Data Protection Policy

Version:      0.1

Date:        22:05:2018


      1. 1. Policy statement
        1. 1.1 Everyone has rights with regard to the way in which their personal data is handled. During the course of our activities we will collect, store and process personal data about our customers, suppliers and other third parties and we recognise that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations.
        2. 1.2 Data users are obliged to comply with this Data Protection Policy (the “Policy”) when processing personal data on our behalf. Any breach of this Policy is likely to result in disciplinary action. Please ensure to refer to the Data Processing Agreement appended to this Policy.
      2. 2. About this Policy
        1. 2.1 The types of personal data that JOBHERON (a site operated by Jobodo Limited – and every reference to it herein refers to and is interchangeable with us, Jobodo Limited) may be required to handle include information about current, past and prospective applicants, employers, referrers and others that we communicate with. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the “Act”) and other regulations. Where the Act is referred to within this Policy, from the 25th of May 2018 onwards, the corresponding provisions of the General Data Protection Regulation (“GDPR”) are meant and shall apply.
        2. 2.2 This Policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, or that is provided to us by data subjects or other sources.
        3. 2.3 This Policy does not form part of any employee’s contract of employment and may be amended at any time.
        4. 2.4 This Policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer and store personal data.
        5. 2.5 The Data Protection Compliance Manager is responsible for ensuring compliance with the Act and with this Policy. [That post is held by Ben Durrant, 0203 745 3552,] Any questions about the operation of this Policy or any concerns that the Policy has not been followed should be referred in the first instance to the Data Protection Compliance Manager.
      3. 3. Definition of data protection terms
        1. 3.1 Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
        2. 3.2 Data subjects for the purpose of this Policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
        3. 3.3 Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.
        4. 3.4 Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.
        5. 3.5 Data users are those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection Policy and any applicable data security procedures at all times.
        6. 3.6 Data processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. The obligations of data processors arising under the terms of this Policy and the appended Data Processing Agreement apply also to whomsoever processes personal data under the Processor’s instructions, whether as an affiliate, employee, contractor or otherwise. and could also include suppliers which handle personal data on our behalf.
        7. 3.7 Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
        8. 3.8 Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.
      4. 4. Data protection principles
        1. 4.1 Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:
          1. 4.1.1 Processed fairly, lawfully and transparently;
          2. 4.1.2 Processed for limited purposes and in an appropriate way;
          3. 4.1.3 Adequate, relevant and not excessive for the purpose;
          4. 4.1.4 Accurate;
          5. 4.1.5 Not kept longer than necessary for the purpose;
          6. 4.1.6 Processed in line with data subjects’ rights;
          7. 4.1.7 Secure; and
          8. 4.1.8 Not transferred to people or organisations situated in countries without adequate protection.
      5. 5. Fair, lawful and transparent processing
        1. 5.1 The Act is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject.
        2. 5.2 For personal data to be processed lawfully, it must be processed on the basis of one of the legal grounds set out in the Act. These include, among other things, the data subject’s consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, we will ensure that those requirements are met.
        3. 5.3 We will take additional care when designing and implementing data processing activities to ensure that we are fully transparent with data subject so that they are informed of how their personal data will be used and for what purpose.
      6. 6. Processing for limited purposes (purpose limitation principle)
        1. 6.1 In the course of our business, we may collect and process personal data as set out in this Policy. This may include data we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies and others).
        2. 6.2 We will only process personal data for the specific purposes set out in this Policy or for any other purposes specifically permitted by the Act and we will not process personal data collected for a certain purpose for a new, incompatible, purpose. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
      7. 7. Notifying data subjects (transparent communication principle)
        1. 7.1 If we collect personal data directly from data subjects, we will inform them about:
          1. 7.1.1 The purpose or purposes for which we intend to process that personal data;
          2. 7.1.2 The types of third parties, if any, with which we will share or to which we will disclose that personal data; and
          3. 7.1.3 The means, if any, with which data subjects can limit our use and disclosure of their personal data.
        2. 7.2 If we receive personal data about a data subject from other sources, we will provide the data subject with this information as soon as possible thereafter.
        3. 7.3 We will also inform data subjects whose personal data we process that we are the data controller with regard to that data and who the Data Protection Compliance Manager is.
        4. 7.4 All information provided to data subjects regarding the collection and processing of their personal data will be provided in a concise, transparent, intelligible and easily accessible form, using clean and plain language.
      8. 8. Adequate, relevant and limited to what is necessary (data minimisation principle)
