Aarhus Fire Protection Ltd
Data Protection Policy for Employees, Workers and Consultants
The Company takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy. With immediate effect this policy replaces any previous Data Protection Policy.
The Company collects and processes personal information, or personal data, relating to its employees, workers and contractors to manage the working relationship. This personal information may be held by the Company on paper or in electronic format. Any Data Protection ‘consent clause’ in its employees, workers and contractors contract, or agreement is immediately revoked. The Company also has separate policies in place in respect of job applicants and other categories of data subject.
This policy applies to all current and former employees, workers and contractors. It is non-contractual and does not form part of any employment contract, casual worker agreement,
consultancy agreement or any other contract for services.
The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data. This policy explains how the Company will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Company.
Data Protection Principles
Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:
· be processed fairly, lawfully and transparently;
· be collected and processed only for specified, explicit and legitimate purposes;
· be adequate, relevant and limited to what is necessary for the purposes for which it is
· Be accurate and kept up to date. Any inaccurate data must be deleted or rectified
· not be kept for longer than is necessary for the purposes for which it is processed;
· Be processed securely.
We are accountable for these principles and must be able to show that we are compliant.
How we define personal data
‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
This policy applies to all personal data whether it is stored electronically, on paper or on other materials. This personal data might be provided to us by you, or someone else (such as a former employer, your doctor, or a credit reference agency), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment (or services) or after its termination. It could be created by your manager or other colleagues.
We will collect and use the following types of personal data about you:
· recruitment information such as your application form and CV, references,
qualifications and membership of any professional bodies and details of any pre-employment assessments;
· your contact details and date of birth;
· the contact details for your emergency contacts;
· details of your skills, qualifications, experience and work history, both with previous employers and with the Company;
· your gender;
· your marital status and family details;
· information about your contract of employment (or services) including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
· your bank details and information in relation to your tax status including your national insurance number;
· your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us;
· information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
· any termination of employment or engagement documentation, including resignation letters, dismissal letters, redundancy letters, minutes of meetings, settlement agreements and related correspondence;
· information relating to your performance and behaviour at work including appraisals;
· training records;
· electronic information in relation to your use of IT systems/swipe cards/telephone systems;
· your images (whether captured on CCTV, by photograph or video);
How we define special categories of personal data
‘Special categories of personal data’ are types of personal data consisting of information as to:
· your racial or ethnic origin;
· your political opinions;
· your religious or philosophical beliefs;
· your trade union membership;
· your genetic or biometric data;
· your health;
· your sex life and sexual orientation; and
· Any criminal convictions and offences.
We may hold and use any of these special categories of your personal data in accordance with the law.
How we define processing
‘Processing’ means any operation which is performed on personal data such as:
· collection, recording, organisation, structuring or storage;
· adaption or alteration;
· retrieval, consultation or use;
· disclosure by transmission, dissemination or otherwise making available;
· alignment or combination; and
· Restriction, destruction or erasure.
This includes processing personal data which forms part of a filing system and any
How will we process your personal data?
The Company will process your personal data (including special categories of personal data) in
accordance with our obligations under the 2018 Act.
We will use your personal data for:
· performing the contract of employment (or services) between us;
· complying with any legal obligation; or
· If it is necessary for our legitimate interests (or for the legitimate interests of
someone else). However, we can only do this if your interests and rights do not
override ours (or theirs). You have the right to challenge our legitimate interests and
request that we stop this processing. See details of your rights below.
We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and
the legal basis that we intend to rely on for processing it. If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you may suffer from.
Examples of when we might process your personal data
We have to process your personal data in various situations during your recruitment, employment
(or engagement) and even following termination of your employment (or engagement). This
includes (see section ‘Special Categories’ below for the meaning of the asterisks):
· to decide whether to employ (or engage) you;
· to decide how much to pay you, and the other terms of your contract with us;
· to check you have the legal right to work for us;
· to carry out the contract between us including where relevant, its termination;
· training you and reviewing your performance*;
· to decide whether to promote you;
· to decide whether and how to manage your performance, absence or conduct*;
· to carry out a disciplinary or grievance investigation or procedure in relation to you or someone else;
· to determine whether we need to make reasonable adjustments to your workplace or role because of your disability*;
· to monitor diversity and equal opportunities*;
· to monitor and protect the security (including network security) of the Company, of you, our other staff, customers and others;
· to monitor and protect the health and safety of you, our other staff, customers and third parties*;
· to pay you and provide pension and other benefits in accordance with the contract between us*;
· paying tax and national insurance;
· to provide a reference upon request from another employer;
· to pay trade union subscriptions*;
· monitoring compliance by you, us and others with our policies and our contractual obligations*;
· to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us*;
· to answer questions from insurers in respect of any insurance policies which relate to you*;
· running our business and planning for the future;
· the prevention and detection of fraud or other criminal offences;
· to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure*;
We will only process special categories of your personal data (see above bullet point) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting email@example.com
We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:
· where it is necessary for carrying out rights and obligations under employment law;
· where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
· where you have made the data public;
· where processing is necessary for the establishment, exercise or defence of legal claims; and
· Where processing is necessary for the purposes of occupational medicine or for the assessment of your working capacity.
