Data Protection Policy

1 Overview

1.1 We take the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.

1.2 This policy applies to customers, their authorised representatives and consultants. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy. You should read this policy alongside your Agreement and any other notice we issue to you from time to time in relation to your data.

1.3 We are a ‘data controller’ for the purposes of your personal data unless where stated otherwise by Agreement. This means that we determine the purpose and means of the processing of your personal data.

1.4 This policy explains how we will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for us or on our behalf.

1.5 This policy does not form part of your Agreement and can be amended by us at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR.

2 Data Protection Principles

2.1 Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:

• be processed fairly, lawfully and transparently;
• be collected and processed only for specified, explicit and legitimate purposes;
• be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
• not be kept for longer than is necessary for the purposes for which it is processed; and
• be processed securely.

We are accountable for these principles and must be able to show that we are compliant.

3 How we define personal data

3.1 ‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

3.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.

3.3 This personal data might be provided to us by you, or someone else (such as your company, group, supply chain, authorised representatives, currently or former employee of your company, government agency or consultants), or it could be created by us. It could be provided or created during the course of the contract of employment (or services) or after its termination.

3.4 We may collect and use the following types of personal data about you:

• your contact details and date of birth;
• your job role and title;
• company of employment;
• professional qualifications;
• your gender;
• training records;
• your images (whether captured on CCTV, by photograph or video);
• any other category of personal data which we may notify you of from time to time.

4 How we define special categories of personal data

4.1 ‘Special categories of personal data’ are types of personal data consisting of information as to:

• your political opinions;
• your trade union membership;
• your health;
• any criminal convictions and offences.

We may hold and use any of these special categories of your personal data in accordance with the law.

5 How we define processing

5.1 ‘Processing’ means any operation which is performed on personal data such as:

• collection, recording, organisation, structuring or storage;
• adaption or alteration;
• retrieval, consultation or use;
• disclosure by transmission, dissemination or otherwise making available;
• alignment or combination; and
• restriction, destruction or erasure.

This includes processing personal data which forms part of a filing system and any automated processing.

6 How will we process your personal data?

6.1 We will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

6.2 We will use your personal data for:

• performing the contract of or services between us;
• complying with any legal obligation; or
• if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 12 below.

We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us.

7 Examples of when we might process your personal data

7.1 We have to process your personal data in order to produce reports that you have commissioned, proved training from information you have provided, completed a register of legislation or to manage your online subscription.

Further examples include:

• to decide whether to engage with you;
• to carry out the contract between us including where relevant, its termination;
• training you;
• to monitor and protect our own security (including network security) , your security and that of Cedrec staff, other customers and others;
• to monitor and protect the health and safety of you, our staff, and third parties;
• monitoring compliance by you, us and others with our policies and our contractual obligations;
• to comply with legislation which affect us;
• to answer questions from insurers in respect of any insurance policies which relate to you;
• the prevention and detection of fraud or other criminal offences; and
• for any other reason which we may notify you of from time to time.

7.2 We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:

• where it is necessary for carrying out rights and obligations under the law;
• where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
• where you have made the data public;
• where processing is necessary for the establishment, exercise or defence of legal claims.

8 Sharing your personal data

8.1 Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests.

8.2 We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

8.3 We do not send your personal data outside the European Economic Area. If this stance changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.

9 How to deal with data breaches

9.1 We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.

9.2 If you are aware of a data breach you must contact a Cedrec Director immediately and keep any evidence you have in relation to the breach.

10 Subject access requests

10.1 Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request you should forward it to a Cedrec Director who will coordinate a response.

10.2 If you would like to make a SAR in relation to your own personal data you should make this in writing to a Cedrec Director. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.

10.3 There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.

11 Your data subject rights

11.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.

11.2 You have the right to access your own personal data by way of a subject access request (see above).

11.3 You can correct any inaccuracies in your personal data. To do you should contact a Cedrec Director.

11.4 You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact a Cedrec Director.

11.5 While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact a Cedrec Director.

11.6 You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.

11.7 You have the right to object if we process your personal data for the purposes of direct marketing.

11.8 You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.

11.9 You have the right to be notified of a data security breach concerning your personal data.

11.10 In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact a Cedrec Director.

11.11 You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.