        1. 8.1 We will only collect personal data to the extent that it is adequate, relevant and limited to what is necessary in relation to the purposes for which the data is processed i.e. what is required for the specific purpose notified to the data subject.
      9. 9. Accurate and complete data (right of rectification)
        1. 9.1 We will ensure that personal data we hold is accurate, complete and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take every reasonable step to ensure that data which is inaccurate or incomplete is either erased or rectified.
      10. 10. Timely processing and the right to erasure (right to be forgotten)
        1. 10.1 We will not keep personal data for longer than is necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required and in any event all personal data will be automatically deleted after nine months of being used for the original purpose, unless a new lawful purpose exists.
        2. 10.2 Data subjects have the right to erasure of personal data if:
          1. 10.2.1 The personal data is no longer needed for the original purpose and no new lawful purpose exists;
          2. 10.2.2 The lawful basis for the processing is the data subject’s consent and the data subject withdraws that consent and no other lawful ground exists;
          3. 10.2.3 The data subject exercises the right to object and we have no overriding grounds for continuing the processing; or
          4. 10.2.4 Erasure is necessary for compliance with EU or national laws.
      11. 11. Processing in line with data subject’s rights
        1. 11.1 We will process all personal data in line with data subjects’ rights, in particular their right to:
          1. 11.1.1 Request access to any data held about them by a data controller (see also clause 16);
          2. 11.1.2 Prevent the processing of their data for direct-marketing purposes;
          3. 11.1.3 Ask to have inaccurate data amended (see also clause 9);
          4. 11.1.4 Erasure (Right to be forgotten) (see also clause 10); and
          5. 11.1.5 Prevent processing that is likely to cause damage or distress to themselves or anyone else.
        2. 11.2 Right to restrict processing. Data subjects have the right to restrict the processing of personal data in the event that:
          1. 11.2.1 The accuracy of the data is contested (only for as long as it takes to verify the accuracy of the data);
          2. 12.2.2 The processing is unlawful and the data subject requests restriction (as opposed to exercising the right to erasure);
          3. 12.2.3 We no longer require the data for the original purpose but we do require the data in order to establish, exercise or defend legal rights; or
          4. 12.2.4 If verification of overriding grounds is pending, in the context of an erasure request.
        3. 11.3 If we are restricted from processing personal data pursuant to Section 11.2, we will not share that data with any third parties and we may use it only for limited purposes.
      12. 12. Data portability
        1. 12.1 Data subjects have a right to:
          1. 12.1.1 Receive a copy of their personal data in a structured, commonly used, machine-readable format that supports re-use;
          2. 12.1.2 Transfer their personal data from one data controller to another;
          3. 12.1.3 Store their personal data for further personal use on a private device; and
          4. 12.1.4 Have their personal data transmitted directly between controllers without hindrance.
        2. 12.2 We will give effect to these rights by allowing data subjects to directly transmit their data to another controller and through simple mechanisms such as providing direct download tools and ensuring the interoperability of the data format provided.
      13. 13. Data security
        1. 13.1 We will process all personal data we hold in accordance with our Data Security Policy.
        2. 13.2 We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
        3. 13.3 We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
          1. 13.3.1 Confidentiality means that only people who are authorised to use the data can access it;
          2. 13.3.2 Integrity means that personal data should be accurate and suitable for the purpose for which it is processed; and
          3. 13.3.3 Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on the our central computer system instead of on individual PCs.
        4. 13.4 Security procedures include:
          1. 13.4.1 Entry controls. Any stranger seen in entry-controlled areas should be reported.
          2. 13.4.2 Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind (personal information is always considered confidential);
          3. 13.4.3 Methods of disposal. Paper documents should be shredded. Digital storage devices should be physically destroyed when they are no longer required; and
          4. 13.4.4 Equipment. Data users must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
      14. 14. Transferring personal data to a country outside the EEA
        1. 14.1 We may transfer any personal data we hold to a country outside the European Economic Area (“EEA”), provided that one of the following conditions applies:
          1. 14.1.1 The country to which the personal data are transferred ensures an adequate level of protection for the data subjects’ rights and freedoms (an “adequate jurisdiction”);
          2. 14.1.2 The data subject, having been informed of the possible risks of such a transfer, has provided explicit consent;
          3. 14.1.3 The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject;
          4. 14.1.4 The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims;
          5. 14.1.5 The transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms and the exercise of their rights;
          6. 14.1.6 The transfer is necessary for the purpose of a compelling legitimate interest on our part, so long as none of the other lawful bases apply, the transfer is not repetitive, it only concerns a limited number of data subjects, the necessity of the transfer is not overridden by the compelling legitimate interests of the data subject(s) and we have adduced suitable safeguards for the transferred data;
          7. 14.1.7 A derogation or exemption applies
        2. 14.2 Subject to the requirements in clause 14.1 above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. That staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.
        3. ]

