HR & Training Solutions Limited
t/a Hewlett Rand’s Data Protection Policy
This Policy sets out the obligations of HR & Training Solutions Limited (“Hewlett Rand”) regarding data protection and the rights of customers, suppliers, contractors and business contacts (“data subjects”) in respect of their personal data under the General Data Protection Regulation (“the Regulation”).
The Regulation 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 out the procedures that are to be followed when dealing with personal data and particularly personal data belonging to our clients. The procedures and principles set out herein must be followed at all times by Hewlett Rand, its employees, agents, contractors, or other parties working on behalf of Hewlett Rand.
Hewlett Rand 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.
Hewlett Rand is also registered with the ICO. Our registration details are: Z3022930.
2. The Data Protection Principles
This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. All personal data must be:
a) processed lawfully, fairly, and in a transparent manner in relation to the data subject;
b) 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;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
d) 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 they are processed, is erased or rectified without delay;
e) 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 or for our historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject;
f) 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. Lawful, Fair, and Transparent Data Processing
3.1 The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:
a) the data subject e.g. a client has given consent to the processing of his or her personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which the data subject e.g. a client is a party or in order to take steps at the request of the data subject prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which Hewlett Rand is subject;
d) processing is necessary to protect the vital interests of the data subject e.g. an employee of a client or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Hewlett Rand;
f) processing is necessary for the purposes of the legitimate interests pursued by Hewlett Rand 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, for example use of client data for marketing purposes.
3.2 Sensitive personal information is sometimes referred to as ‘special categories of personal data’ or ‘sensitive personal data’.
3.3 Hewlett Rand may from time to time need to process sensitive personal information. Hewlett Rand will only process sensitive personal information if:
3.3.1 we have a lawful basis for doing so as set out in paragraph 3.1 above, e.g. it is necessary for the performance of the client contract, to comply with Hewlett Rand’s legal obligations or for the purposes of Hewlett Rand’s legitimate interests; and
3.3.2 one of the special conditions for processing sensitive personal information applies, e.g.:
a) the data subject has given has given explicit consent;
b) the processing is necessary for the purposes of exercising the legal rights or obligations of Hewlett Rand or the data subject;
c) the processing is necessary to protect the data subject’s vital interests, and the data subject is physically incapable of giving consent;
d) processing relates to personal data which are manifestly made public by the data subject;
e) the processing is necessary for the establishment, exercise or defence of legal claims; or
f) the processing is necessary for reasons of substantial public interest.
4 Processed for Specified, Explicit and Legitimate Purposes
4.1 Hewlett Rand collects and processes the personal data set out in Part 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties (for example, third party contractors, who provide e-learning software or HR Systems).
4.2 Hewlett Rand only processes personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
5 Adequate, Relevant and Limited Data Processing
Hewlett Rand will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.
6 Accuracy of Data and Keeping Data Up To Date
Hewlett Rand shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
7 Data Retention
7.1 Hewlett Rand 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.
7.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
8 Secure Processing
Hewlett Rand shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.
9.1 Hewlett Rand’s data protection officer is Richard Lowe, Director, 23 Westfield Park, Clifton, Bristol, BS6 6LT firstname.lastname@example.org
9.2 Hewlett Rand shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
9.2.1 The name and details of Hewlett Rand, its data protection officer, and any applicable third-party data controllers;
9.2.2 The purposes for which Hewlett Rand processes personal data;
9.2.3 Details of the categories of personal data collected, held, and processed by Hewlett Rand; and the categories of data subject to which that personal data relates;
9.2.4 Details (and categories) of any third parties that will receive personal data from Hewlett Rand;
9.2.5 Details of how long personal data will be retained by Hewlett Rand; and
9.2.6 Detailed descriptions of all technical and organisational measures taken by Hewlett Rand to ensure the security of personal data.
10 Privacy Impact Assessments
10.1 Hewlett Rand shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data.
10.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
10.2.1 The type(s) of personal data that will be collected, held, and processed;
10.2.2 The purpose(s) for which personal data is to be used;
10.2.3 Hewlett Rand’s objectives;
10.2.4 How personal data is to be used;
10.2.5 The parties (internal and/or external) who are to be consulted;
10.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
10.2.7 Risks posed to data subjects;
10.2.8 Risks posed both within and to Hewlett Rand; and
10.2.9 Proposed measures to minimise and handle identified risks.
11 The Rights of Data Subjects
The Regulation sets out the following rights applicable to data subjects:
a) The right to be informed;
b) The right of access;
c) The right to rectification;
d) The right to erasure (also known as the ‘right to be forgotten’);
e) The right to restrict processing;
f) The right to data portability;
g) The right to object;
h) Rights with respect to automated decision-making and profiling.
12 Keeping Data Subjects Informed
12.1 Hewlett Rand shall ensure that the following information is provided to every data subject when personal data is collected:
a) Details of Hewlett Rand including, but not limited to, the identity of its Data Protection Officer;
b) 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;
c) Where applicable, the legitimate interests upon which Hewlett Rand is justifying its collection and processing of the personal data;
d) Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
e) Where the personal data is to be transferred to one or more third parties, details of those parties;
f) Details of the length of time the personal data will be held by Hewlett Rand (or, where there is no predetermined period, details of how that length of time will be determined);
g) Details of the data subject’s rights under the Regulation;
h) Details of the data subject’s right to withdraw their consent to Hewlett Rand’s processing of their personal data at any time;
i) Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
j) Where 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;
k) Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
12.2 The information set out above in Part 12.1 shall be provided to the data subject at the following applicable time:
12.2.1 Where the personal data is obtained from the data subject directly, at the time of collection;
12.2.2 Where the personal data is not obtained from the data subject directly (i.e. from another party):
a) If the personal data is used to communicate with the data subject, at the time of the first communication; or
b) If the personal data is to be transferred to another party, before the personal data is disclosed; or
c) In any event, not more than one month after the time at which Hewlett Rand obtains the personal data.
