Privacy Policy

  1. INTRODUCTION

 GALATARIOTIS TECHNICAL LTD is committed to protecting the rights and freedoms of data subjects (natural persons), the safe and secure processing of their data, in accordance with the EU General Data Protection Regulation (GDPR)[1] – Regulation 2016/679. The GDPR replaces the EU Data Protection Directive of 1995 and superseded the laws of Member States that were developed in compliance with the Data Protection Directive 95/46/EC.

We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.

This policy sets out how we seek to protect personal data and ensure that our employees understand the rules governing their use of the Personal Data to which they have access in the course of their work.

In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.

The Company’s management is fully committed to ensuring continued and effective implementation of this policy and expects all Company employees share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action.

This policy has been approved by the Company’s Board of Directors

  1. DEFINITIONS[2]

Business purposes

The purposes for which personal data may be used by us:

·        Personnel, administrative, financial, regulatory, payroll and business purposes;

Business purposes include the following:

·        Compliance with our legal, regulatory and corporate governance obligations and good practice

·        Ensuring business policies are adhered to (such as policies covering email and internet use)

·        Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information

·        Investigating complaints

·        Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments

·        Monitoring staff conduct, disciplinary matters

·        Marketing our business

·        Improving services

 

Personal data

Personal data’ means any information relating to an identified or identifiable natural person (‘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.

Personal data we gather may include:

·        contact details (including names, postal addresses, email addresses and telephone numbers);

·        personal details for payroll purposes;

·        information required by the Company to meet legal and regulatory requirements;

·        financial information, such as payment related information;

·        any other information you may provide to the Company.

Special categories of personal data

Special categories of data include information about an individual’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy.

Data controller

‘Data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.

Data processor

‘Processor’ means a natural or legal person, public authority, agency or other body, which processes personal data on behalf of the controller.

Processing

‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Supervisory authority

This is the national body responsible for data protection. The supervisory authority for our organisation is the Office of the Commissioner for Personal Data Protection[3] (CPDP)

 

  1. SCOPE

This policy applies to the processing of personal data wholly or partly by automated means (i.e.by computer) and to the processing other than by automated means (i.e. paper records) that form part of filing system or are intended to form part of a filing system. This applies to all staff, who must be familiar with this policy and comply with its terms.

This policy supplements our other policies relating to Internet and email use. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.

Who is responsible for this policy?

As our data protection officer (DPO), Costas Partassides 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:

Name: Costas Partassides

Email: costas@galatariotis.com

Address: Andrea Papacosta 15, 1037, Nicosia

Telephone: 0035722690000

 

This policy applies to:

  • All employees of GTL, without any exception
  • All contractors, suppliers and other people or entities working on behalf of GTL
  • All rules should be followed by the parties described above and relate to all media forms regardless of whether Data is stored electronically, on paper or on other materials.

 

  1. THE PRINCIPLES

Our Company, shall comply with the principles of data protection (the Principles) enumerated in Article 5 of the GDPR. We will make every effort possible in everything we do to comply with these principles.

The Principles are that personal data shall be:

  • Processed lawfully, fairly and in a transparent manner in relation to individuals;
  • Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  • Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
  • Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
  • 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:

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[4]. 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
    • Encryption
    • Transparency
    • Allowing individuals to monitor processing
    • Creating and improving security and enhanced privacy procedures on an ongoing basis
  1. OUR PROCEDURES

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

Our Company is classified as a data controller and data processor. We must maintain our appropriate registration with the CPDP 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
  • Co-operate fully with the CPDP 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.

There are six available lawful bases for processing set out in Article 6 of the GDPR and at least one of those bases/conditions must apply whenever we process personal data:

  • Consent: the data subject has given clear unambiguous consent for their personal data to be processed for a specific purpose

 

  • Contract: processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract

 

  • Legal obligation: processing is necessary for compliance with a legal obligation

 

  • Vital interests: processing is necessary to protect the vital interests of a data subject or another individual

 

  • Public task: 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 controller

 

  • Legitimate interests: processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject

 

Deciding which condition to rely on

If you are making an assessment of the lawful basis, you must first establish that the processing is necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose. You cannot rely on a lawful basis if you can reasonable achieve the same purpose by some other means.

Remember that more than one basis may apply, and you should rely on what will best fit the purpose, not what is easiest.

Consider the following factors and document your answers:

  • What is the purpose for processing the data?
  • Can it reasonably be done in a different way?
  • Is there a choice as to whether or not to process the data?
  • Who does the processing benefit?
  • After selecting the lawful basis, is this the same as the lawful basis the data subject would expect?
  • What is the impact of the processing on the individual?
  • Are you in a position of power over them?
  • Are they a vulnerable person?
  • Would they be likely to object to the processing?
  • Are you able to stop the processing at any time on request, and have you factored in how to do this?

