldfield Computing is committed to conducting its business in accordance with all applicable Data Protection laws and regulations.
This policy sets forth the expected behaviours of Boldfield Computing’s Employees in relation to the collection, use, retention, transfer, disclosure and destruction of any Personal Data belonging to a Boldfield Computing Contact (i.e. the Data Subject).
Personal Data is any information which relates to an identified or Identifiable Natural Person. Personal Data is subject to certain legal safeguards and other regulations, which impose restrictions on how organisations may process Personal Data. An organisation that handles Personal Data and makes decisions about its use is known as a Data Controller. Boldfield Computing, as a Data Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy. Non-compliance may expose Boldfield Computing to complaints, regulatory action, fines and/or reputational damage.
Boldfield Computing’s leadership is fully committed to ensuring continued and effective implementation of this policy, and expects all Boldfield Computing Employees to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.
This policy has been approved by Boldfield Computing’s Data Compliance Officer, Iain McFarlane
This policy applies to all Processing of Personal Data in electronic form (including electronic mail and documents created with word processing software) or where it is held in manual files that are structured in a way that allows ready access to information about individuals.
Data Compliance Officer
Boldfield Computing has established a Data Compliance Officer (Iain McFarlane) whose duties include:
- Informing and advising Boldfield Computing and its Employees who carry out Processing pursuant to Data Protection regulations, national law or Union based Data Protection provisions.
- Ensuring the alignment of this policy with Data Protection regulations, national law or Union based Data Protection provisions.
- Acting as a point of contact for and cooperating with Data Protection Authorities
- The establishment and operation of a system providing prompt and appropriate responses to Data Subject requests.
- Informing senior managers, officers, and directors of Boldfield Computing of any potential corporate, civil and criminal penalties which may be levied against Boldfield Computing and/or its Employees for violation of applicable Data Protection laws.
- Ensuring establishment of procedures and standard contractual provisions for obtaining compliance with this Policy by any Third Party who:
- provides Personal Data to a Boldfield Computing Entity
- receives Personal Data from a Boldfield Computing Entity
- has access to Personal Data collected or processed by a Boldfield Computing Entity.
Data Protection by Design
To ensure that all Data Protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing.
Boldfield Computing must ensure that a Data Protection Impact Assessment (DPIA) is conducted for all new and/or revised systems or processes for which it has responsibility. The subsequent findings of the DPIA must then be submitted to the DPO for review and approval.
To confirm that an adequate level of compliance that is being achieved by Boldfield Computing in relation to this policy, the Data Compliance Officer will carry out an annual Data Protection compliance audit. Each audit will, as a minimum, assess:
- Compliance with Policy in relation to the protection of Personal Data, including:
- The assignment of responsibilities.
- Raising awareness.
- Training of Employees.
- The effectiveness of Data Protection related operational practices, including:
- Data Subject rights.
- Personal Data transfers.
- Personal Data incident management.
- Personal Data complaints handling.
- The level of understanding of Data Protection policies and Privacy Notices.
- The accuracy of Personal Data being stored.
- The conformity of Data Processor activities.
- The adequacy of procedures for redressing poor compliance and Personal Data Breaches.
The Data Compliance Officer, in cooperation with management, will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable time frame.
Data Protection Principles
Boldfield Computing has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data:
Principle 1: Lawfulness, Fairness and Transparency
Personal Data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means, Boldfield Computing must tell the Data Subject what Processing will occur (transparency), the Processing must match the description given to the Data Subject (fairness), and it must be for one of the purposes specified in the applicable Data Protection regulation (lawfulness).
Principle 2: Purpose Limitation
Personal Data shall be collected for specified, explicit and legitimate purposes and not further Processed in a manner that is incompatible with those purposes. This means Boldfield Computing must specify exactly what the Personal Data collected will be used for and limit the Processing of that Personal Data to only what is necessary to meet the specified purpose.
Principle 3: Data Minimisation
Personal Data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed. This means Boldfield Computing must not store any Personal Data beyond what is strictly required.
Principle 4: Accuracy
Personal Data shall be accurate and, kept up to date. This means Boldfield Computing must have in place processes for identifying and addressing out-of-date, incorrect and redundant Personal Data.
