GDPR & Data Policies

The following is a summary of Synyega’s policy setting out how we comply with our data protection obligations and seek to protect personal data.  Including how it obtains, keeps and uses personal information (also referred to as data) about job applicants and about current and former employees, temporary and agency workers, contractors, interns, volunteers and apprentices for a number specific lawful purposes.

This policy sets out how we comply with our data protection obligations and seek to protect personal information relating to our workforce. Its purpose is also to ensure that staff understand and comply with the rules governing the collection, use and deletion of personal information to which they may have access in the course of their work.

We are committed to complying with our data protection obligations, and to being concise, clear and transparent about how we obtain and use personal information relating to our workforce, and how (and when) we delete that information once it is no longer required.

Our data protection officer, is responsible for data protection compliance within our company. If you have any questions or comments about the content of this policy or if you need further information, you should contact the data protection officer at [email protected].

Scope

This policy applies to the personal information of job applicants and current and former staff, including employees, temporary and agency workers, interns, volunteers and apprentices.

Definitions

Data protection principles

The Company will comply with the following data protection principles when processing personal information

• we will process personal information lawfully, fairly and in a transparent manner;
• we will collect personal information for specified, explicit and legitimate purposes only, and will not process it in a way that is incompatible with those legitimate purposes;
• we will only process the personal information that is adequate, relevant and necessary for the relevant purposes;
• we will keep accurate and up to date personal information, and take reasonable steps to ensure that inaccurate personal information is deleted or corrected without delay;
• we will keep personal information for no longer than is necessary for the purposes for which the information is processed; and
• we will take appropriate technical and organisational measures to ensure that personal information is kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

Basis for processing personal information

In relation to any processing activity we will, before the processing starts for the first time, and then regularly while it continues:

• review the purposes of the particular processing activity, and select the most appropriate lawful basis (or bases) for that processing, i.e.:
  • that the data subject has consented to the processing;
  • that the 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;
  • that the processing is necessary for compliance with a legal obligation to which the Company is subject;
  • that the processing is necessary for the protection of the vital interests of the data subject or another natural person;
  • that the processing is necessary for the purposes of legitimate interests of the Company or a third party, except where those interests are overridden by the interests of fundamental rights and freedoms of the data subject
• except where the processing is based on consent, satisfy ourselves that the processing is necessary for the purpose of the relevant lawful basis (i.e. that there is no other reasonable way to achieve that purpose);
• document our decision as to which lawful basis applies, to help demonstrate our compliance with the data protection principles;
• include information about both the purposes of the processing and the lawful basis for it in our relevant privacy notice(s);
• where sensitive personal information is processed, also identify a lawful special condition for processing that information (see paragraph 6.2.2 below), and document it; and
• where criminal offence information is processed, also identify a lawful condition for processing that information, and document it.
   

When determining whether the Company's legitimate interests are the most appropriate basis for lawful processing, we will:

• conduct a legitimate interests assessment (LIA) and keep a record of it, to ensure that we can justify our decision;
• if the LIA identifies a significant privacy impact, consider whether we also need to conduct a data protection impact assessment (DPIA);
• keep the LIA under review, and repeat it if circumstances change; and
• include information about our legitimate interests in our relevant privacy notice(s).

Sensitive personal information

Sensitive personal information is sometimes referred to as 'special categories of personal data', 'special category data' or 'sensitive personal data'.  The Company may from time to time need to process sensitive personal information. We will only process sensitive personal information if:

• we have a lawful basis for doing so, e.g. it is necessary for the performance of the employment contract, to comply with the Company's legal obligations or for the purposes of the Company's legitimate interests; and
• one of the special conditions for processing sensitive personal information applies, e.g.:
  • the data subject has given explicit consent;
  • the processing is necessary for the purposes of exercising the employment law rights or obligations of the Company or the data subject;
  • the processing is necessary to protect the data subject's vital interests, and the data subject is physically incapable of giving consent;
  • processing relates to personal data which are manifestly made public by the data subject;
  • the processing is necessary for the establishment, exercise or defence of legal claims; or
  • the processing is necessary for reasons of substantial public interest.

The Company's data protection privacy notice sets out the types of sensitive personal information that the Company processes, what it is used for and the lawful basis for the processing.

Data protection impact assessments (DPIAs)

Where processing is likely to result in a high risk to an individual's data protection rights (e.g. where the Company is planning to use a new form of technology), we will, before commencing the processing, carry out a DPIA to assess:

• whether the processing is necessary and proportionate in relation to its purpose;
• the risks to individuals; and
• what measures can be put in place to address those risks and protect personal information.