Our commitment to the first Principle requires us to document this process and show that we have considered which lawful basis best applies to each processing purpose, and fully justify these decisions.

We must also ensure that individuals whose data is being processed by us are informed of the lawful basis for processing their data, as well as the intended purpose. This should occur via a privacy notice. This applies whether we have collected the data directly from the individual, or from another source.

If you are responsible for making an assessment of the lawful basis and implementing the privacy notice for the processing activity, you must have this approved by the DPO.

Our general lawful bases for processing

 

For processing the personal data of clients

It is noted that our general lawful basis for processing the personal data of clients is that processing is necessary to perform our Business Purpose (as defined above);

For processing the personal data of employees 

  1. Our lawful basis for processing the personal data of employees is that processing is necessary to perform or enter into the employment contract we have with them.
  2. Our lawful basis for processing the personal data of employees in relation to PAYE, pension contributions and other personal data shared with the relevant authorities that processing is necessary for compliance with the law.

 

  1. Our lawful basis for holding the personal data of potential employees / candidates is that we have a legitimate interest in deciding whether to recruit them. Should a candidate be unsuccessful, this legitimate interest will cease to exist and any personal data held on unsuccessful candidates must be deleted/destroyed within three months, as agreed by the directors.

 

 

  1. SPECIAL CATEGORIES OF PERSONAL DATA[5]

What are special categories of personal data?

Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:

  • race
  • ethnic origin
  • politics
  • religion
  • trade union membership
  • genetics
  • biometrics (where used for ID purposes)
  • health
  • sexual orientation

In most cases where we process special categories of personal data we will require the data subject’s explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.

The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.

 

What Kind of Personal Data are NOT approved by GTL to be collected, processed or transmitted?

It is specifically forbidden to collect Personal Data in relation to:

  • Religious orientation
  • Sexual orientation
  • Medical condition except of Data that are required to establish whether an employee is fit to fulfill his/her duties
  • Any kind of Data that could be construed as discriminatively racial
  • Any Personal Data in relation to any underage or minor except of personal data explicitly provided to us by the minors legal guardian for the purposes of the R.A.D.A.R. method.
  1. RESPONSIBILITIES

Our responsibilities

  • 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

General Staff responsibilities

 

  • All Data collected and stored by GTL are considered confidential and as such no employee should disclose any kind of Data to a third party without the approval of the managing director.
  • Personal Data specifically excluded in this Policy should NOT be collected under any circumstances
  • No unnecessary Personal Data should be collected, i.e. only the minimum Data required in order to fulfil the contractual obligation agreed with the individual.
  • The company has a strict policy of NOT sharing Personal Data collected or otherwise as part of the fulfilment of our contractual obligation with ANY third party, unless specifically required e.g. occasional access by Ericsson – Lg (Traces) for troubleshooting (Only names and telephone line extensions)
  • The company has a strict policy of NOT allowing the sharing of any Personal Data between the employees of GTL. Employees will have access to the Personal Data solely required for the fulfilment of their duties.
  • Any company Data (including Personal Data) must NOT be shared informally. When access to confidential information is required, employees may request it from their line managers.
  • Employees should keep all Data secure, by taking sensible precautions. In particular, strong passwords must be used and they should never be shared.
  • Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
  • Employees should request help from their line manager or the Data protection officer if they are unsure about any aspect of the present Policy.
  • The company will continuously provide support and training to its employees in order to understand their obligations under this Policy.

 

  • 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 Data Protection Officer

  • Keeping the board updated about data protection responsibilities, risks and issues
  • Reviewing all data protection procedures and policies on a regular basis
  • Arranging data protection training and advice for all staff members and those included in this policy
  • Answering questions on data protection from staff, board members and other stakeholders
  • Responding to individuals such as clients and employees who wish to know which data is being held on them by us
  • Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing

 

Responsibilities of the IT Manager (Petros Hadjiaros) is responsible for:

  • Ensuring all systems, services and equipment used for storing Data meet acceptable data security standards.
  • Performing regular checks and scans to ensure security hardware and software is functioning properly.
  • Evaluation any third party services that company is considering using to store or process Data (such as Cloud Services Platforms).

 

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.

It is the responsibility of all employees who work with Personal Data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

  • Personal Data will be held in as few places as necessary and only centrally. Staff should not create any unnecessary additional Personal Data or any Data sets.
  • Staff should take every opportunity to ensure Data and Personal Data is updated. For instance, by confirming a customer’s details when they call.
  • Personal Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the Database.