13 Data Subject Access
13.1 A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which Hewlett Rand holds about them. Hewlett Rand is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
13.2 All subject access requests received must be forwarded to Richard Lowe, Hewlett Rand’s data protection officer.
13.3 Hewlett Rand does not charge a fee for the handling of normal SARs. Hewlett Rand 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 If a data subject informs Hewlett Rand that personal data held by Hewlett Rand is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
14.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
15 Erasure of Personal Data
15.1 Data subjects may request that Hewlett Rand erases the personal data it holds about them in the following circumstances:
a) It is no longer necessary for Hewlett Rand to hold that personal data with respect to the purpose for which it was originally collected or processed;
b) The data subject wishes to withdraw their consent to Hewlett Rand holding and processing their personal data;
c) The data subject objects to Hewlett Rand holding and processing their personal data (and there is no overriding legitimate interest to allow Hewlett Rand to continue doing so) (see Part 21 of this Policy for further details concerning data subjects’ rights to object);
d) The personal data has been processed unlawfully;
e) The personal data needs to be erased in order for Hewlett Rand to comply with a particular legal obligation.
15.2 Unless Hewlett Rand 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 (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
15.3 In the event that any personal data that is to be erased in response to a data subject 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 Hewlett Rand ceases processing the personal data it holds about them. If a data subject makes such a request, Hewlett Rand shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
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 Hewlett Rand processes personal data using automated means an example is the use of 360 analysis software.
17.2 Where data subjects have given their consent to Hewlett Rand to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between Hewlett Rand 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, Hewlett Rand shall make available all applicable personal data to data subjects in a suitable format, where reasonable.
17.4 Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.
17.5 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 Hewlett Rand processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling).
18.2 Where a data subject objects to Hewlett Rand processing their personal data based on its legitimate interests, Hewlett Rand shall cease such processing forthwith, unless it can be demonstrated that Hewlett Rand’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
18.3 Where a data subject objects to Hewlett Rand processing their personal data for direct marketing purposes, Hewlett Rand shall cease such processing forthwith.
19 Automated Decision-Making
19.1 Hewlett Rand uses personal data in automated decision-making processes for example the use of recruitment aptitude tests for and on behalf of clients.
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 Hewlett Rand.
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 Hewlett Rand 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.
20.1 Hewlett Rand uses personal data for profiling purposes for example in the recruitment process or for training purposes on behalf of a client.
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
The following personal data may be collected, held, and processed by Hewlett Rand:
a) Names, addresses, email addresses and other contact information, for the purpose of fulfilling contracts with clients;
b) Names, address, email addresses and other contact information for the purpose of sending to you our newsletter and other marketing materials where you have provided the appropriate consent;
c) Names of employees, their contact details, details surrounding their employment, diagnostic details and reports for the purpose of fulfilling our contract where we may be assisting with an employment related matter.
22 Data Security – Transferring Personal Data and Communications
Hewlett Rand 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;
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;
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; and
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
Hewlett Rand 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 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 daily with backups stored through our cloud service provider.
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 Hewlett Rand or otherwise; 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 Hewlett Rand 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 Hewlett Rand 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, shredded and disposed of.
25 Data Security – Use of Personal Data
Hewlett Rand 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 Hewlett Rand requires access to any personal data that they do not already have access to, such access should be formally requested from the 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 Hewlett Rand or not, without the authorisation of 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 Hewlett Rand is used for marketing purposes, it shall be the responsibility of the directors 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
Hewlett Rand 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 a combination of uppercase and lowercase letters, numbers, and symbols;
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 Hewlett Rand, 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. Hewlett Rand’s directors shall be responsible for installing any and all security-related updates 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 the directors.
27 Organisational Measures
Hewlett Rand shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
a) All employees, agents, contractors, or other parties working on behalf of Hewlett Rand shall be made fully aware of both their individual responsibilities and Hewlett Rand’s responsibilities under the Regulation and under this Policy, and shall be provided with a copy of this Policy;
b) Only employees, agents, sub-contractors, or other parties working on behalf of Hewlett Rand 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 Hewlett Rand;
c) All employees, agents, contractors, or other parties working on behalf of Hewlett Rand handling personal data will be appropriately trained to do so;
d) All employees, agents, contractors, or other parties working on behalf of Hewlett Rand handling personal data will be appropriately supervised;
e) Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
f) The performance of those employees, agents, contractors, or other parties working on behalf of Hewlett Rand handling personal data shall be regularly evaluated and reviewed;
g) All employees, agents, contractors, or other parties working on behalf of Hewlett Rand handling personal data will be bound to do so in accordance with the principles of the Regulation and this Policy by contract;
h) All agents, contractors, or other parties working on behalf of Hewlett Rand 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 Hewlett Rand arising out of this Policy and the Regulation;
i) Where any agent, contractor or other party working on behalf of Hewlett Rand handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless Hewlett Rand 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 Hewlett Rand 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 Hewlett Rand (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 Hewlett Rand’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:
a) The categories and approximate number of data subjects concerned;
b) The categories and approximate number of personal data records concerned;
c) The name and contact details of Hewlett Rand’s data protection officer (or other contact point where more information can be obtained);
d) The likely consequences of the breach;
e) Details of the measures taken, or proposed to be taken, by Hewlett Rand to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
30 Implementation of Policy
This Policy shall be deemed effective from 8th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.