Data Protection Policy

Introduction

This Data Protection Policy explains how we, Optimodo Marketing Ltd, process the personal data of our clients, employees, prospects, suppliers, workers and other third parties.

This Data Protection Policy applies to all personal data we process irrespective of the media where that data is stored and could be the data of past or present employees, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.

All definitions used in this Data Protection Policy shall have the meaning given in the General Data Protection Regulation ((EU) 2016/679) (GDPR).

We are a data controller and a data processor under the GDPR.  All our team are responsible for developing and encouraging good information handling practices.  Their responsibilities are set out in individual job descriptions.

We will ensure that all personal data Is treated in the correct and lawful way, safeguarding its confidentiality, availability and integrity.

Our Data Protection Officer (DPO) is responsible for overseeing this Data Protection Policy. 

They are specifically responsible for:

• Data protection on a day-to-day basis and is a first point of contact for data compliance questions.

• Reviewing any changes to our activities (as determined by changes to the data inventory and recommendations). This inventory is available on the supervisory authority’s request.

• Development and implementation of the GDPR, along with security and risk management as required by this policy.

• Responding to any additional requirements that are identified by data protection impact assessments. 

• Responding to Data Subject access requests.

• Handling data breaches.

• For ensuring that all staff are trained in the importance of collecting accurate data and maintaining it. 

• Keeping third parties up to date of any changes in personal data to ensure correct decisions are made.

• Deciding on data retention periods considering industry guidelines and legal requirements.

When assessing appropriate technical measures, the DPO will consider the following:

• Password protection.

• Automatic locking of idle terminals.

• Removal of access rights for USB and other memory media.

• Virus checking software and firewalls.

• Role-based access rights including those assigned to temporary staff.

• Encryption of devices that leave the organisations premises such as laptops.

• Security of local and wide area networks.

• Privacy enhancing technologies such as pseudonymisation and anonymisation.

• Identifying all relevant and appropriate international security standards relevant.

When assessing appropriate organisational measures the DPO will consider the following:

• The appropriate training levels throughout the company.

• Include an on boarding and leavers process to ensure that all personal data is deleted, archived and or removed from their personal device as required after a person’s role has finished and that their access rights to information are revoked.

• Measures that consider the reliability of employees (such as references etc.).

• The inclusion of data protection in employment contract.

• Identification of disciplinary action measures for data breaches.

• Monitoring of staff for compliance with relevant security standards.

• Physical access controls to electronic and paper-based records.

• Adoption of a clear desk policy.

• Storing of paper-based data in lockable fire-proof cabinets.

• Restricting the use of portable electronic devices outside of the workplace.

• Implementing a bring your own devices policy, taking into account the categories of data and the safeguards they require.

• Adopting clear rules about passwords.

• Making regular backups of personal data and storing the media off-site.

• The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.

• Ensuring that any external storage devices are scanned and approved before use.

• All proper procedures and processes required to safeguard IT systems should be followed at all times.  

Their contact details are: Jack Walker, in**@op***************.uk

Policy statement

This policy applies to:

• Our team.

• Partners and any third parties that work with us and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access any personal data that we hold without having first entered into a data confidentiality agreement.  We have the right to audit third party compliance with the agreement.

Data Protection Principles

We observe the principles relating to the processing of Personal data stated in the GDPR which require personal data to be:

(a)  processed lawfully, fairly and in a transparent manner.

(b)  collected only for specified, explicit and legitimate purposes.

(c)  adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.

(d)  accurate and where necessary kept up to date.

(e)  Anonymising the data as soon as specific details are not required for the purposes for which the data is processed.

(f)  processed in a manner that safeguards its security using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage.

(g)  not transferred to another country without appropriate safeguards being in place; and

(h)  made available to Data Subjects and allow Data Subjects to exercise certain rights in relation to their personal data).

Lawfulness, Fairness and Transparency  

Personal data must be processed lawfully, fairly and in a transparent manner in relation to the Data Subject.

We may only collect, process and share personal data fairly and lawfully and for specified purposes. The GDPR restricts our actions regarding personal data to ensure that the legal basis for processing is agreed.  These restrictions make sure we process personal data fairly and without adversely affecting the Data Subject as opposed to preventing processing.

The GDPR allows processing for specific purposes, some of which are set out below:

(a)  the Data Subject has given their consent;

(b)  the processing is necessary for the performance of a contract with the Data Subject;

(c)  to meet our legal compliance obligations;

(d)  to protect the Data Subject’s vital interests

(e)  to pursue our legitimate interests for purposes where they are not overridden because the processing prejudices the interests or fundamental rights and freedoms of Data Subjects. 

Where we process data under the legitimate interests grounds above, the purposes for which we process personal data for legitimate interests are set out in our Privacy Policy.

Consent

A Data Subject consents to processing of their personal data if they show agreement clearly either by a statement or positive action to the processing.  To clarify, consent requires a positive action so silence, pre-ticked boxes or inactivity is not enough.  If consent is given in a document which deals with other matters, then the consent must be kept separate from those other matters.

It must be as easy for the Data Subject to withdraw consent to it is to provide consent for processing.  Any withdrawal request must be dealt with quickly. Consent may need to be refreshed if we intend to process personal data for a different purpose which was not mentioned when the Data Subject first consented.

When processing special category data or criminal convictions data, we will usually rely on legal obligation for processing other than explicit consent or consent if possible. Where explicit consent is relied on, we will issue a request to the Data Subject that requires their signature of the Data to obtain explicit consent.

We will keep records of all consents so that we can demonstrate compliance with consent requirements.

Transparency 

As a Data Controller we need to provide detailed, specific information to Data Subjects irrespective of whether their personal data was collected directly from themselves or elsewhere. How we use this information must be explained in our Privacy Policy.  It must be concise, transparent, intelligible, easily accessible, and in clear and understandable language.   We must also explain how and why we will use, process, disclose, protect and retain that personal data.  

You can view our Privacy Policy here: https://optimodomarketing.co.uk/privacy-policy/ 

When personal data is collected indirectly (for example, from a third party or publicly available source), we must provide the Data Subject with all the information required by the GDPR if we are required as soon as possible after collecting or receiving the data. We must also check that the personal data that is provided by a third party also complies with the GDPR and that we can use it for its potential purpose.

Purpose Limitation  

We will only collect and process personal data for specified, explicit and legitimate purposes. We will not use it for any other reason and will obtain additional consent if required.

Data Minimisation

Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.  When personal data is no longer needed for specified purposes, it is deleted or anonymised in accordance with our data retention schedule which is available on request. 

Accuracy 

Personal data must be kept accurately and up to date and amended without delay.

We ensure that the personal data we process is accurate, regularly updated and relevant to the purpose for which we collected it. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We take all reasonable steps to destroy or amend inaccurate or out-of-date personal data in accordance with our data retention schedule.

Storage Limitation

Personal data must be deleted or anonymised after it is no longer needed for its original purpose.   We will take all reasonable steps to destroy and delete personal data from our systems.  We use a data retention schedule and procedures are in place to ensure personal data is deleted after a reasonable time. The data retention schedule includes a basis for retention which may be industry guidelines or legal requirements.  This may also include requiring 3rd parties to delete data where appropriate.

Security Integrity, Confidentiality and Availability

Personal data must be secured by suitable technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

We will develop, implement and maintain safety measures appropriate to our business, taking into account the types and quantities of personal data used for ourselves and others and the associated risks that brings.  We will use anonymisation, encryption and pseudonymisation where applicable. 

We will regularly assess and test these safeguards to ensure security of our processing of personal data. We will implement applicable security measures against unlawful or unauthorised processing of personal data and against the accidental loss of, or damage to, personal data.  Particular care will be taken with special category data to protect it from loss and unauthorised access, use or disclosure.

We will follow all procedures and technological requirements to maintain the security of all personal data from when we collect to when we delete or destroy it. All third parties must agree to put adequate measures in place if transfers are necessary.

We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

Confidentiality means that the personal data is only accessed by appropriate people. 

Only have what you need to know in order to provide the goods and services for your business.  Limit access to those who have a genuine need to know, using role-based access considerations.

Integrity Protecting data against unauthorised modification, corruption or tampering.  This means ensuring that the data processed is correct, accurate, uncompromised and consistent over its entire life cycle from one system to another.

Considerations Include:

Validating data inputs and data outputs.  This involves ensuring software applications only accept, produce or respond to known good inputs and have strong error handling and validation routines.

Protecting against system or hardware failures: Calls for deploying systems on high availability, resilient or cloud-based platforms that reduce single points of failure.

Using encryption to protect data transfers: this involves using appropriate technologies such as VPN’s to safeguard the data being transferred and/or Transport Layer Security to encrypt the traffic end to end.

Implementing safeguards that reduce the likelihood of human error: Steps here could include having supervisors double check sensitive operations that the staff are undertaking.

Availability Protecting data against unplanned loss, destruction or unavailability. 

Considerations include:

Backup and recovery solutions for data, files, systems and applications

Disaster recovery and business continuity planning that detail how your business will handle a major issue that impacts operations

High availability and cloud-based solutions that show resilience in data storage and processing systems.

Impact of environmental factors such as fire or flood or other security incidents.

System resilience against disruption and whether they can continue to operate under adverse conditions, such as those caused by a security incident or technical fault.

Reporting a personal data breach

 As a data controller, we have procedures in place to deal with any suspected personal data breach and will notify you and any supervisory body of a breach if we are legally required to.

Transfer Limitation 

The Data Protection Act 2018 restricts data transfers to countries outside the UK and the EEA to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. Personal data is transferred originating in one country across borders when it is transmitted, sent, viewed or accessed in or to a different country.

We may only transfer personal data outside the UK and the EEA if one of the following conditions applies:

(a)  the European Commission has issued a decision confirming that the country to which we transfer the Personal data ensures an adequate level of protection for the Data Subject’s rights and freedoms;

(b)  appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism;

(c)  the Data Subject has provided explicit consent to the proposed transfer after being informed of any potential risks; or

(d)  the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving consent and, in some limited cases, for our legitimate interest.

Following the EU decision to grant the UK adequacy we will continue our good data protection practices.  Where data transfers are required are outside the EU and UK, these will be reviewed on a case- by- case basis for Standard Contractual Clauses or Binding Corporate Rules requirements.

Data Subject’s Rights and Data Subject Access Requests  

Data Subjects have various rights when it comes to how we handle their personal data. These include to:

Withdraw consent to processing at any time.

Request access to their personal data that we hold.

Erase data if it’s no longer relevant.

Rectify mistakes to incomplete or inaccurate data.

Restrict processing in specific circumstances.

Challenge processing which has been justified on the basis of our legitimate interests or in the public interest.

Object to decisions based solely on automated decision-making, including profiling; 

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.

We must confirm the Data Subject’s identify or their authorised third party before any changes or personal data is issued.

Accountability

We must have in place appropriate measures to ensure that we comply the data protection principles and be able to show this compliance.  We do this by:

• Appointing a suitable DPO.

• Applying data protection by design into our business processes and policies. 

• Completing data flows and DPIAs to reduce risk and duplication of work and data.

• Training our employees and applying the legislation to their relevant duties.

• Testing our measures to show that we are compliant.

Record Keeping

The GDPR requires us to keep full and accurate records of all our data processing activities.  This will be recorded in our data inventory and data protection documentation.  This includes data types, Data Subject types, the legal basis for processing, third-party recipients of the personal data, processing activities, processing purposes, data retention periods, data storage locations and security measures.   We also create data flows which check our business processes for duplication of data and to identify risks.

 Data Protection by design and Data Protection Impact Assessments

We need to ensure that we include data protection by design into our processes and procedures.  This is where we review current ways of processing personal data and reduce risk wherever possible.  Examples of this are pseudonymisation, have less data or increased security measures.

Considerations are:

1. the cost of implementation.

1. the nature, scope, context and purposes of processing; and

1. the risks to Data Subjects caused by the processing

We also conduct DPIAs when making significant business decisions such as:

1. use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);

1. automated decision-making including profiling;

1. large-scale processing of Special Categories of personal data or Criminal Convictions Data; and

1. large-scale, systematic monitoring of a publicly accessible area.

A DPIA includes:

1. a description of the processing, its purposes and the Data Controller’s legitimate interests if appropriate;

1. an assessment of the necessity and proportionality of the processing in relation to its purpose;

1. an assessment of the risk to individuals; and

1. the risk mitigation measures in place and demonstration of compliance. 

2. The specific risks involved and measures to reduce them in their collection, transmission, deletion, storage and access of personal data.

 Automated Decision Making  

Unless a Data Subject has: (a) explicitly consented, (b) the processing is authorised by law or (c) the processing is necessary for the performance of or entering into a contract, automated decision-making is prohibited when a decision has a legal or similar significant effect on a Data Subject.

If certain types of Special Categories of personal data or Criminal Convictions Data are being processed, then grounds (b) or (c) will not be allowed but the special categories of personal data and criminal convictions data can be processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.

Data Subjects must be notified if a decision is to be based solely on automated decision-making (including profiling), when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject’s rights and freedoms and legitimate interests.

We must also inform the Data Subject why automated decision making is used, it’s possible consequences and explain their rights that they have the right to be refused by a human and can question this decision.

Before starting before any automated decision-making (including profiling) A DPIA must be completed.

Direct Marketing

We are subject to certain rules and privacy laws when marketing to our customers or prospects.

For example, a Data Subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls).

 The very limited exception for existing customers known as “soft opt-in” allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.  This is not a course of action that we would follow in the first instance and would obtain consent for communication not covered by legitimate interest, contractual obligation, vital interests, public interest and legal obligation.

The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.

A Data Subject’s objection to direct marketing must be promptly acted upon.  Their details should be deleted and only the care minimum kept so that they are not contacted again in error.

We comply with all of these rules on marketing.

Sharing Personal Data

Essentially, we are not allowed to share personal data with third parties unless safeguards and contractual arrangements are used.

We may only share the personal data we hold with third parties, such as our service providers, if:

(a)  they have a need to know the information for the purposes of providing the contracted services;

(b)  sharing the personal data complies with the Privacy Policy provided to the Data Subject and, if required, the Data Subject’s consent has been obtained;

(c)  the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;

(d)  the transfer complies with any applicable cross-border transfer restrictions; and

(e)  a fully executed written contract that contains GDPR-approved third party clauses has been obtained.

Change History Record