      15. 15. Disclosure and sharing of personal information
        1. 15.1 We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
        2. 15.2 We may also disclose personal data we hold to third parties:
          1. 15.2.1 In the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or assets;
          2. 15.2.2 If we or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets; and/or
          3. 15.2.3 If we are under a duty to disclose or share a data subject’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
        3. 15.3 We may also share personal data we hold with selected third parties for the purposes set out in the Schedule of Data Processing Activities below.
        4. 15.4 In the event that we have disclosed personal data to third parties and the data subject exercises any of the rights of rectification, erasure or blocking, we will notify those third parties of the data subject’s exercise of those rights, unless doing so is impossible or would require disproportionate effort. The data subject is also entitled to request information about the identities of those third parties. In the event that we have made the data public and the data subject exercises these rights, we will take reasonable steps, taking costs into account, to inform third parties that the data subject has exercised those rights.
      16. 16. Dealing with subject access requests
        1. 16.1 Data subjects have a right to request a copy of the personal data being processed, as well as obtain the following:
        2. 16.1.1 Confirmation of whether, and where, we are processing their personal data; 16.1.2 Information about the purposes of the processing; 16.1.3 Information about the categories of data being processed; 16.1.4 Information about the categories of recipients with whom the data may be shared; 16.1.5 Information about the period for which the data will be stored (or the criteria used to determine that period); 16.1.6 Information about the existence of the rights to erasure, to rectification, to restriction of processing and to object to processing; 16.1.7 Information about the existence of the right to complain to the Data Protection Authorities (“DPAs”); 16.1.8 Where the data was not collected from the data subject, information as to the source of the data; and 16.1.9 Information about the existence of, and an explanation of the logic involved in, any automated processing that has a significant effect on data subjects.

        3. 16.2 Data subjects must make a formal request for information we hold about them. This must be made in writing. Employees who receive a written request will forward it to the Data Protection Compliance Manager without undue delay.
        4. 16.3 When receiving telephone enquiries, we will use all reasonable efforts to verify the identity of data subjects and we will only disclose personal data we hold on our systems if the following conditions are met:
          1. 16.3.1 We will check the caller’s identity by requesting proof of identity, to make sure that information is only given to a person who is entitled to it;
          2. 16.3.2 We will request the provision of additional information, if necessary to confirm the identity of the data subject; and/or
          3. 16.3.3 We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and/or where their identity cannot be checked.
        5. 16.4 We will not refuse to give effect to a subject access request, or any other rights of a data subject, unless we cannot identify the data subject.
        6. 16.5 Our employees will refer a request to the Data Protection Compliance Manager for assistance in difficult situations. Employees will not be bullied into disclosing personal information.
        7. 16.6 We will respond to all subject access requests within one month of receiving the request and may request to extend the deadline by a maximum of two further months, in respect of complex requests and in the event that we are receiving large numbers of requests. In any event, we will inform all data subjects who have submitted a request should an extension be applied.
        8. 16.7 Subject access requests and requests for rectification, erasure and the right to object shall be given effect to free of charge, however we reserve the right to charge a reasonable fee for repetitive requests, manifestly unfounded or excessive requests or further copies.
      17. 17. Changes to this Policy
        1. 17.1 We reserve the right to change this Policy at any time. Where appropriate, we will notify data subjects of those changes by mail or email.

Schedule of Data Processing Activities

Contact details of controller/representative/ DPO Purposesof the processing Categories of data subjects and personal data processed Categories of recipients with whom the data may be shared Information regarding Cross Border Data Transfers The applicable data retention periods Description of the security measures implemented in respect of the processed data