This Data Protection Policy sets out how 360 Resourcing Solutions (“we”, “our”, “us”, “the Company”, “the organisation”) handle the Personal Data of our customers, suppliers, employees, workers and other third parties.
This Data Protection Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.
This Data Protection Policy (together with Related Policies and Privacy Guidelines) cannot be shared with third parties, clients or regulators without prior authorisation from the DPO.
All individual business areas are responsible for ensuring all Company Personnel comply with this Data Protection Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance.
3 POLICY STATEMENT
360 Resourcing Solutions is committed to conducting its business in accordance with all applicable data protection laws and regulations and in line with the highest standards of ethical conduct.
This policy sets forth the expected behaviours of 360 Resourcing Solutions employees and third parties in relation to the collection, use, retention, transfer, disclosure and destruction of any personal data belonging to a 360 Resourcing Solutions contact (i.e. the Data Subject).
Personal data is any information (including opinions and intentions) which relates to an identified or identifiable natural person. Personal data is subject to certain legal safeguards and other regulations, which impose restrictions on how organisations may process personal data. An organisation that handles personal data and makes decisions about its use is known as a Data Controller. 360 Resourcing Solutions, as a Data Controller & Data Processor, is responsible for ensuring compliance with the data protection requirements outlined in this policy. Non-compliance may expose 360 Resourcing Solutions to complaints, regulatory action, fines and/or reputational damage.
360 Resourcing Solutions’ leadership is fully committed to ensuring continued and effective implementation of this policy, and expects all 360 Resourcing Solutions employees and third parties to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.
1.1 Data Protection Officer
1.1.1 To demonstrate our commitment to data protection, and to enhance the effectiveness of our compliance efforts, 360 Resourcing Solutions has appointed a Data Protection Officer (DPO). The DPO operates with independence and is supported by suitability skilled individuals granted all necessary authority. The DPO reports to 360 Resourcing Solutions’ CEO. The DPO‘s duties include:
- Informing and advising 360 Resourcing Solutions and its employees who carry out processing pursuant to data protection regulations, national law or European Union based data protection provisions;
- Ensuring the alignment of this policy with data protection regulations, national law or European Union based data protection provisions;
- Providing guidance with regards to carrying out Data Protection Impact Assessments (DPIAs);
- Acting as a point of contact for and cooperating with Data Protection Authorities (DPAs);
- Determining the need for notifications to one or more DPAs as a result of 360 Resourcing Solutions’ current or intended personal data processing activities;
- Making and keeping current notifications to one or more DPAs as a result of 360 Resourcing Solutions’ current or intended personal data processing activities;
- The establishment and operation of a system providing prompt and appropriate responses to Data Subject requests; and
- Informing senior managers, officers, and directors of 360 Resourcing Solutions of any potential corporate, civil and criminal penalties which may be levied against 360 Resourcing Solutions and/or its employees for violation of applicable data protection laws.
1.1.2 Ensuring establishment of procedures and standard contractual provisions for obtaining compliance with this Policy by any third party who:
- provides personal data to a 360 Resourcing Solutions service/entity;
- receives personal data from a 360 Resourcing Solutions service/entity; or
- has access to personal data collected or processed by a 360 Resourcing Solutions.
1.2 Data Protection by Design
To ensure that all data protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing. Each 360 Resourcing Solutions service/entity must ensure that a Data Protection Impact Assessment (DPIA) is conducted, in cooperation with the Data Protection Officer, for all new and/or revised systems or processes for which it has responsibility. The subsequent findings of the DPIA must then be submitted to the CEO for review and approval. Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate with the Data Protection Officer to assess the impact of any new technology uses on the security of personal data.
1.3 Compliance Monitoring
1.3.1 To confirm that an adequate level of compliance is being achieved by all 360 Resourcing Solutions services/entities in relation to this policy, 360 Resourcing Solutions will carry out an annual data protection compliance audit for all such services/entities. Each audit will, as a minimum, assess:
- Compliance with policy in relation to the protection of personal data, including:
- The assignment of responsibilities:
- Raising awareness.
- Training of employees.
- The effectiveness of data protection related operational practices, including:
- Data subject rights.
- Personal data transfers.
- Personal data incident management.
- Personal data complaints handling.