We may also process these special categories of personal information, and information about any criminal convictions and offences, where we have your explicit written consent. In this case, we will first provide you with full details of the personal information we would like and the reason we need it, so that you can properly consider whether you wish to consent or not. It is entirely your choice whether to consent. Your consent can be withdrawn at any time.
The purposes for which we are processing, or will process, these special categories of your personal information, and information about any criminal convictions and offences, are to:
· assess your suitability for employment, engagement or promotion
· comply with statutory and/or regulatory requirements and obligations, e.g. carrying out criminal record checks
· comply with the duty to make reasonable adjustments for disabled employees and workers and with other disability discrimination obligations
· administer the contract we have entered into with you
· ensure compliance with your statutory and contractual rights
· operate and maintain a record of sickness absence procedures
· ascertain your fitness to work
· manage, plan and organise work
· enable effective workforce management
· ensure payment of SSP or contractual sick pay
· meet our obligations under health and safety laws
· make decisions about continued employment or engagement
· operate and maintain a record of dismissal procedures
· ensure effective HR, personnel management and business administration
· ensure adherence to Company rules, policies and procedures
· monitor equal opportunities
We might process special categories of your personal data for the purposes stated in paragraph ‘examples of when we might process your personal data’ which have an asterisk beside them. In particular, we will use information in relation to:
· your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities;
· your sickness absence, health and medical conditions to monitor your absence, assess your fitness for work, to pay you benefits, to comply with our legal obligations under employment law including to make reasonable adjustments and to look after your health and safety; and
· Your trade union membership to pay any subscriptions and to comply with our legal
obligations in respect of trade union members.
We do not take automated decisions about you using your personal data or use profiling in relation to you.
Sharing your personal data
Your personal information may be shared internally within the Company, including with members of the HR department, payroll staff, your line manager, other managers in the department in which you work and IT staff if access to your personal information is necessary for the performance of their roles.
The Company may also share your personal information with third-party service providers (and their designated agents), including:
· external organisations for the purposes of conducting pre-employment reference and
employment background checks
· payroll providers
· benefits providers and benefits administration, including insurers
· pension scheme provider and pension administration
· occupational health providers
· external IT services
· external auditors
· professional advisers, such as lawyers and accountants
The Company may also share your personal information with other third parties in the context of a potential sale or restructuring of some or all of its business. In those circumstances, your personal information will be subject to confidentiality undertakings.
We may also need to share your personal information with a regulator or to otherwise comply with the law.
We may share your personal information with third parties where it is necessary to administer the contract we have entered into with you, where we need to comply with a legal obligation, or where it is necessary for our legitimate interests (or those of a third party).
We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.
How should you process personal data for the Company?
Everyone who works for, or on behalf of, the Company has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and the Company’s Data Security and Data Retention policies.
Tony Hartley is responsible for reviewing this policy and updating the Board of Directors on the Company’s data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to this person.
You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of the Company and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.
· You should not share personal data informally.
· You should keep personal data secure and not share it with unauthorised people.
· You should regularly review and update personal data which you have to deal with for work.
This includes telling us if your own contact details change.
· You should not make unnecessary copies of personal data and should keep and dispose of
any copies securely.
· You should use strong passwords.
· You should lock your computer screens when not at your desk.
Personal data should be encrypted before being transferred electronically to authorised external
contacts. [Speak to IT for more information on how to do this.]]
Consider anonymising data or using separate keys/codes so that the data subject cannot be identified. Do not save personal data to your own personal computers or other devices.
Personal data should never be transferred outside the European Economic Area except in compliance with the law and authorisation of the Data Protection Officer [insert name].
You should lock drawers and filing cabinets. Do not leave paper with personal data lying about. You should not take personal data away from Company’s premises without authorisation from your line manager Personal data should be shredded and disposed of securely when you have finished with it.
You should ask for help if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.
Any deliberate or negligent breach of this policy by you may result in disciplinary action being taken against you in accordance with our disciplinary procedure.
It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure, which could result in your dismissal.
How does the Company protect your personal information?
The Company has put in place measures to protect the security of your personal information. It has internal policies, procedures and controls in place to try and prevent your personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way.
In addition, we limit access to your personal information to those employees, workers, agents, contractors and other third parties who have a business need to know in order to perform their job duties and responsibilities. You can obtain further information about these measures from Tony Hartley.
Where your personal information is shared with third-party service providers, we require all third parties to take appropriate technical and organisational security measures to protect your personal information and to treat it subject to a duty of confidentiality and in accordance with data protection law. We only allow them to process your personal information for specified purposes and in accordance with our written instructions and we do not allow them to use your personal information for their own purposes.
For how long does the Company keep your personal information?
The Company will only retain your personal information for as long as is necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, tax, health and safety, reporting or accounting requirements.
The Company will generally hold your personal information for the duration of your employment or engagement. The exceptions are:
· any personal information supplied as part of the recruitment process will not be retained if it has no bearing on the ongoing working relationship
· personal information about criminal convictions and offences collected in the course of the recruitment process will be deleted once it has been verified through a DBS criminal record
check, unless, in exceptional circumstances, the information has been assessed by the Company as relevant to the ongoing working relationship
· it will only be recorded whether a DBS criminal record check has yielded a satisfactory or unsatisfactory result, unless, in exceptional circumstances, the information in the criminal
record check has been assessed by the Company as relevant to the ongoing working relationship
· if it has been assessed as relevant to the ongoing working relationship, a DBS criminal record check will nevertheless be deleted after [six months] or once the conviction is “spent” if earlier (unless information about spent convictions may be retained because the role is an excluded occupation or profession)
· Disciplinary, grievance and capability records will only be retained until the expiry of any warning given (but a summary disciplinary, grievance or performance management record will
still be maintained for the duration of your employment).
Once you have left employment or your engagement has been terminated, we will generally hold your personal information for one year after the termination of your employment or engagement, but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal information for up to [six years] to protect against legal risk, e.g. if they could be relevant to a possible legal claim in a tribunal, County Court or High Court. We will hold payroll, wage and tax records (including salary, bonuses, overtime, expenses, benefits and pension information, National Insurance number, PAYE records, tax code and tax status information) for [six years] after the termination of your employment or engagement. Overall, this means that we will “thin” the file of personal information that we hold on you [one year] after the termination of your employment or engagement, so that we only continue to retain for a longer period what is strictly necessary.
Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our IT systems and we will also require third parties to destroy or erase such personal information where applicable.
In some circumstances we may anonymise your personal information so that it no longer permits your identification. In this case, we may retain such information for a longer period.
How to deal with data breaches We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.
If you are aware of a data breach you must contact Tony Hartley immediately and keep any evidence you have in relation to the breach.
Subject access requests
Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request you should forward it immediately to the Tony Hartley who will coordinate a response.
If you would like to make a SAR in relation to your own personal data you should make this in writing to Tony Hartley. We must respond within one month unless the request is complex or
numerous in which case the period in which we must respond can be extended by a further two months.
There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.
2 Your data subject rights You have the right to information about what personal data we process, how and on what basis as set out in this policy.
You have the right to access your own personal data by way of a subject access request (see above). You can correct any inaccuracies in your personal data. To do you should contact Tony Hartley. You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact Tony Hartley. While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact Tony Hartley. You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop. You have the right to object if we process your personal data for the purposes of direct marketing. You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
With some exceptions, you have the right not to be subjected to automated decision-making. You have the right to be notified of a data security breach concerning your personal data.
In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact Tony Hartley. You have the right to complain to the Information Commissioner. You can do this by contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk).
This website has further information on your rights and our obligations.
Changes to this policy
The Company reserves the right to update or amend this policy at any time, including where the Company intends to further process your personal information for a purpose other than that for which the personal information was collected or where we intend to process new types of personal information. We will issue you with a new policy when we make significant updates or
amendments. We may also notify you about the processing of your personal information in other ways.
If you have any questions about this policy or how we handle your personal information, please contact us on 01617678715.
I acknowledge receipt of this policy notice and I confirm that I have read and understood it.