 

Data Use

Personal Data is of no value to GTL unless the business can make use of it.  However, it is when Personal Data is accessed and used that it can be at the greatest risk of loss, corruption or theft:

  • When working with Personal Data, employees should ensure the screens of their computers are always locked when left unattended
  • Personal Data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
  • Personal Data must be encrypted before being transferred electronically. The IT manager can explain how to send Data to authorised external contacts. A formal guidance will be issued by IT supervisor.
  • Personal Data should never be transferred outside of the European Economic Area unless the recipient country is complying with GDPR regulations. This is should be clearly established e.g. by written declaration. The particular country must ensure an adequate level of Personal Data protection, as certified by an adequacy decision by the European Commission (e.g. Switzerland, or companies in the USA participating in the EU-US Privacy Shield framework).
  • Employees should not save copies of Personal Data to their own computers/devises. Always access and update Personal Data from central servers.

Employees with mobile devices

Employees that use GTL resources from mobile devices such as laptops, mobile phones, tablets, etc., must ensure that the equipment is secure.

  • All mobile devices have to be encrypted and password protected.
  • The equipment should not be left unattended.
  • If the equipment left unattended for a while, the device must be locked with the password.
  • If there is data that not need to be stored in the mobile device (such as old data), must be deleted.

Data security

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

When Data is stored on paper or any other hard form, it should be kept in a secure place where unauthorised people cannot see it. It is the duty of the line manager to ensure that this policy is adhered to. A secure place means a place where an unauthorized person may not gain access unless he/she uses physical force or any other form of illegal way to gain access. A locked cabinet or room, where only the authorized employee/s have access is sufficient for this purpose.

These guidelines also apply to Data that is usually stored electronically but has been printed out for some reason:

  • When not required, the paper or files should be kept in a locked drawer or filing cabinet
  • Employees should make sure paper and printouts are not left where unauthorized people could see them, for example on a printer. When printing out confidential information, collection should be immediate and definitely not done when non-employees are present in the printer area.
  • Data printouts should be shredded and disposed of securely when no longer required.

When Data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:

  • The company forbids the storage of any Data to any device or location that is not the property of GTL. It is specifically forbidden to store any company Data on personal phones or personal laptops or any personal device whatsoever. TECHNICIANS MAY HAVE ON THEIR MOBILES CONTACT NUMBERS OF CLIENTS PERSONALLY (FOR INDIVIDUAL CLIENTS)
  • The company forbids the use of any removable media, like USB, SD card, CD or DVD, unless specifically approved by the managing director. When approval is given these should be kept locked away securely when not being used and should be handed to the HR upon departure from the company.
  • Data, whether stored locally or centrally, should be protected by strong passwords that are changed regularly (at least every 12 months) and never shared between employees. The IT supervisor must ensure that these credentials are adopted automatically and revised periodically.
  • Data should only be stored on the central servers of the company on designated drives and servers and should only be uploaded to an approved (by the IT manager) cloud computing service.
  • The only exception for not storing on the central servers is to save non-material Data on company owned laptops and desktops, excluding Personal Data which can only be stored on the central servers of the company.
  • Central Servers containing Data must be sited in a secure location, owned by GTL and accessed only by authorized personnel.
  • Central Servers containing Data must be backed up daily. Those backups should be tested regularly, in line with the company’s standard backup procedures which include at least one offsite back up procedure.
  • All servers and computers containing Data must be protected by approved security software and a firewall.
  • The DPO must approve any cloud used to store data
  • All possible technical measures must be put in place to keep data secure

 

Data retention

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 policy guidelines.

Retention periods for Personal Data of GTL employees (including prospective, current and former employees and other persons connected to such persons) are retained as follows:

Prospective employees:

  • The Bank retains the Personal Data of such individuals for a maximum period of 6 months after their application is rejected by GTL, for the purposes of future references should the position applied for and/or a similar one become available during that time period. Prospective employees have the right to object to such retention of their Personal Data, in which case GTL deletes and/or destroys or anonymizes them.

Current employees:

  • As a general rule, GTL retains the Personal Data of employees for the duration of the contractual relationship, unless the retention of certain Data is not necessary, in which case they are deleted and/or destroyed.

 Former employees:

  • The Bank retains the personal file of such individuals for a period of 8 years after the relevant business and/or contractual relationship ends, unless further retention is required for legal reasons

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.

 

  1. 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 individuals can exercise their rights in the following ways:

  1. 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.
  1. 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
  1. 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.
  1. Right to erasure
  • We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
  1. 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.
  1. 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.
  1. Rights in relation to automated decision making and profiling
  • We must respect the rights of individuals in relation to automated decision making and profiling.
  • Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
  1. PRIVACY NOTICES

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 CPDP, 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 of contractual requirement or obligation and possible consequences for any failure to provide the data (only for data obtained directly from the data subject)

 

  1. 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 the 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 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.