- The level of understanding of data protection policies and privacy notices.
- The currency of data protection policies and privacy notices.
- The accuracy of personal data being stored.
- The conformity of data processor activities.
- The adequacy of procedures for redressing poor compliance and personal data breaches.
- The key business stakeholders from each 360 Resourcing Solutions service/entity, will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable time frame. Any major deficiencies and good practice identified will be reported to, monitored and shared by the 360 Resourcing Solutions executive team.
2 Data Protection Principles
360 Resourcing Solutions has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of personal data:
2.1 Principle 1: Lawfulness, Fairness and Transparency. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means, 360 Resourcing Solutions must tell the Data Subject what processing will occur (transparency); the processing must match the description given to the Data Subject (fairness); and it must be for one of the purposes specified in the applicable data protection regulation (lawfulness).
2.2 Principle 2: Purpose Limitation. Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. This means 360 Resourcing Solutions must specify exactly what the personal data collected will be used for and limit the processing of that personal data to only what is necessary to meet the specified purpose.
2.3 Principle 3: Data Minimisation. Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. This means 360 Resourcing Solutions must not store any personal data beyond what is strictly required.
2.4 Principle 4: Accuracy. Personal data shall be accurate and kept up to date. This means 360 Resourcing Solutions must have in place processes for identifying and addressing out-of-date, incorrect and redundant personal data.
2.5 Principle 5: Storage Limitation. Personal data shall be 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. This means 360 Resourcing Solutions must, wherever possible, store personal data in a way that limits or prevents identification of the Data Subject.
2.6 Principle 6: Integrity & Confidentiality. Personal data shall be 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. 360 Resourcing Solutions must use appropriate technical and organisational measures to ensure the integrity and confidentiality of personal data is maintained at all times.
2.7 Principle 7: Accountability. The Data Controller shall be responsible for, and be able to demonstrate compliance. This means 360 Resourcing Solutions must demonstrate that the six data protection principles (outlined above) are met for all personal data for which it is responsible.
3 Data collection
3.1 Data Sources
3.1.1 Personal data should be collected only from the Data Subject unless the collection must be carried out under emergency circumstances in order to protect the vital interests of the Data Subject or to prevent serious loss or injury to another person.
3.1.2 If personal data is collected from someone other than the Data Subject, the Data Subject must be informed of the collection unless one of the following apply:
- The Data Subject has received the required information by other means.
- The information must remain confidential due to a professional secrecy obligation.
- A national law expressly provides for the collection, processing or transfer of the personal data.
3.1.3 Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:
- One calendar month from the first collection or recording of the personal data.
- At the time of first communication if used for communication with the Data Subject.
- At the time of disclosure if disclosed to another recipient.
3.2 Data subject consent
Each 360 Resourcing Solutions service/entity will obtain personal data only by lawful and fair means and, where appropriate, with the knowledge and consent of the individual concerned. Where a need exists to request and receive the consent of an individual prior to the collection, use or disclosure of their personal data, 360 Resourcing Solutions is committed to seeking such consent. The Data Protection Officer, in cooperation with other relevant business representatives, shall establish a system for obtaining and documenting Data Subject consent for the collection, processing, and/or transfer of their personal data.
3.3 Data subject Notification
3.3.1 Each 360 Resourcing Solutions service/entity will, when required by applicable law, contract, or where it considers that it is reasonably appropriate to do so, provide Data Subjects with information as to the purpose of the processing of their personal data. When the Data Subject is asked to give consent to the processing of personal data and when any personal data is collected from the Data Subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:
- The Data Subject already has the information; and
- A legal exemption applies to the requirements for disclosure and/or consent.
3.3.2 The disclosures may be given electronically or in writing. The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.
3.4 External Privacy Notices
Each external website provided by 360 Resourcing Solutions will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.
4 Data Use
4.1 Data processing
4.1.1 360 Resourcing Solutions uses the personal data of its contacts for the following broad purposes:
- The general running and business administration of 360 Resourcing Solutions services/entities.
- The ongoing administration and management of customer services.
4.1.2 The use of a contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a contact’s expectations that their details will be used by 360 Resourcing Solutions to respond to a contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that 360 Resourcing Solutions would then provide their details to third parties for marketing purposes.
