This policy applies to all users, who must be familiar with this policy and comply with its terms.
We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be added to this webpage.
As our data protection officer (DPO), Token of Love LTD has overall responsibility for the day-to-day implementation of this policy. You should contact the DPO for further information about this policy if necessary.
Token of Love LTD shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:
- 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.
- Limited for its purpose
Data can only be collected for a specific purpose.
- Data minimisation
Any data collected must be necessary and not excessive for its purpose.
The data we hold must be accurate and kept up to date.
We cannot store data longer than necessary.
- 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. You are responsible for keeping a written record of how all the data processing activities you are responsible for comply with each of the Principles. This must be kept up to date and must be approved by the DPO.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. You are responsible for understanding your particular responsibilities to ensure 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
- Implement measures to ensure privacy by design and default, including:
- Data minimisation
- Allowing individuals to monitor processing
- Creating and improving security and enhanced privacy procedures on an ongoing basis
FAIR AND LAWFUL PROCESSING
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
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
Token of Love LTD is classified as a data controller and data processor. 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
- Cooperate 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:
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
The processing is necessary to fulfil or prepare a contract for the individual.
- Legal obligation
We have a legal obligation to process the data (excluding a contract).
- Vital interests
Processing the data is necessary to protect a person’s life or in a medical situation.
- Public function
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
- 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.
- 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 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
- Fully understand your data protection obligations
- Check that any data processing activities you are dealing with comply with our policy and are justified
- Do not use data in any unlawful way
- Do not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through your actions
- Comply with this policy at all times
- Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay
RESPONSIBILITIES OF THE IT MANAGER
- Ensure all systems, services, software and equipment meet acceptable security standards
- Checking and scanning security hardware and software regularly to ensure it is functioning properly
- Researching third-party services, such as cloud services the company is considering using to store or process data
RESPONSIBILITIES OF THE MARKETING MANAGER
- Approving data protection statements attached to emails and other marketing copy
- Addressing data protection queries from clients, target audiences or media outlets
- Coordinating with the DPO to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy
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.
You must keep personal data secure against loss or misuse. Where 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 should be kept in a secure place where unauthorised personnel cannot access it
- Printed data should be shredded when it is no longer needed
- Data stored on a computer should be protected by strong passwords that are changed regularly.
- 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
- All possible technical measures must be put in place to keep data secure
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. You must not transfer personal data abroad, or anywhere else outside of normal rules and procedures without express permission from the DPO.
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 that individuals can exercise their rights in the following ways:
- Right to be informed
- Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children.
- Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
- 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
- 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.
- Right to erasure
- We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
- 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.
- 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 another controller if requested.
- 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 must respect the right of an individual to object to processing their data for scientific and historical research and statistics.
When to supply a privacy notice
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.
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 or 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 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 the 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.