Principle 5: Storage Limitation
Personal Data shall be 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. This means Boldfield Computing must, wherever possible, store Personal Data in a way that limits or prevents identification of the Data Subject.
Principle 6: Integrity & Confidentiality
Personal Data shall be 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. Boldfield Computing must use appropriate technical and organisational measures to ensure the integrity and confidentiality of Personal Data is maintained at all times.
Principle 7: Accountability
The Data Controller shall be responsible for, and be able to demonstrate compliance. This means Boldfield Computing must demonstrate that the six Data Protection Principles (outlined above) are met for all Personal Data for which it is responsible.
Personal Data should be collected only from the Data Subject unless one of the following apply:
- The nature of the business purpose necessitates collection of the Personal Data from other persons or bodies.
- The collection must be carried out under emergency circumstances in order to protect the vital interests of the Data Subject or to prevent serious loss or injury to another person.
If Personal Data is collected from someone other than the Data Subject, the Data Subject must be informed of the collection unless one of the following apply:
- The Data Subject has received the required information by other means.
- The information must remain confidential due to a professional secrecy obligation
- A national law expressly provides for the collection, Processing or transfer of the Personal Data.
Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:
- One calendar month from the first collection or recording of the Personal Data
- At the time of first communication if used for communication with the Data Subject
- At the time of disclosure if disclosed to another recipient
Data Subject Consent
Boldfield Computing will obtain Personal Data only by lawful and fair means and, where appropriate with the knowledge and Consent of the individual concerned. Where a need exists to request and receive the Consent of an individual prior to the collection, use or disclosure of their Personal Data, Boldfield Computing is committed to seeking such Consent.
Data Subject Notification
Boldfield Computing will, when required by applicable law, contract, or where it considers that it is reasonably appropriate to do so, provide Data Subjects with information as to the purpose of the Processing of their Personal Data.
When the Data Subject is asked to give Consent to the Processing of Personal Data and when any Personal Data is collected from the Data Subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:
- The Data Subject already has the information
- A legal exemption applies to the requirements for disclosure and/or Consent.
The disclosures may be given orally, electronically or in writing. If given orally, the person making the disclosures should use a suitable script or form approved in advance by the Office of Data Protection. The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.
External Privacy Notice
The Boldfield Computing website will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.
Boldfield Computing uses the Personal Data of its Contacts for the following broad purposes:
- The general running and business administration of Boldfield Computing.
- To provide services to Boldfield Computing customers.
- The ongoing administration and management of customer services.
The use of a Contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a Contact’s expectations that their details will be used by Boldfield Computing to respond to a Contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that Boldfield Computing would then provide their details to Third Parties for marketing purposes.
Boldfield Computing will Process Personal Data in accordance with all applicable laws and applicable contractual obligations. More specifically, Boldfield Computing will not Process Personal Data unless at least one of the following requirements are met:
- 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 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 Data Controller is subject.
- Processing is necessary in order 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 Data Controller.
- Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a Third Party (except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject, in particular where the Data Subject is a child).
There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original purpose for which the Personal Data was collected. When making a determination as to the compatibility of the new reason for Processing, guidance and approval must be obtained from the Data Compliance officer before any such Processing may commence.
In any circumstance where Consent has not been gained for the specific Processing in question, Boldfield Computing will address the following additional conditions to determine the fairness and transparency of any Processing beyond the original purpose for which the Personal Data was collected:
- Any link between the purpose for which the Personal Data was collected and the reasons for intended further Processing.
- The context in which the Personal Data has been collected, in particular regarding the relationship between Data Subject and the Data Controller.
- The nature of the Personal Data, in particular whether Special Categories of Data are being Processed, or whether Personal Data related to criminal convictions and offences are being Processed.
- The possible consequences of the intended further Processing for the Data Subject.
- The existence of appropriate safeguards pertaining to further Processing, which may include Encryption, Anonymisation or Pseudonymisation.
Special Categories of Data
Boldfield Computing will only Process Special Categories of Data (also known as sensitive data) where the Data Subject expressly consents to such Processing or where one of the following conditions apply:
- The Processing relates to Personal Data which has already been made public by the Data Subject.