Before any new form of technology is introduced, the manager responsible should therefore contact the data protection officer in order that a DPIA can be carried out.

Privacy notice

The Company will issue privacy notices from time to time, informing you about the personal information that we collect and hold relating to you, how you can expect your personal information to be used and for what purposes.  We will take appropriate measures to provide information in privacy notices in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Individual rights

You (in common with other data subjects) have the following rights in relation to your personal information:

• to be informed about how, why and on what basis that information is processed—see the Company's data protection privacy notice;
• to obtain confirmation that your information is being processed and to obtain access to it and certain other information, by making a subject access request—see the Company's subject access request policy;
• to have data corrected if it is inaccurate or incomplete;
• to have data erased if it is no longer necessary for the purpose for which it was originally collected/processed, or if there are no overriding legitimate grounds for the processing (this is sometimes known as 'the right to be forgotten');
• to restrict the processing of personal information where the accuracy of the information is contested, or the processing is unlawful (but you do not want the data to be erased), or where the employer no longer needs the personal information but you require the data to establish, exercise or defend a legal claim; and
• to restrict the processing of personal information temporarily where you do not think it is accurate (and the employer is verifying whether it is accurate), or where you have objected to the processing (and the employer is considering whether the organisation's legitimate grounds override your interests).

If you wish to exercise any of the rights, please contact our data protection officer at [email protected].

Individual obligations

Individuals are responsible for helping the Company keep their personal information up to date. You should let the Company know if the information you have provided to the Company changes, for example if you move house or change details of the bank or building society account to which you are paid.

You may have access to the personal information of other members of staff, suppliers and customers or clients of the Company in the course of your employment or engagement. If so, the Company expects you to help meet its data protection obligations to those individuals. For example, you should be aware that they may also enjoy the rights set out above.

If you have access to personal information, you must:

• only access the personal information that you have authority to access, and only for authorised purposes;
• only allow other Company staff to access personal information if they have appropriate authorisation;
• only allow individuals who are not Company staff to access personal information if you have specific authority to do so from the data protection officer;
• keep personal information secure (e.g. by complying with rules on access to premises, computer access, password protection and secure file storage and destruction and other precautions set out in the Company's information security policy);
• not remove personal information, or devices containing personal information (or which can be used to access it), from the Company's premises unless appropriate security measures are in place (such as pseudonymisation, encryption or password protection) to secure the information and the device; and
• not store personal information on local drives or on personal devices that are used for work purposes.

You should contact the data protection officer if you are concerned or suspect that one of the following has taken place (or is taking place or likely to take place):

• processing of personal data without a lawful basis for its processing or, in the case of sensitive personal information, without one of the conditions in paragraph 6.2.2 being met;
• any data breach as set out in paragraph 13.1 below;
• access to personal information without the proper authorisation;
• personal information not kept or deleted securely;
• removal of personal information, or devices containing personal information (or which can be used to access it), from the Company's premises without appropriate security measures being in place;
• any other breach of this policy or of any of the data protection principles set out above.

Information security

The Company will use appropriate technical and organisational measures to keep personal information secure, and in particular to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage. These may include:

• making sure that, where possible, personal information is pseudonymised or encrypted;
• ensuring the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• ensuring that, in the event of a physical or technical incident, availability and access to personal information can be restored in a timely manner; and
• a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

Storage & retention of personal information

Personal information (and sensitive personal information) will be kept securely in accordance with the Company's information security policy.  Personal information (and sensitive personal information) should not be retained for any longer than necessary. The length of time over which data should be retained will depend upon the circumstances, including the reasons why the personal information was obtained. Personal information (and sensitive personal information) that is no longer required will be deleted permanently from our information systems and any hard copies will be destroyed securely.

Data breaches

A data breach may take many different forms, for example:

• loss or theft of data or equipment on which personal information is stored;
• unauthorised access to or use of personal information either by a member of staff or third party;
• loss of data resulting from an equipment or systems (including hardware and software) failure;
• human error, such as accidental deletion or alteration of data;
• unforeseen circumstances, such as a fire or flood;
• deliberate attacks on IT systems, such as hacking, viruses or phishing scams; and
• 'blagging' offences, where information is obtained by deceiving the organisation which holds it.

The Company will:

• make the required report of a data breach to the Information Commissioner's Office without undue delay and, where possible within 72 hours of becoming aware of it, if it is likely to result in a risk to the rights and freedoms of individuals; and
• notify the affected individuals if a data breach is likely to result in a high risk to their rights and freedoms and notification is required by law.