Introduction
View/Download a PDF copy of our policy
Helpthemove Limited is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure that our staff understand the rules governing their use of the personal data to which they have access in the course of their work.
Definitions
Business purposes
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and
business development purposes.
Business purposes include the following:
– Compliance with our legal, regulatory and corporate
governance obligations and good practice
– Gathering information as part of investigations by
regulatory bodies or in connection with legal
proceedings or requests
– Ensuring business policies are adhered to (such as
policies covering email and internet use)
– Operational reasons, such as recording transactions,
training and quality control, ensuring the
confidentiality of commercially sensitive information,
security vetting, credit scoring and checking
– Investigating complaints
– Checking references, ensuring safe working
practices, monitoring and managing staff access to
systems and facilities and staff absences,
administration and assessments
– Monitoring staff conduct, disciplinary matters
– Marketing our business
– Improving services
Personal data
‘Personal data’ means 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.
Personal data we gather may include: individuals’ name,
property address, phone number, email address, utilities
information, educational background, financial and pay details,
details of certificates and diplomas, education and skills,
marital status, nationality, job title, and CV.
Special categories of personal data
Special categories of data include information about an
individual’s racial or ethnic origin, political opinions, religious or
similar beliefs, trade union membership (or non-membership),
physical or mental health or condition, criminal offences, or
related proceedings, and genetic and biometric information
—any use of special categories of personal data should be
strictly controlled in accordance with this policy.
Data controller
‘Data controller’ means the natural or legal person, public
authority, agency or other body which, alone or jointly with
others, determines the purposes and means of the processing
of personal data; where the purposes and means of such
processing are determined by law.
Data processor
‘Processor’ means a natural or legal person, public authority,
agency or other body which processes personal data on behalf
of the controller.
Processing
‘Processing’ means any operation or set of operations which is
performed on personal data or on sets of personal data,
whether or not by automated means, such as collection,
recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
Supervisory authority
This is the national body responsible for data protection. The
supervisory authority for our organisation is the Information
Commissioners Office.
Scope
This policy applies to Helpthemove Limited and to all staff, who must be familiar with this policy and comply with its terms.
This policy supplements our other policies relating to internet and email use. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.
Who is responsible for this policy?
Our data protection officer (DPO), has overall responsibility for the day-to-day
implementation of this policy. You should contact us for further information about this policy if necessary.
The Principles
Helpthemove Limited shall comply with the principles of data protection (the
Principles) encapsulated in the EU General Data Protection Regulation and the Data Protection Act 2018. We will make every effort possible in everything we do to comply with these principles. The Principles are:
1. Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and
transparent as to how the data will be used.
2. Limited for its purpose
Data can only be collected for a specific purpose.
3. Data minimisation
Any data collected must be necessary and not excessive for its purpose.
4. Accurate
The data we hold must be accurate and kept up to date.
5. Retention
We cannot store data longer than necessary.
6. Integrity and confidentiality
The data we hold must be kept safe and secure.
Accountability and transparency
We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. We meet the following data protection obligations:
Fully implement all appropriate technical and organisational measures
Maintain up to date and relevant documentation on all processing activities
Conducting Data Protection Impact Assessments where needed
Implement measures to ensure privacy by design and default, including where appropriate:
o Data minimisation
o Pseudonymisation
o Transparency
o Allowing individuals to monitor processing
o Creating and improving security and enhanced privacy procedures on
an ongoing basis
Our procedures
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights. This means that we should not process personal data unless there is a lawful basis to do so.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful. Data subjects have the right to have any data unlawfully processed erased.
Controlling vs. processing data
Helpthemove is classified as a data processor, although as an employer holding employee data, to that extent we are also a Data Controller. We must maintain our appropriate registration with the Information Commissioners Office in order to continue lawfully controlling and processing data.
As a data processor, we must comply with our contractual obligations and act only on the documented instructions of the data controller. If we at any point determine the purpose and means of processing out with the instructions of the controller, we shall be considered a data controller and therefore breach our contract with the controller and have the same liability as the controller. As a data processor, we must:
Not use a sub-processor without written authorisation of the data controller
Co-operate fully with the ICO or other supervisory authority
Ensure the security of the processing
Keep accurate records of processing activities
Notify the controller of any personal data breaches
If you are in any doubt about how we handle data, contact the DPO for clarification.
Lawful basis for processing data
We must establish a lawful basis for processing data. Ensure that any data you are responsible for managing has a written lawful basis approved by the DPO. It is your responsibility to check the lawful basis for any data you are working with and ensure all of your actions comply the lawful basis. At least one of the following conditions must apply whenever we process personal data:
1. Consent We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
2. Contract
The processing is necessary to fulfil or prepare a contract for the individual.
3. Legal obligation
We have a legal obligation to process the data (excluding a contract).
4. Vital interests
Processing the data is necessary to protect a person’s life or in a medical situation.
5. Public function
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
6. Legitimate interest
The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
Deciding which condition to rely on
For lawful basis, the processing must necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose.
Our commitment to the first Principle requires us to document this process and show that we have considered which lawful basis best applies to each processing purpose, and fully justify these decisions.
Special categories of personal data
What are special categories of personal data?
Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
race
ethnic origin
politics
religion
trade union membership
genetics
biometrics (where used for ID purposes)
health
sexual orientation
In most cases where we process special categories of personal data we will require the data subject’s explicit consent to do this unless exceptional circumstances apply, or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed. The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.
Responsibilities
Our responsibilities
Analysing and documenting the type of personal data we hold
Checking procedures to ensure they cover all the rights of the individual
Identify the lawful basis for processing data
Ensuring any consent procedures are lawful
Implementing and reviewing procedures to detect, report and investigate
personal data breaches
Store data in safe and secure ways
Assess the risk that could be posed to individual rights and freedoms should
data be compromised
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DPO.
Data security
We keep personal data secure against loss or misuse. If other organisations
process personal data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third party organisations.
Storing data securely
In cases when data is stored on printed paper, it will be kept in a secure place
where unauthorised personnel cannot access it
Printed data will be shredded when it is no longer needed
Data stored on a computer will be protected by strong passwords that are
changed regularly. We encourage all staff to use a password manager to
create and store their passwords.
Data stored on CDs or memory sticks must be encrypted or password
protected and locked away securely when they are not being used
The DPO must approve any cloud used to store data
Servers containing personal data must be kept in a secure location, away from
general office space
Data will be regularly backed up in line with the company’s backup procedures
Data must never be saved directly to mobile devices such as laptops, tablets
or smartphones without appropriate security protection
All servers containing sensitive data must be approved and protected by
security software
All possible technical measures must be put in place to keep data secure
Data retention
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Transferring data internationally
There are restrictions on international transfers of personal data. We do not transfer personal data abroad, or anywhere else outside of normal rules and procedures.
Rights of individuals
Individuals have rights to their data which we must respect and comply with to the best of our ability. We must ensure individuals can exercise their rights in the following ways:
1. Right to be informed
Providing that any required privacy notices are concise, transparent,
intelligible and easily accessible, and are written in clear and plain language.
Keeping a record of how we use personal data to demonstrate compliance
with the need for accountability and transparency.
2. Right of access
Enabling individuals to access their personal data and supplementary
information
Allowing individuals to be aware of and verify the lawfulness of the processing
activities
3. Right to rectification
We must rectify or amend the personal data of the individual if requested
because it is inaccurate or incomplete.
This must be done without delay, and no later than one month. This can be
extended to two months with permission from the DPO.
4. Right to erasure
We must delete or remove an individual’s data if requested and there is no
compelling reason for its continued processing.
5. Right to restrict processing
We must comply with any request to restrict, block, or otherwise suppress the processing of personal data.
We are permitted to store personal data if it has been restricted, but not
process it further. We must retain enough data to ensure the right to restriction is respected in the future.
6. Right to data portability
We must provide individuals with their data so that they can reuse it for their
own purposes or across different services.
We must provide it in a commonly used, machine-readable format, and send it directly to a controller if requested.
7. Right to object
We must respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
We must respect the right of an individual to object to direct marketing,
including profiling. We do not currently undertake these procedures.
We must respect the right of an individual to object to processing their data for scientific and historical research and statistics. We do not currently undertake these procedures.
8. Rights in relation to automated decision making and profiling
We must respect the rights of individuals in relation to automated decision
making and profiling. We do not currently undertake these procedures.
Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
Privacy notices
When to supply a privacy notice
In regard to any data we process as a Controller, a privacy notice must be supplied at the time the data is obtained if obtained directly from the data subject. If the data is not obtained directly from the data subject, the privacy notice must be provided within a reasonable period of having obtained the data, which mean within one month. Where we are a Data Processor only, we do not provide privacy notices which are the responsibility of the Controller we process for.
If the data is being used to communicate with the individual, then the privacy notice must be supplied at the latest when the first communication takes place.
If disclosure to another recipient is envisaged, then the privacy notice must be
supplied prior to the data being disclosed.
What to include in a privacy notice
Privacy notices must be concise, transparent, intelligible and easily accessible. They are provided free of charge and must be written in clear and plain language, particularly if aimed at children.
The following information must be included in a privacy notice to all data subjects:
Identification and contact information of the data controller and the data
protection officer
The purpose of processing the data and the lawful basis for doing so
The legitimate interests of the controller or third party, if applicable
The right to withdraw consent at any time, if applicable
The category of the personal data (only for data not obtained directly from the
data subject)
Any recipient or categories of recipients of the personal data
Detailed information of any transfers to third countries and safeguards in place
The retention period of the data or the criteria used to determine the retention
period, including details for the data disposal after the retention period
The right to lodge a complaint with the ICO, and internal complaint procedures
The source of the personal data, and whether it came from publicly available
sources (only for data not obtained directly from the data subject)
Any existence of automated decision making, including profiling and
information about how those decisions are made, their significances and
consequences to the data subject
Whether the provision of personal data is part of a statutory of contractual
requirement or obligation and possible consequences for any failure to provide
the data (only for data obtained directly from the data subject)
Subject Access Requests
What is a subject access request?
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.
How we deal with subject access requests
We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We
endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual must be informed within one month. You must obtain approval from the DPO before extending the deadline.
We can refuse to respond to certain requests, and can, in circumstances of the
request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting. This can only be done with express permission from the DPO.
Once a subject access request has been made, you must not change or amend any of the data that has been requested. Doing so is a criminal offence.
Data portability requests
We must provide the data requested in a structured, commonly used and machine-readable format. This would normally be a CSV file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This must be done free of charge and without delay, and no later than one month. This can be extended to two months for complex or numerous requests, but the individual must be informed of the extension within one month and you must receive express permission from the DPO first.
Right to erasure
What is the right to erasure?
Individuals have a right to have their data erased and for processing to cease in the following circumstances:
Where the personal data is no longer necessary in relation to the purpose for which it was originally collected and / or processed
Where consent is withdrawn
Where the individual objects to processing and there is no overriding
legitimate interest for continuing the processing
The personal data was unlawfully processed or otherwise breached data
protection laws
To comply with a legal obligation
The processing relates to a child
How we deal with the right to erasure
We can only refuse to comply with a right to erasure in the following circumstances:
To exercise the right of freedom of expression and information
To comply with a legal obligation for the performance of a public interest task or exercise of official authority
For public health purposes in the public interest
For archiving purposes in the public interest, scientific research, historical
research or statistical purposes
The exercise or defence of legal claims
If personal data that needs to be erased has been passed onto other parties or
recipients, they must be contacted and informed of their obligation to erase the data.
If the individual asks, we must inform them of those recipients.
The right to object
Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:
We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
The processing relates to the establishment, exercise or defence of legal
claims.
We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.
The right to restrict automated profiling or decision making
We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:
It is necessary for the entry into or performance of a contract.
Based on the individual’s explicit consent.
Otherwise authorised by law.
In these circumstances, we must:
Give individuals detailed information about the automated processing.
Offer simple ways for them to request human intervention or challenge any
decision about them.
Carry out regular checks and user testing to ensure our systems are working
as intended.
Third parties
Using third party controllers and processors
As a data processor, we have written contracts in place with any third party data controllers (and/or) data processors that we use. The contract contains specific clauses which set out our and their liabilities, obligations and responsibilities.
As a data processor, we must only act on the documented instructions of a
controller. We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.
Contracts
Our contracts must comply with the standards set out by the ICO and, where
possible, follow the standard contractual clauses which are available. Our contracts with data controllers (and/or) data processors must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.
At a minimum, our contracts must include terms that specify:
Acting only on written instructions
Those involved in processing the data are subject to a duty of confidence
Appropriate measures will be taken to ensure the security of the processing
Sub-processors will only be engaged with the prior consent of the controller
and under a written contract
The controller will assist the processor in dealing with subject access requests
and allowing data subjects to exercise their rights under GDPR
The processor will assist the controller in meeting its GDPR obligations in
relation to the security of processing, notification of data breaches and
implementation of Data Protection Impact Assessments
Delete or return all personal data at the end of the contract
Submit to regular audits and inspections and provide whatever information
necessary for the controller and processor to meet their legal obligations.
Nothing will be done by either the controller or processor to infringe on GDPR.
Criminal offence data
Criminal record checks
Any criminal record checks must be justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such.
Audits, monitoring and training
Data audits
Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.
Monitoring
Everyone must observe this policy. The DPO has overall responsibility for this
policy. Helpthemove Limited will keep this policy under review and amend or change it as required. You must notify the DPO of any breaches of this policy. You must comply with this policy fully and at all times.
Training
Our staff will receive adequate training on provisions of data protection law specific for their role.
Reporting breaches
Any breach of this policy or of data protection laws must be reported as soon as practically possible. This means as soon as we have become aware of a breach. Helpthemove Limited has a legal obligation to report any data breaches to the ICO within 72 hours.
All members of staff have an obligation to report actual or potential data protection compliance failures. This allows us to:
Investigate the failure and take remedial steps if necessary
Maintain a register of compliance failures
Notify the ICO of any compliance failures that are material either in their own right or as part of a pattern of failures
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CONTACT
Helpthemove Ltd
5 Parsonage
Manchester
M3 2HS
support@helpthemove.co.uk