- The Processing is necessary for the establishment, exercise or defence of legal claims.
- The Processing is specifically authorised or required by law.
- The Processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving consent.
- Further conditions, including limitations, based upon national law related to the Processing of genetic data, biometric data or data concerning health.
In any situation where Special Categories of Data are to be Processed, prior approval must be obtained from the Data Compliance Officer and the basis for the Processing clearly recorded with the Personal Data in question. Where Special Categories of Data are being Processed, Boldfield Computing will adopt additional protection measures.
Children are unable to Consent to the Processing of Personal Data for information society services. Consent must be sought from the person who holds parental responsibility over the child.
Boldfield Computing will adopt all necessary measures to ensure that the Personal Data it collects and Processes is complete and accurate in the first instance, and is updated to reflect the current situation of the Data Subject. The measures adopted by Boldfield Computing to ensure data quality include:
- Correcting Personal Data known to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the Data Subject does not request rectification.
- Keeping Personal Data only for the period necessary to satisfy the permitted uses or applicable statutory retention period.
- The removal of Personal Data if in violation of any of the Data Protection principles or if the Personal Data is no longer required.
- Restriction, rather than deletion of Personal Data, insofar as:
- a law prohibits erasure.
- erasure would impair legitimate interests of the Data Subject.
- the Data Subject disputes that their Personal Data is correct and it cannot be clearly ascertained whether their information is correct or incorrect.
As a general rule Boldfield Computing will not send promotional or direct marketing material to an Boldfield Computing Contact through digital channels such as mobile phones, email and the Internet, without first obtaining their Consent. Where Personal Data Processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data Processed for such purposes. If the Data Subject puts forward an objection, digital marketing related Processing of their Personal Data must cease immediately and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted. It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.
To ensure fair Processing, Personal Data will not be retained by Boldfield Computing for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.
The length of time for which Boldfield Computing needs to retain Personal Data is set out in the Boldfield Computing ‘Personal Data Retention Schedule’. All Personal Data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.
Boldfield Computing will adopt physical, technical, and organisational measures to ensure the security of Personal Data. This includes the prevention of loss or damage, unauthorised alteration, access or Processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment.
The minimum set of security measures to be adopted by Boldfield Computing is provided in the Boldfield Computing ‘Information Security Policy’.
Data Subject Requests
Boldfield Computing will establish a system to enable and facilitate the exercise of Data Subject rights related to:
- Information access.
- Objection to Processing.
- Objection to automated decision-making and profiling.
- Restriction of Processing.
- Data portability.
- Data rectification.
- Data erasure.
If an individual makes a request relating to any of the rights listed above, Boldfield Computing will consider each such request in accordance with all applicable Data Protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature.
Data Subjects are entitled to obtain the following information about their own Personal Data:
- The purposes of the collection, Processing, use and storage of their Personal Data.
- The source(s) of the Personal Data, if it was not obtained from the Data Subject;
- The categories of Personal Data stored for the Data Subject.
- The recipients or categories of recipients to whom the Personal Data has been or may be transmitted, along with the location of those recipients.
- The envisaged period of storage for the Personal Data or the rationale for determining the storage period.
- The use of any automated decision-making, including Profiling
- The right of the Data subject to:
- object to Processing of their Personal Data.
- lodge a complaint with the Data Protection Authority.
- request rectification or erasure of their Personal Data.
- request restriction of Processing of their Personal Data.
A response to each request will be provided within 30 days of the receipt of the written request from the Data Subject. Appropriate verification must confirm that the requestor is the Data Subject or their authorised legal representative. Data Subjects shall have the right to require Boldfield Computing to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.
If Boldfield Computing cannot respond fully to the request within 30 days, the following information will be provided to the Data Subject within the specified time:
- An acknowledgement of receipt of the request.
- Any information located to date.
- Details of any requested information or modifications which will not be provided to the Data Subject, the reason(s) for the refusal, and any procedures available for appealing the decision.
- An estimated date by which any remaining responses will be provided.