4.1.3 Each 360 Resourcing Solutions service/entity will process personal data in accordance with all applicable laws and applicable contractual obligations. More specifically, 360 Resourcing Solutions will not process personal data unless at least one of the following requirements are met:
- The Data Subject has given consent to the processing of their personal data for one or more specific purposes.
- Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract.
- Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.
- Processing is necessary in order to protect the vital interests of the Data Subject or of another natural person.
- 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 Data Controller.
- Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller (except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject, in particular where the Data Subject is a child).
4.1.4 There are some circumstances in which personal data may be further processed for purposes that go beyond the original purpose for which the personal data was collected. When making a determination as to the compatibility of the new reason for processing, guidance and approval must be obtained from the DPO before any such processing may commence.
4.1.5 In any circumstance where consent has not been gained for the specific processing in question, 360 Resourcing Solutions will address the following additional conditions to determine the fairness and transparency of any processing beyond the original purpose for which the personal data was collected:
- Any link between the purpose for which the personal data was collected and the reasons for intended further processing.
- The context in which the personal data has been collected, in particular regarding the relationship between Data Subject and the Data Controller.
- The nature of the personal data, in particular whether special categories of data are being processed, or whether personal data related to criminal convictions and offences are being processed.
- The possible consequences of the intended further processing for the Data Subject.
- The existence of appropriate safeguards pertaining to further processing, which may include encryption, anonymisation or pseudonymisation.
4.2 Special Categories of Data
4.2.1 360 Resourcing Solutions will only process Special Categories of Data (also known as sensitive data) where the Data Subject expressly consents to such processing or where one of the following conditions apply:
- The processing relates to personal data which has already been made public by the Data Subject.
- The processing is necessary for the establishment, exercise or defence of legal claims.
- The processing is specifically authorised or required by law.
- The processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving consent.
- Further conditions, including limitations, based upon national law related to the processing of genetic data, biometric data or data concerning health.
4.2.2 In any situation where special categories of data are to be processed, prior approval must be obtained from the DPO, and the basis for the processing clearly recorded with the personal data in question. Where special categories of data are being processed, 360 Resourcing Solutions will adopt additional protection measures.
4.3 Data Quality
4.3.1 Each 360 Resourcing Solutions service/entity will adopt all necessary measures to ensure that the personal data it collects and processes is complete and accurate in the first instance, and is updated to reflect the current situation of the Data Subject. The measures adopted by 360 Resourcing Solutions to ensure data quality include:
- Correcting personal data known to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the Data Subject does not request rectification.
- Keeping personal data only for the period necessary to satisfy the permitted uses or applicable statutory retention period.
- The removal of personal data if in violation of any of the data protection principles or if the personal data is no longer required.
- Restriction, rather than deletion of personal data, insofar as:
- a law prohibits erasure;
- erasure would impair legitimate interests of the Data Subject; and
- the Data Subject disputes that their personal data is correct and it cannot be clearly ascertained whether their information is correct or incorrect.
4.4 Profiling & Automated Decision Making
4.4.1 360 Resourcing Solutions will only engage in profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the Data Subject or where it is authorised by law. Where a 360 Resourcing Solutions service/entity utilises profiling and automated decision-making, this will be disclosed to the relevant Data Subjects. In such cases the Data Subject will be given the opportunity to:
- Express their point of view;
- Obtain an explanation for the automated decision;
- Review the logic used by the automated system;
- Supplement the automated system with additional data;
- Have a human carry out a review of the automated decision;
- Contest the automated decision; and
- Object to the automated decision-making being carried out.
4.4.2 Each 360 Resourcing Solutions service/entity must also ensure that all profiling and automated decision-making relating to a Data Subject is based on accurate data.
4.5 Digital Marketing
4.5.1 As a general rule 360 Resourcing Solutions will not send promotional or direct marketing material to a 360 Resourcing Solutions contact through digital channels such as mobile phones, email and the Internet, without first obtaining their consent. Any 360 Resourcing Solutions service/entity wishing to carry out a digital marketing campaign without obtaining prior Consent from the Data Subject must first have it approved.
4.5.2 Where personal data processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data processed for such purposes.
4.5.3 If the Data Subject puts forward an objection, digital marketing related processing of their personal data must cease immediately and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted.
4.5.4 It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.
5 Data Protection Impact Assessment (DPIA)
Data Protection Impact Assessments (DPIA) are used to identify and mitigate against any data protection related risks arising from a new project, service, product, or process, which may affect the organization (Data Controller / Data Processor) or the individuals (Data Subjects).
5.1 When is DPIA necessary
5.1.1 DPIA is necessary:
- Before the implementation of new technologies or processes, or before the modification of existing technologies or processes; and
- If data processing is likely to result in a high risk to the rights and freedoms of individuals.
- Processing that is likely to result in a high risk includes (but is not limited to):
- Systematic and extensive processing activities, including profiling and where decisions that have legal effects – or similarly significant effects – on individuals; and
- Large scale processing of special categories of data or personal data relation to criminal convictions or offences.
5.2 Should the Regulator be consulted on completion of the DPIA
5.2.1 If, during the DPIA process, the Data Controller has identified and taken measures to mitigate any risks to personal data, it is not necessary to consult with the Regulator before proceeding with the changes.
5.2.2 If the DPIA suggests that any identified risks cannot be managed and the residual risk remains high, you must consult with the Regulator before moving forward with the project.
5.2.3 Regardless of whether or not consultation with the Regulator is required, your obligations of retaining a record of the DPIA and updating the DPIA in due course remain.
5.2.4 Even if consultation is not required, the DPIA may be reviewed by the Regulator at a later date in the event of an audit or investigation arising from your use of personal data.
5.3 Steps for conducting DPIA
5.3.1 Describe data flows. Identify how personal information will be collected, stored, used and deleted as part of the new (or modified) system or process. Identify what kinds of data will be used as part of the new (or modified) system or process and who will have access to the data.
5.3.2 Identify data protection and related risks. Identify all risks to Data Subjects or to the organization (Data Controller) that are related to personal data protection. For each risk assign a risk category (High/Medium/Low).
5.3.3 Assign risk mitigation measures. For each risk assign risk mitigation measures. Focus on mitigating measures for risks with High and Medium impact category.
5.3.4 Further actions. Consider if the Regulator should be consulted for the DPIA. Plan regular DPIA reviews and updates.
6 Data Retention
To ensure fair processing, personal data will not be retained by 360 Resourcing Solutions for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further processed. We have set this out fully, below:
6.1 Reasons for data retention
6.1.1 Some personal data must be retained in order to protect the company’s interests, comply with regulatory requirements, preserve evidence, and generally conform to good business practices. Personal data may be retained for one or several of the following reasons:
- Business requirements;
- Regulatory requirements;
- Possible litigation;
- Accident investigation;
- Security incident investigation; or
- Intellectual property preservation.
6.2 Retention periods
6.2.1 Different types of data will be retained for different periods of time:
- Personal customer data: Personal data will be held for as long as the individual is a customer of the company plus 2 years.
- Personal employee data: General employee data will be held for the duration of employment and then for 6 years after the last day of contractual employment. Employee contracts will be held for 3 years after last day of contractual employment.
- Personal tax payments will be held for 6 years.
- Records of leave will be held for 6 years.
- Recruitment details: Interview notes of unsuccessful applicants will be held for 6 years after interview. This personal data will then be destroyed.
- Health and Safety: 6 years for records of major accidents and dangerous occurrences.
- Operational data: Most company data will fall in this category. Operational data will be retained for minimum 6 months.
- Critical data including Tax and VAT: Critical data must be retained for 10 years.
- Candidate data: Candidate records for non-offered candidates are stored for up to 60 months (but typically for 24 months), candidates have the option to extend the retention period before the end of the retention period.
6.2.2 For more details, please refer to Appendix 1 – Data Retention Schedule.
6.3 Retention of encrypted data
If any information retained under this Policy is stored in an encrypted format, considerations must be taken for secure storage of the encryption keys. Encryption keys must be retained as long as the data that the keys decrypt is retained.
6.4 Data duplication
When identifying and classifying 360 Resourcing Solutions’ personal data, it is important to also understand where that data may be stored, particularly for duplicate copies, so that this Policy may be applied to all duplicates of the information.
6.5 Data destruction
6.5.1 When the retention timeframe expires, 360 Resourcing Solutions will actively destroy the data covered by this Policy. If a user feels that certain data should not be destroyed, he or she should identify the data to his or her supervisor so that an exception to the Policy can be considered. Since this decision has long-term legal implications, exceptions will be approved only by a member or members of 360 Resourcing Solutions’ DPO.
6.5.2 The company specifically directs users not to destroy data in violation of this Policy. Destroying data that a user may feel is harmful to himself or herself or destroying data in an attempt to cover up a violation of law or company policy is particularly forbidden.
7 Data Security
7.1.1 Each 360 Resourcing Solutions service/entity will adopt physical, technical, and organisational measures to ensure the security of personal data. This includes the prevention of loss or damage, unauthorised alteration, access or processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment. A summary of the personal data related security measures is provided below:
- Prevent unauthorised persons from gaining access to data processing systems in which personal data are processed.
- Prevent persons entitled to use a data processing system from accessing personal data beyond their needs and authorisations.
- Ensure that personal data in the course of electronic transmission during transport cannot be read, copied, modified or removed without authorisation.
- Ensure that access logs are in place to establish whether, and by whom, the personal data was entered into, modified on or removed from a data processing system.
- Ensure that in the case where processing is carried out by a Data Processor, the data can be processed only in accordance with the instructions of the Data Controller.
- Ensure that personal data is protected against undesired destruction or loss.
- Ensure that personal data collected for different purposes can and is processed separately.
- Ensure that personal data is not kept longer than necessary.
8 Data Subject Requests
8.1.1 Data subjects have rights when it comes to how we handle their Personal Data. These include rights to:
- withdraw Consent to Processing at any time;
- receive certain information about the Data Controller’s Processing activities;
- request access to their Personal Data that we hold;
- prevent our use of their Personal Data for direct marketing purposes;
- ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
- restrict Processing in specific circumstances;
- challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
- request a copy of an agreement under which Personal Data is transferred outside of the EEA;
- object to decisions based solely on Automated Processing, including profiling (ADM);
- prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
- be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
- make a complaint to the supervisory authority; and
- in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine readable format.
8.1.2 We shall verify the identity of an individual requesting data under any of the rights listed above (we do not disclose Personal Data without proper authorisation).
8.1.3 360 Resourcing Solutions will consider each such request in accordance with all applicable data protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature. Data Subjects are entitled to obtain, based upon a request made in writing/email to: email@example.com
8.2 How should DSARs be processed after receiving
8.2.1 When a subject access request is received from a Data Subject it should immediately be reported to the DPO who will log and track each request. If you are asked to provide information, you will need to consider the following before deciding how to respond:
- Under GDPR Articles 7(3), 12, 13, 15-22 Data Subjects have the following rights:
- to be informed;
- to access their own data;
- to rectification;
- to erasure (Right to be Forgotten);
- to restriction of processing;
- to be notified;
- to data portability;
- to object; and
- to object to automated decision making.
- Requests must be made in writing (template form available at https://www.360resourcing.co.uk/gdpr/sar.docx). All DSARs received by email, mail, fax, social media, etc. must be processed.
- The type of access you must provide and the fee you are allowed to charge may vary depending on how the records are held. It does not have to state ‘subject access request’ or ‘data protection’ to constitute a request under the GDPR.
- If a request has already been complied with and an identical or similar request is received from the same individual a fee can be charged for the second request unless a reasonable interval has elapsed.
- The statutory response time is one month.
- Requests should include the full name, date of birth and address of the person seeking access to their information. To comply with the GDPR, information relating to the individual must only be disclosed to them or someone with their written consent to receive it.
- Before processing a request, the requestor’s identity must be verified. Examples of suitable documentation include:
- Valid Passport;
- Valid Identity Card;
- Valid Driving Licence; and
- Birth Certificate along with some other proof of address e.g. a named utility bill (no longer than 3 months old).
8.3 Subject access requests made by a representative or third party
Anyone with full mental capacity can authorise a representative/third party to help them make a Data Subject access request. Before disclosing any information, 360 Resourcing Solutions must be satisfied that the third party has the authority to make the request on behalf of the requestor and that the appropriate authorisation to act on their behalf is included (see Data Request Form).
9 Law Enforcement Requests & Disclosures
9.1 In certain circumstances, it is permitted that personal data be shared without the knowledge or consent of a Data Subject. This is the case where the disclosure of the personal data is necessary for any of the following purposes:
9.1.1 The prevention or detection of crime.
9.1.2 The apprehension or prosecution of offenders.
9.1.3 The assessment or collection of a tax or duty.
9.1.4 By the order of a court or by any rule of law.
9.2 If a 360 Resourcing Solutions service/entity processes personal data for one of these purposes, then it may apply an exception to the processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question. If any 360 Resourcing Solutions service/entity receives a request from a court or any regulatory or law enforcement authority for information relating to an 360 Resourcing Solutions contact, you must immediately notify the DPO who will provide comprehensive guidance and assistance.
10 Data Protection Training
We are required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws. We shall also regularly test our systems and processes to assess compliance.
11 Data Transfers
11.1.1 The 360 Resourcing Solutions services/entities may transfer personal data to internal or third party recipients located in another country where that country is recognised as having an adequate level of legal protection for the rights and freedoms of the relevant Data Subjects. The 360 Resourcing Solutions services/entities may only transfer personal data where one of the transfer scenarios list below applies:
- The Data Subject has given consent to the proposed transfer;
- The transfer is necessary for the performance of a contract with the Data Subject;
- The transfer is necessary for the implementation of pre-contractual measures taken in response to the Data Subject’s request;
- The transfer is necessary for the conclusion or performance of a contract concluded with a third party in the interest of the Data Subject;
- The transfer is legally required on important public interest grounds;
- The transfer is necessary for the establishment, exercise or defence of legal claims; or
- The transfer is necessary in order to protect the vital interests of the Data Subject.
11.2 Transfers between 360 Resourcing Solutions services/entities
11.2.1 In order for The 360 Resourcing Solutions to carry out its operations effectively across its various services/entities, there may be occasions when it is necessary to transfer personal data internally from one Entity to another, or to allow access to the personal data from an overseas location. Should this occur, the 360 Resourcing Solutions service/entity sending the personal data remains responsible for ensuring protection for that personal data.
11.2.2 The 360 Resourcing Solutions handles the transfer of personal data between 360 Resourcing Solutions services/entities, where the location of the recipient entity is a third country, using the binding corporate rules transfer mechanism. Binding corporate rules provide legally binding, enforceable rights on Data Subjects with regard to the processing of their personal data and must be enforced by each approved 360 Resourcing Solutions service/entity, including their employees. Only transfer the minimum amount of personal data necessary for the particular purpose of the transfer (for example, to fulfil a transaction or carry out a particular service). Ensure adequate security measures are used to protect the personal data during the transfer (including password-protection and encryption, where necessary).
11.3 Transfers to Third Parties
11.3.1 Each 360 Resourcing Solutions service/entity will only transfer personal data to, or allow access by, third parties when it is assured that the information will be processed legitimately and protected appropriately by the recipient. Where third party processing takes place, each 360 Resourcing Solutions service/entity will first identify if, under applicable law, the third party is considered a data controller or a data processor of the personal data being transferred.
11.3.2 Where the third party is deemed to be a data controller, the 360 Resourcing Solutions service/entity will enter into, in cooperation with the Data Protection Officer, an appropriate agreement with the controller to clarify each party’s responsibilities in respect to the personal data transferred. Where the third party is deemed to be a data processor, the 360 Resourcing Solutions service/entity will enter into, in cooperation with the Data Protection Officer, an adequate processing agreement with the data processor. The agreement must require the data processor to protect the personal data from further disclosure and to only process personal data in compliance with the 360 Resourcing Solutions instructions. In addition, the agreement will require the data processor to implement appropriate technical and organisational measures to protect the personal data as well as procedures for providing notification of personal data breaches.
11.3.3 360 Resourcing Solutions has a ‘Standard Data Processing Agreement’ document that, should be used as a baseline template. When a 360 Resourcing Solutions service/entity is outsourcing services to a third party (including cloud computing services), they will identify whether the third party will process personal data on its behalf and whether the outsourcing will entail any third country transfers of personal data. In either case, it will make sure to include, in cooperation with the 360 Resourcing Solutions DPO, adequate provisions in the outsourcing agreement for such processing transfers.
12 Complaints handling
Data subjects with a complaint about the processing of their personal data, should put forward the matter in writing to their appointed contact. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The DPO will inform the Data Subject of the progress and the outcome of the complaint within a reasonable period. If the issue cannot be resolved through consultation between the Data Subject and the DPO, then the Data Subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.
13 Breach Reporting
13.1 Any individual who suspects that a personal data breach has occurred due to the theft or exposure of personal data must immediately notify the DPO providing a description of what has occurred as set out below. Notification of the incident can be made via e-mail firstname.lastname@example.org.
13.2 The Data Protection Officer will investigate all reported incidents to confirm whether or not a personal data breach has occurred. If a personal data breach is confirmed, 360 Resourcing Solutions will follow the authorised procedure as set out below based on the criticality and quantity of the personal data involved. For severe personal data breaches, 360 Resourcing Solutions Executive Team will initiate and chair an emergency response team to coordinate and manage the personal data breach response.
14.1 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 DPO must ensure that the Data Protection Regulator is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
14.2 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 Art 3.2) to the rights and freedoms of Data Subjects, the DPO must ensure that all affected Data Subjects are informed of the breach directly and without undue delay.
14.3 Data breach notifications shall include the following information:
- The categories and approximate number of Data Subjects concerned;
- The categories and approximate number of personal data records concerned;
- The name and contact details of 360 Resourcing Solutions’ DPO;
- The likely consequences of the breach; and
- Details of the measures taken, or proposed to be taken, by 360 Resourcing Solutions to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
15 Roles and Responsibilities
The management team of each 360 Resourcing Solutions service/entity must ensure that all 360 Resourcing Solutions employees responsible for the processing of personal data are aware of and comply with the contents of this Policy. In addition, each 360 Resourcing Solutions service/entity will make sure all third parties engaged to process personal data on their behalf (i.e. their data processors) are aware of and comply with the contents of this Policy. Assurance of such compliance must be obtained from all third parties, whether companies or individuals, prior to granting them access to personal data controlled by 360 Resourcing Solutions.
15.2 Support, Advice and Communication
For advice and support in relation to this Policy, please contact the Data Protection Officer on email email@example.com.
This Policy will be reviewed by the DPO every 2 years, unless there are any changes to regulations or legislation that would enable a review earlier.
17 Records Management
17.1 The GDPR requires us to keep full and accurate records of all our data Processing activities.
17.2 We shall keep and maintain accurate corporate records reflecting our Processing including records of Data Subjects’ Consents and procedures for obtaining Consents in accordance with the Company’s Employee Records: Retention and Erasure Guidelines.
17.3 These records should include, at a minimum, the name and contact details of the Data Controller and the DPO; clear descriptions of the Personal Data types; Data Subject types; Processing activities; Processing purposes; third-party recipients of the Personal Data; Personal Data storage locations; Personal Data transfers; the Personal Data’s retention period and a description of the security measures in place. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows.
18 Terms and Definitions
18.1 Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
18.2 Automated Processing: any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.
18.3 Company Personnel: all employees, workers contractors, agency workers, consultants, directors, members and others.
18.4 Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.
18.5 Data Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.
18.6 Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.
18.7 Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.
18.8 Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection compliance manager or other voluntary appointment of a DPO or refers to the Company data privacy team with responsibility for data protection compliance.
18.9 EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
18.10 Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
18.11 General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.
18.12 Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
18.13 Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
18.14 Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.
18.15 Privacy Guidelines: the Company privacy/GDPR related guidelines provided to assist in interpreting and implementing this Data Protection Policy and Related Policies.
18.17 Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
18.18 Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.
18.19 Related Policies: the Company’s policies, operating procedures or processes related to this Data Protection Policy and designed to protect Personal Data, including: Information Security Policy.
18.20 Special Categories of Data: information revealing racial or ethnic origin, political, religious or similar beliefs, trade union membership, health conditions, sexual life, sexual orientation, biometric or genetic data.
19 Related Legislation and Documents
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
20 Feedback and Suggestions
360 Resourcing Solutions employees may provide feedback and suggestions about this document by emailing firstname.lastname@example.org