  1. 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.

The right to object

Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:

  • We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
  • The processing relates to the establishment, exercise or defence of legal claims.

We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.

The right to restrict automated profiling or decision making

We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:

  • It is necessary for the entry into or performance of a contract.
  • Based on the individual’s explicit consent.
  • Otherwise authorised by law.


In these circumstances, we must:

  • Give individuals detailed information about the automated processing.
  • Offer simple ways for them to request human intervention or challenge any decision about them.
  • Carry out regular checks and user testing to ensure our systems are working as intended.
  1. THIRD PARTIES
    •  
    • Using third party controllers and processors
    •  

In general the Company may need to share the personal information it processes with the individual themselves and also with other organisations. Where this is necessary, the Company is required to comply with all aspects of the GDPR.

Where necessary or required, the company shares information with:

  • Business associates, professional advisers
  • Family, associates and representatives of the person whose personal data is being processed
  • Suppliers
  • Local and central government
  • Financial organisations
  • Ombudsmen and regulatory authorities
  • Credit reference and debt collection agencies
  • Healthcare professionals, social and welfare organisations
  • Current, past or prospective employers
  • Examining bodies
  • Service providers

In this regard, as a data controller and data processor, we must have written contracts in place with any third party data controllers and/or data processors that we use. The contract must contain specific clauses which set out our and their liabilities, obligations and responsibilities.

For controllers: As a data controller, we must only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.

For processors: As a data processor, we must only act on the documented instructions of a controller.

We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.

Contracts

Our contracts must comply with the GDPR contractual clauses and where applicable, the requirements set out by the CPDP. Our contracts with data controllers (and/or) data processors must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.

At a minimum, our contracts must include terms that specify:

  • Acting only on written instructions
  • Those involved in processing the data are subject to a duty of confidence
  • Appropriate measures will be taken to ensure the security of the processing
  • Sub-processors will only be engaged with the prior consent of the controller and under a written contract
  • The controller will assist the processor in dealing with subject access requests and allowing data subjects to exercise their rights under GDPR
  • The processor will assist the controller in meeting its GDPR obligations in relation to the security of processing, notification of data breaches and implementation of Data Protection Impact Assessments
  • Delete all personal data at the end of the contract, unless otherwise required by any law.
  • Submit to regular audits and inspections, and provide whatever information necessary for the controller and processor to meet their legal obligations.
  • Nothing will be done by either the controller or processor to infringe on GDPR.
  1. CRIMINAL OFFENCE DATA

Criminal record checks

Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject. We do not keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such. You must have approval from the DPO prior to carrying out a criminal record check.

  1. AUDITS, MONITORING AND TRAINING

Data audits

Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant. You must conduct a regular data audit as defined by the DPO and normal procedures.

Monitoring

Everyone must observe this policy. The DPO has overall responsibility for this policy. Our Company will keep this policy under review and amend or change it as required. You must notify the DPO of any breaches of this policy. You must comply with this policy fully and at all times.

Training

All relevant employees will receive adequate training on provisions of data protection law specific to their role.

If a relevant employee requires additional training on data protection matters, they should contact the DPO.

  1. REPORTING BREACHES

Any breach of this policy or of data protection laws must be reported as soon as practically possible. This means as soon as you have become aware of a breach.

Our Company has a legal obligation to report any data breaches to CPDP within 72 hours.

All members of staff have an obligation to report actual or potential data protection compliance failures using the Data Protection Breach Report Form.

This allows us to:

  • Investigate the failure and take remedial steps if necessary
  • Maintain a register of compliance failures
  • Notify the CPDP of any compliance failures that are material either in their own right or as part of a pattern of failures

Any member of staff who fails to notify of a breach, or is found to have known or suspected a breach has occurred but has not followed the correct reporting procedures will be liable to disciplinary action.

  • Failure to comply

 

We take compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk.

The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures, which may result in dismissal.

If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.

 

  1. RISK ASSESSMENT

GTL has performed an initial risk assessment in relation to Data protection between April and May 2018. This will be reviewed and updated if necessary on a yearly basis. The result of the assessment is reflected in this document as low risk as GTL:

  • deals predominantly with body corporates and also does not engage in any marketing activities by using any sort of Personal Data.
  • GTL does NOT collect sensitive information from customers (eg racial or age) and because of the nature of operations GTL does not sell to customers under the age of 18.
  • GTL does NOT sell or share for any reason any Personal Data with any third party.
  • The use of cloud services is limited to well established multinational corporations that in turn have strict policies with regards to Data Protection.
  • The Personal Data of employees are stored in only one locked up place.
  • The server room is located in only one locked up place.
  • Further risk assessment will be made before end of 2018 to cover more detailed areas.