- An estimate of any costs to be paid by the Data Subject (e.g. where the request is excessive in nature).
- The name and contact information of the Boldfield Computing individual who the Data Subject should contact for follow up.
It should be noted that situations may arise where providing the information requested by a Data Subject would disclose Personal Data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights.
Law Enforcement requests & Disclosures
In certain circumstances, it is permitted that Personal Data be shared without the knowledge or Consent of a Data Subject. This is the case where the disclosure of the Personal Data is necessary for any of the following purposes:
- The prevention or detection of crime.
- The apprehension or prosecution of offenders.
- The assessment or collection of a tax or duty.
- By the order of a court or by any rule of law.
If Boldfield Computing Processes Personal Data for one of these purposes, then it may apply an exception to the Processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question. If Boldfield Computing receives a request from a court or any regulatory or law enforcement authority for information relating to an Boldfield Computing Contact, you must immediately notify the Office of Data Protection who will provide comprehensive guidance and assistance.
Data Protection Training
All Boldfield Computing Employees that have access to Personal Data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, Boldfield Computing will provide regular Data Protection training and procedural guidance for their staff.
The training and procedural guidance set forth will consist of, at a minimum, the following elements:
- The Data Protection Principles set forth in this Policy.
- Each Employee’s duty to use and permit the use of Personal Data only by authorised persons and for authorised purposes.
- The need for, and proper use of, the forms and procedures adopted to implement this policy.
- The correct use of passwords, security tokens and other access mechanisms.
- The importance of limiting access to Personal Data, such as by using password protected screen savers and logging out when systems are not being attended by an authorised person.
- Securely storing manual files, print outs and electronic storage media.
- The need to obtain appropriate authorisation and utilise appropriate safeguards for all transfers of Personal Data outside of the internal network and physical office premises.
- Proper disposal of Personal Data by using secure shredding facilities.
- Any special risks associated with particular departmental activities or duties.
Boldfield Computing may only transfer Personal Data where one of the transfer scenarios list below applies:
- The Data Subject has given Consent to the proposed transfer.
- The transfer is necessary for the performance of a contract with the Data Subject.
- The transfer is necessary for the implementation of pre-contractual measures taken in response to the Data Subject’s request.
- The transfer is necessary for the conclusion or performance of a contract concluded with a Third Party in the interest of the Data Subject.
- The transfer is legally required on important public interest grounds.
- The transfer is necessary for the establishment, exercise or defence of legal claims.
- The transfer is necessary in order to protect the vital interests of the Data Subject.
Boldfield Computing will only transfer Personal Data to, or allow access by, Third Parties when it is assured that the information will be Processed legitimately and protected appropriately by the recipient. Where Third Party Processing takes place, Boldfield Computing will first identify if, under applicable law, the Third Party is considered a Data Controller or a Data Processor of the Personal Data being transferred.
Where the Third Party is deemed to be a Data Controller, Boldfield Computing will enter into an appropriate agreement with the Controller to clarify each party’s responsibilities in respect to the Personal Data transferred.
Where the Third Party is deemed to be a Data Processor, Boldfield Computing will enter into an adequate Processing agreement with the Data Processor. The agreement must require the Data Processor to protect the Personal Data from further disclosure and to only Process Personal Data in compliance with Boldfield Computing instructions. In addition, the agreement will require the Data Processor to implement appropriate technical and organisational measures to protect the Personal Data as well as procedures for providing notification of Personal Data Breaches. When Boldfield Computing is outsourcing services to a Third Party (including Cloud Computing services), they will identify whether the Third Party will Process Personal Data on its behalf and whether the outsourcing will entail any Third Country transfers of Personal Data. In either case, it will make sure to include adequate provisions in the outsourcing agreement for such Processing and Third Country transfers. Boldfield Computing shall conduct regular audits of Processing of Personal Data performed by Third Parties, especially in respect of technical and organisational measures they have in place.
The Data Compliance Officer is responsible for the maintenance and accuracy of this policy. Notice of significant revisions shall be provided to Boldfield Computing Employees.
Boldfield’s policies on your data and the way in which it is used is comprehensively addressed across these 4 documents: