1. Introduction
This Policy sets out the obligations of Schala Ltd, a company registered
in England under number 12726436, whose registered office is at 1st Floor,
2 Woodberry Grove, Finchley, London N12 0DJ ("the Company") regarding
data protection and the rights of members and guests of all clubs, societies,
organisations, associations and any other type of such a similar group
("data subjects") in respect of their personal data under EU
Regulation 2016/679 General Data Protection Regulation ("GDPR").
The GDPR defines "personal data" as any information relating
to an identified or identifiable natural person (a "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 the Company's obligations regarding the collection,
processing, transfer, storage, and disposal of 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 the letter of the law, but also to
the spirit of the law and places 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.
2. The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out
the following principles with which any party handling personal data must
comply. All personal data must be:
2.1 Processed lawfully, fairly, and in a transparent manner in relation
to the data subject.
2.2 Collected for specified, 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 shall not be considered to be incompatible with the initial purposes.
2.3 Adequate, relevant, and limited to what is necessary in relation to
the purposes for which it is processed.
2.4 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 it is processed, is erased, or rectified
without delay.
2.5 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 the
personal data 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 GDPR in order to safeguard
the rights and freedoms of the data subject.
2.6 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.
3. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects
(please refer to the parts of this policy indicated for further details):
3.1 The right to be informed (Part 12).
3.2 The right of access (Part 13);
3.3 The right to rectification (Part 14);
3.4 The right to erasure (also known as the 'right to be forgotten')
(Part 15);
3.5 The right to restrict processing (Part 16);
3.6 The right to data portability (Part 17);
3.7 The right to object (Part 18); and
3.8 Rights with respect to automated decision-making and profiling
(Parts 19 and 20).
4. Lawful, Fair, and Transparent Data Processing
4.1 The GDPR seeks to ensure that personal data is processed lawfully,
fairly, and transparently, without adversely affecting the rights of the data
subject. The GDPR states that processing of personal data shall be lawful if at
least one of the following applies:
4.1.1 The data subject has given consent to the processing of their
personal data for one or more specific purposes;
4.1.2 The 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 with them;
4.1.3 The processing is necessary for compliance with a legal obligation
to which the data controller is subject;
4.1.4 The processing is necessary to protect the vital interests of the
data subject or of another natural person;
4.1.5 The 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; or
4.1.6 The 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 fundamental rights and freedoms of the data
subject which require protection of personal data, in
particular where the data subject is a child.
4.2 [If the personal data in question is
"special category data" (also known as "sensitive personal
data") (for example, data concerning the data subject's race, ethnicity,
politics, religion, trade union membership, genetics, biometrics (if used for
ID purposes), health, sex life, or sexual orientation), at least one of the
following conditions must be met:
4.2.1 The data subject has given their explicit consent to the
processing of such data for one or more specified purposes (unless EU or EU
Member State law prohibits them from doing so);
4.2.2 The processing is necessary for the purpose of carrying out the
obligations and exercising specific rights of the data controller or of the
data subject in the field of employment, social security, and social protection
law (insofar as it is authorised by EU or EU Member State law or a collective
agreement pursuant to EU Member State law which provides for appropriate
safeguards for the fundamental rights and interests of the data subject);
4.2.3 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;
4.2.4 The data controller is a foundation, association, or other
non-profit body with a political, philosophical, religious, or trade union aim,
and the processing is carried out in the course of its legitimate activities,
provided that the processing relates solely to the members or former members of
that body or to persons who have regular contact with it in connection with its
purposes and that the personal data is not disclosed outside the body without
the consent of the data subjects;
4.2.5 The processing relates to personal data which is clearly made
public by the data subject;
4.2.6 The processing is necessary for the conduct of legal claims or
whenever courts are acting in their judicial capacity;
4.2.7 The processing is necessary for substantial public interest
reasons, on the basis of EU or EU Member State law which shall be proportionate
to the aim pursued, shall respect the essence of the right to data protection,
and shall provide for suitable and specific measures to safeguard the
fundamental rights and interests of the data subject;
4.2.8 The processing is necessary for the purposes of preventative or
occupational medicine, for the assessment of the working capacity of an
employee, for medical diagnosis, for the provision of health or social care or
treatment, or the management of health or social care systems or services on
the basis of EU or EU Member State law or pursuant to a contract with a health
professional, subject to the conditions and safeguards referred to in Article
9(3) of the GDPR;
4.2.9 The processing is necessary for public interest reasons in the area of public health, for example, protecting
against serious cross-border threats to health or ensuring high standards of
quality and safety of health care and of medicinal products or medical devices,
on the basis of EU or EU Member State law which provides for suitable and
specific measures to safeguard the rights and freedoms of the data subject (in
particular, professional secrecy); or
4.2.10 The processing is necessary for archiving purposes in the public
interest, scientific or historical research purposes, or statistical purposes in
accordance with Article 89(1) of the GDPR based on EU or EU Member State law
which shall be proportionate to the aim pursued, respect the essence of the
right to data protection, and provide for suitable and specific measures to
safeguard the fundamental rights and the interests of the data subject.]
5. Specified, Explicit, and Legitimate Purposes
5.1 The Company collects and processes the personal data set out in Part
21 of this Policy. This includes:
5.1.1 Personal data collected directly from data subjects and
5.1.2 Personal data obtained from third parties.
5.2 The Company only collects, processes, and holds personal data for
the specific purposes set out in Part 21 of this Policy (or for other purposes
expressly permitted by the GDPR).
5.3 Data subjects are kept informed at all times of the purpose or
purposes for which the Company uses their personal data. Please refer to Part
12 for more information on keeping data subjects informed.
6. 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 or purposes of which data subjects
have been informed (or will be informed) as under Part 5, above, and as set out
in Part 21, below.
7. Accuracy of Data and Keeping Data Up-to-Date
7.1 The Company shall ensure that all personal data collected,
processed, and held by it is kept accurate and up-to-date.
This includes, but is not limited to, the rectification of personal data at the
request of a data subject, as set out in Part 14, below.
7.2 The accuracy of personal data shall be checked when it is collected
and at 12 monthly intervals thereafter or when it is requested to be done in
writing by the data collector. If any personal data is found to be inaccurate
or out-of-date, all reasonable steps will be taken without delay to amend or
erase that data, as appropriate.
8. Data Retention
8.1 The Company shall not keep personal data for any longer than is
necessary in light of the purpose or purposes for
which that personal data was originally collected, held, and processed.
8.2 When personal data is no longer required, all reasonable steps will
be taken to erase or otherwise dispose of it without delay.
8.3 For full details of the Company's approach to data retention,
including retention periods for specific personal data types held by the
Company, please refer to our Data Retention Policy.
9. Secure Processing
The Company shall ensure that all personal data collected, held, and
processed is kept secure and protected against unauthorised or unlawful
processing and against accidental loss, destruction, or damage. Further details
of the technical and organisational measures which shall be taken are provided
in Parts 22 to 27 of this Policy.
10. Accountability and Record-Keeping
10.1 The Company's Data Protection Officer is Richard Steele, emailrsteele@Schalagolf.com or telephone 01483 604864.
10.2 The Data Protection Officer shall be responsible for overseeing the
implementation of this Policy and for monitoring compliance with this Policy,
the Company's other data protection-related policies, and with the GDPR and
other applicable data protection legislation.
10.3 The Company shall keep written internal records of all personal
data collection, holding, and processing, which shall incorporate the following
information:
10.3.1 The name and details of the Company, its Data Protection Officer,
and any applicable third-party data processors;
10.3.2 The purposes for which the Company collects, holds, and processes
personal data;
10.3.3 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;
10.3.4 Details of any transfers of personal data to non-EEA countries including
all mechanisms and security safeguards;
10.3.5 Details of how long personal data will be retained by the Company
(please refer to the Company's Data Retention Policy); and
10.3.6 Detailed descriptions of all technical and organisational
measures taken by the Company to ensure the security of personal data.
11. Data Protection Impact Assessments
11.1 The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data
which involve the use of new technologies and the processing involved is likely
to result in a high risk to the rights and freedoms of data subjects under the
GDPR.
11.2 Data Protection Impact Assessments shall be overseen by the Data
Protection Officer and shall address the following:
11.2.1 The type(s) of personal data that will be collected, held, and processed;
11.2.2 The purpose(s) for which personal data is to be used;
11.2.3 The Company's objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or external) who are to be consulted;
11.2.6 The necessity and proportionality of the data processing with
respect to the purpose(s) for which it is being processed;
11.2.7 Risks posed to data subjects;
11.2.8 Risks posed both within and to the Company; and
11.2.9 Proposed measures to minimise and handle identified risks.
12. Keeping Data Subjects Informed
12.1 The Company shall provide the information set out in Part 12.2 to
every data subject:
12.1.1 Where personal data is collected directly from data subjects,
those data subjects will be informed of its purpose at the time of collection;
and
12.1.2 Where personal data is obtained from a third party, the relevant
data subjects will be informed of its purpose:
a) if the personal data is used to communicate with the data subject,
when the first communication is made; or
b) if the personal data is to be transferred to another party, before
that transfer is made; or
c) as soon as reasonably possible and in any event not more than one
month after the personal data is obtained.
12.2 The following information shall be provided:
12.2.1 Details of the Company including, but not limited to, the
identity of its Data Protection Officer;
12.2.2 The purpose(s) for which the personal data is being collected and
will be processed (as detailed in Part 21 of this Policy) and the legal basis
justifying that collection and processing;
12.2.3 Where applicable, the legitimate interests upon which the Company
is justifying its collection and processing of the personal data;
12.2.4 Where the personal data is not obtained directly from the data
subject, the categories of personal data collected and processed;
12.2.5 Where the personal data is to be transferred to one or more third
parties, details of those parties;
12.2.6 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 Part 28 of this Policy for further details);
12.2.7 Details of data retention;
12.2.8 Details of the data subject's rights under the GDPR;
12.2.9 Details of the data subject's right to withdraw their consent to
the Company's processing of their personal data at any time;
12.2.10Details of the data subject's right to complain to the
Information Commissioner's Office (the "supervisory authority" under
the GDPR);
12.2.11Where 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; and
12.2.12Details of any automated decision-making or profiling that will
take place using the personal data, including information on how decisions will
be made, the significance of those decisions, and any consequences.
13. Data Subject Access
13.1 Data subjects may make subject access requests ("SARs")
at any time to find out more about the personal data which the Company holds
about them, what it is doing with that personal data, and why.
13.2 Data subjects wishing to make a SAR may do so in writing, using the
Company's Subject Access Request Form, or other written communication. SARs
should be addressed to the Company's Data Protection Officer at rsteele@Schalagolf.com
13.3 Responses to SARs shall normally be made within one month of
receipt, however this may be extended by up to two months if the SAR is complex
and/or numerous requests are made. If such additional time is required, the
data subject shall be informed.
13.4 All SARs received shall be handled by the Company's Data Protection
Officer.
13.5 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.
14. Rectification of Personal Data
14.1 Data subjects have the right to require the Company to rectify any
of their personal data that is inaccurate or incomplete.
14.2 The Company shall rectify the personal data in question, and inform
the data subject of that rectification, within one month of the data subject
informing the Company of the issue. The period can be extended by up to two
months in the case of complex requests. If such additional time is required,
the data subject shall be informed.
14.3 In the event that any affected personal data has been disclosed to
third parties, those parties shall be informed of any rectification that must
be made to that personal data.
15. Erasure of Personal Data
15.1 Data subjects have the right to request that the Company erases the
personal data it holds about them in the following circumstances:
15.1.1 It is no longer necessary for the Company to hold that personal
data with respect to the purpose(s) for which it was originally collected or processed;
15.1.2 The data subject wishes to withdraw their consent to the Company
holding and processing their personal data;
15.1.3 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 Part 18 of this Policy for further
details concerning the right to object);
15.1.4 The personal data has been processed unlawfully;
15.1.5 The personal data needs to be erased in order for the Company to
comply with a particular legal obligation;
15.1.6 The personal data is being held and processed for the purpose of
providing information society services to a child.
15.2 Unless the Company has reasonable grounds to refuse to erase
personal data, all requests for erasure shall be complied with, and the data
subject informed of the erasure, within one month of receipt of the data subject's
request. The period can be extended by up to two months in the case of complex
requests. If such additional time is required, the data subject shall be
informed.
15.3 In the event that any personal data that is to be erased in
response to a data subject's request has been disclosed to third parties, those
parties shall be informed of the erasure (unless it is impossible or would
require disproportionate effort to do so).
16. Restriction of Personal Data Processing
16.1 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 shall retain only the amount of personal data concerning that data
subject (if any) that is necessary to ensure that the personal data in question
is not processed further.
16.2 In the event that any affected personal data has been disclosed to
third parties, those parties shall be informed of the applicable restrictions
on processing it (unless it is impossible or would require disproportionate
effort to do so).
17. [Data Portability
17.1 The Company processes personal data using various automated means.
17.2 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 right, under the GDPR, to receive a copy of
their personal data and to use it for other purposes (namely transmitting it to
other data controllers).
17.3 To facilitate the right of data portability, the Company shall make
available all applicable personal data to data subjects in the following
formats:
17.4 : .pdf, .csv, .xlsx or .docx.
17.4.1 Other formats reasonably available and requested by the data
subject.
17.5 Where technically feasible, if requested by a data subject,
personal data shall be sent directly to the required data controller.
17.6 All requests for copies of personal data shall be complied with
within one month of the data subject's request. The period can be extended by
up to two months in the case of complex or numerous requests. If such
additional time is required, the data subject shall be informed.
18. Objections to Personal Data Processing
18.1 Data subjects have the right to object to the Company processing
their personal data based on legitimate interests, direct marketing (including
profiling), [and processing for scientific and/or
historical research and statistics purposes].
18.2 Where a data subject objects to the Company processing their
personal data based on its legitimate interests, the Company shall cease such
processing immediately, unless it can be demonstrated that the Company's
legitimate grounds for such processing override the data subject's interests, rights,
and freedoms, or that the processing is necessary for the conduct of legal
claims.
18.3 Where a data subject objects to the Company processing their
personal data for direct marketing purposes, the Company shall cease such
processing immediately.
18.4 Where a data subject objects to the Company processing their
personal data for scientific and/or historical research and statistics
purposes, the data subject must, under the GDPR, "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.
19. Automated Decision-Making
19.1 The Company uses personal data in automated decision-making
processes to suggest potential like minded people for
the data subject to contact.
19.2 Where such decisions have a legal (or similarly significant effect)
on data subjects, those data subjects have the right to challenge to such
decisions under the GDPR, requesting human intervention, expressing their own
point of view, and obtaining an explanation of the decision from the Company.
19.3 The right described in Part 19.2 does not apply in the following
circumstances:
19.3.1 The decision is necessary for the entry into, or performance of,
a contract between the Company and the data subject;
19.3.2 The decision is authorised by law; or
19.3.3 The data subject has given their explicit consent.
20. Profiling
20.1 The Company uses personal data for profiling purposes. The personal
data is used to compare data subjects with each other for the purpose of the
automated suggestion process to match their profiles so as the data subjects
may potentially make contact with each other for
sociable and sporting purposes, always within the confines of the clubs,
societies, organisations, associations and any other type of such a similar
group of which they belong or of which they are members or guests.
20.2 When personal data is used for profiling purposes, the following
shall apply:
20.2.1 Clear information explaining the profiling shall be provided to
data subjects, including the significance and likely consequences of the profiling;
20.2.2 Appropriate mathematical or statistical procedures shall be used;
20.2.3 Technical and organisational measures shall be implemented to
minimise the risk of errors. If errors occur, such measures must enable them to
be easily corrected; and
20.2.4 All personal data processed for profiling purposes shall be
secured in order to prevent discriminatory effects
arising out of profiling (see Parts 22 to 26 of this Policy for more details on
data security).
21. Personal Data Collected, Held, and Processed
The following personal data is collected, held, and processed by the
Company (for details of data retention, please refer to the Company's Data
Retention Policy):
Data Ref. |
Type of Data |
Purpose of Data |
Forename |
Forename |
To properly distinguish the data subject from other data subjects. |
Surname |
Surname |
To properly distinguish the data subject from other data subjects. |
Photo |
Photograph |
To properly distinguish the data subject from other data subjects and
identify them for the sake of recognition. |
Telephone |
Mobile phone no. |
To be able to make contact with the data
subject via their mobile telephone and to allow others to make contact but
only with the data subjects explicit permission and acceptance. |
Email Address |
Email address |
To be able to uniquely identify the data subject as part of the club,
society, organisation, association and any other
type of such a similar group of which they belong or of which they are
members or guests. |
Postcode |
Postcode |
To ascertain the distance of travel to the club, society,
organisation, association and any other type of such
a similar group of which they belong or of which they are members or guests
and to see if there is any area of similarity to other data subjects |
Hobbies |
Hobbies & interests |
To be able to better identify the data subjects
preferences in an effort to better serve their expectations and suggest
introductions to other like minded data subjects. |
Playing Days |
Playing days |
To be able to better identify the data subjects
preferences in an effort to better serve their expectations and suggest
introductions to other like minded data subjects. |
Smoker |
Smoking |
To be able to better identify the data subjects
preferences in an effort to better serve their expectations and suggest
introductions to other like minded data subjects. |
Handicap |
Handicap |
To be able to inform all data subjects of the club, society,
organisation, association and any other type of such
a similar group of which they belong or of which they are members or guests
of their playing ability. |
Preference |
Preferred handicap |
To be able to better identify the data subjects
preferences in an effort to better serve their expectations and suggest
introductions to other like minded data subjects. |
Gender |
Gender |
To properly distinguish the data subject from other data subjects. |
Date of Birth |
Date of Birth |
To be able to correctly identify the data subjects in an effort to
better serve their expectations and suggest introductions to other like minded data subjects. |
22. Data Security - Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with
respect to all communications and other transfers involving personal data:
22.1 All emails containing personal data must be encrypted using
standard data encryption methods may be as deemed necessary by the Company from
time to time but not limited to anything particular;
22.2 All emails containing personal data must be marked
"confidential";
22.3 Personal data may be transmitted over secure networks only;
transmission over unsecured networks is not permitted in any circumstances;
22.4 Personal data may not be transmitted over a wireless network if
there is a wired alternative that is reasonably practicable;
22.5 Personal data contained in the body of an email, whether sent or
received, should be copied from the body of that email
and stored securely. The email itself should be deleted. All temporary files
associated therewith should also be deleted using standard file deletion processes;
22.6 Where personal data is to be sent by facsimile transmission the
recipient should be informed in advance of the transmission and should be
waiting by the fax machine to receive the data;
22.7 Where personal data is to be transferred in hardcopy form it should
be passed directly to the recipient or sent using Royal Mail recorded or
registered services or by any reasonably recognised mainstream parcel courier
service which utilises signed receipt on delivery processes;
22.8 All personal data to be transferred physically, whether in hardcopy
form or on removable electronic media shall be transferred in a suitable
container marked "confidential".
23. Data Security - Storage
The Company shall ensure that the following measures are taken with
respect to the storage of personal data:
23.1 All electronic copies of personal data should be stored securely
using passwords and AES data encryption;
23.2 All hardcopies of personal data, along with any electronic copies
stored on physical, removable media should be stored securely in a locked box,
drawer, cabinet, or similar;
23.3 All personal data stored electronically should be backed up every
24 hours or less with backups stored offsite. All backups should be encrypted
using AES data encryption;
23.4 No personal data should be stored on any mobile device (including,
but not limited to, laptops, tablets, and smartphones), whether such device
belongs to the Company or otherwise without the formal written approval of
Richard Steele at rsteele@Schala.co.uk, the Company Data Protection Officer
and, in the event of such approval, strictly in accordance with all
instructions and limitations described at the time the approval is given, and
for no longer than is absolutely necessary; and
23.5 No personal data should be transferred to any device personally
belonging to an employee and personal data may only be transferred to devices
belonging to agents, contractors, or other parties working on behalf of the
Company where the party in question has agreed to comply fully with the letter
and spirit of this Policy and of the GDPR (which may include demonstrating to
the Company that all suitable technical and organisational measures have been
taken).
24. Data Security - Disposal
When any personal data is to be erased or otherwise disposed of for any
reason (including where copies have been made and are no longer needed), it
should be securely deleted and disposed of. For further information on the
deletion and disposal of personal data, please refer to the Company's Data
Retention Policy.
25. Data Security - Use of Personal Data
The Company shall ensure that the following measures are taken with
respect to the use of personal data:
25.1 No personal data may be shared informally and if an employee,
agent, sub-contractor, or other party working on behalf of the Company requires
access to any personal data that they do not already have access to, such
access should be formally requested from Richard Steele at rsteele@Schala.co.uk,
the Company Data Protection Officer;
25.2 No personal data may be transferred to any employees, agents,
contractors, or other parties, whether such parties are working on behalf of
the Company or not, without the authorisation of Richard Steele at rsteele@Schala.co.uk,
the Company Data Protection Officer;
25.3 Personal data must be handled with care at all times and should not
be left unattended or on view to unauthorised employees, agents,
sub-contractors, or other parties at any time;
25.4 If personal data is being viewed on a computer screen and the
computer in question is to be left unattended for any period
of time, the user must lock the computer and screen before leaving it;
and
25.5 Where personal data held by the Company is used for marketing
purposes, it shall be the responsibility of Richard Steele, the Company Data
Protection Officer to ensure that the appropriate consent is obtained and that
no data subjects have opted out, whether directly or via a third-party service
such as the TPS.
26. Data Security - IT Security
The Company shall ensure that the following measures are taken with
respect to IT and information security:
26.1 All passwords used to protect personal data should be changed
regularly and should not use words or phrases that can be easily guessed or
otherwise compromised. All passwords must contain at least 6 (six) characters
being a combination of uppercase and lowercase letters, numbers, and symbols or
as otherwise specifically chosen by the data subject;
26.2 Under no circumstances should any passwords be written down or
shared between any employees, agents, contractors, or other parties working on
behalf of the Company, irrespective of seniority or department. If a password
is forgotten, it must be reset using the applicable method. IT staff do not
have access to passwords;
26.3 All software (including, but not limited to, applications and
operating systems) shall be kept up-to-date. The
Company's IT staff shall be responsible for installing any
and all security-related updates not more than 72 hours after the updates
are made available by the publisher or manufacturer or as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; and
26.4 No software may be installed on any Company-owned computer or
device without the prior approval of Richard Steele, the Company Data
Protection Officer.
27. Organisational Measures
The Company shall ensure that the following measures are taken with
respect to the collection, holding, and processing of personal data:
27.1 All employees, agents, contractors, or other parties working on
behalf of the Company shall be made fully aware of both their individual
responsibilities and the Company's responsibilities under the GDPR and under
this Policy, and shall be provided with a copy of this Policy;
27.2 Only employees, agents, sub-contractors, or other parties working
on behalf of the Company that need access to, and use of, personal data in
order to carry out their assigned duties correctly shall have access to
personal data held by the Company;
27.3 All employees, agents, contractors, or other parties working on
behalf of the Company handling personal data will be appropriately trained to
do so;
27.4 All employees, agents, contractors, or other parties working on
behalf of the Company handling personal data will be appropriately supervised;
27.5 All employees, agents, contractors, or other parties working on
behalf of the Company handling personal data shall be required and encouraged
to exercise care, caution, and discretion when discussing work-related matters
that relate to personal data, whether in the workplace or otherwise;
27.6 Methods of collecting, holding, and processing personal data shall
be regularly evaluated and reviewed;
27.7 All personal data held by the Company shall be reviewed
periodically, as set out in the Company's Data Retention Policy;
27.8 The performance of those employees, agents, contractors, or other
parties working on behalf of the Company handling personal data shall be
regularly evaluated and reviewed;
27.9 All employees, agents, contractors, or other parties working on
behalf of the Company handling personal data will be bound to do so in
accordance with the principles of the GDPR and this Policy by contract;
27.10 All agents, contractors, or other parties working on behalf of the
Company handling personal data must ensure that any and all
of their employees who are involved in the processing of personal data are held
to the same conditions as those relevant employees of the Company arising out
of this Policy and the GDPR; and
27.11 Where any agent, contractor or other party working on behalf of
the Company handling personal data fails in their obligations under this Policy
that party shall indemnify and hold harmless the Company against any costs, liability,
damages, loss, claims or proceedings which may arise out of that failure.
28. Transferring Personal Data to a Country Outside the EEA
28.1 The Company may from time to time transfer
('transfer' includes making available remotely) personal data to countries
outside of the EEA.
28.2 The transfer of personal data to a country outside of the EEA shall
take place only if one or more of the following applies:
28.2.1 The transfer is to a country, territory, or one or more specific
sectors in that country (or an international organisation), that the European
Commission has determined ensures an adequate level of protection for personal data;
28.2.2 The transfer is to a country (or international organisation)
which provides appropriate safeguards in the form of a legally binding
agreement between public authorities or bodies; binding corporate rules;
standard data protection clauses adopted by the European Commission; compliance
with an approved code of conduct approved by a supervisory authority (e.g. the Information
Commissioner's Office); certification under an approved certification mechanism
(as provided for in the GDPR); contractual clauses agreed and authorised by the
competent supervisory authority; or provisions inserted into administrative
arrangements between public authorities or bodies authorised by the competent
supervisory authority;
28.2.3 The transfer is made with the informed consent of the relevant
data subject(s);
28.2.4 The transfer is necessary for the performance of a contract
between the data subject and the Company (or for pre-contractual steps taken at
the request of the data subject);
28.2.5 The transfer is necessary for important public interest reasons;
28.2.6 The transfer is necessary for the conduct of legal claims;
28.2.7 The transfer is necessary to protect the vital interests of the
data subject or other individuals where the data subject is physically or
legally unable to give their consent; or
28.2.8 The transfer is made from a register that, under UK or EU law, is
intended to provide information to the public and which is open for access by
the public in general or otherwise to those who are able to
show a legitimate interest in accessing the register.
29. Data Breach Notification
29.1 All personal data breaches must be reported immediately to the
Company's Data Protection Officer.
29.2 If a personal data breach occurs and that breach is likely to
result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality,
discrimination, reputational damage, or other significant social or economic
damage), the Data Protection Officer must ensure that the Information
Commissioner's Office is informed of the breach without delay, and in any
event, within 72 hours after having become aware of it.
29.3 In the event that a personal data breach is likely to result in a
high risk (that is, a higher risk than that described under Part 29.2) to the
rights and freedoms of data subjects, the Data Protection Officer must ensure
that all affected data subjects are informed of the breach directly and without
undue delay.
29.4 Data breach notifications shall include the following information:
29.4.1 The categories and approximate number of data subjects concerned;
29.4.2 The categories and approximate number of personal data records concerned;
29.4.3 The name and contact details of the Company's data protection
officer (or other contact point where more information can be obtained);
29.4.4 The likely consequences of the breach;
29.4.5 Details of the measures taken, or proposed to be taken, by the
Company to address the breach including, where appropriate, measures to
mitigate its possible adverse effects.
30. Implementation of Policy
This Policy shall be deemed effective as of 27th July
2020. No part of this Policy shall have retroactive effect and shall thus apply
only to matters occurring on or after this date.
This Policy has been approved and authorised by:
Name: |
DAVID SYRETT |
Position: |
CHIEF EXECUTIVE OFFICER |
Date: |
7th July 2020 |
Due for Review by: |
6th July 2025 |
Schala
Limited is incorporated as a Private Limited Company in England and Wales,
company number 12726436. Registered address: 1st Floor, 2 Woodberry Grove,
Finchley, London, N12 0DR, ENGLAND. Schala® is a registered trademark of Schala
Limited. All rights reserved. VAT Registration Number TBA.