ImageFast Data Protections and Privacy Policy

Our specific data protection measures

In relation to our use of personal data we take the following measures:

Data Minimisation

Under Article 5 of the GDPR, principle (c) advises that data should be 'limited to what is necessary', which forms the basis of our minimalist approach. We only ever obtain, retain, process and share the data that is essential for carrying out our services and/or meeting our legal obligations and only retain data for as long as is necessary.

Our systems, employees, processes and activities are designed to limit the collection of personal information to that which is directly relevant and necessary to accomplish the specified purpose. Data minimisation enables us to reduce data protection risks and breaches and supports our compliance with the data protection laws.

Measures to ensure that only the necessary data is collected includes: -

Electronic collection (i.e. forms, website, surveys etc) only have the fields that are relevant to the purpose of collection and subsequent processing. We do not include 'optional' fields, as optional denotes that it is not necessary to obtain
Physical collection (i.e. face-to-face, telephone etc) is supported using scripts and internal forms where the required data collection is ascertained using predefined fields. Again, only that which is relevant and necessary is collected
We have SLA's and bespoke agreements in place with third-party controllers who send us personal information (either in our capacity as a controller or processor). These state that only relevant and necessary data is to be provided as it relates to the processing activity we are carrying out
We have documented destruction procedures in place where a data subject or third-party provides us with personal information that is surplus to requirement
Forms, contact pages and any documents used to collect personal information are reviewed every 3-months to ensure they are fit for purpose and only obtaining necessary personal information in relation to the legal basis being relied on and the purpose of processing

Pseudonymisation

We utilise pseudonymisation where possible to record and store personal data in a way that ensures it can no longer be attributed to a specific data subject without the use of separate, additional information (personal identifiers). Encryption and partitioning is also used to protect the personal identifiers, being kept separate from the pseudonymised data sets. When using pseudonymisation, we ensure that the attribute(s) being removed and replaced, are unique and prevent the data subject from being identified through the remaining markers and attributes. Pseudonymisation can mean that the data subject is still likely to be identified indirectly and as such, we use this technique in conjunction with other technical and operational measures of risk reduction and data protection.

Encryption

We utilise encryption as a further risk prevention measure for securing the personal data that we hold. Encryption with a secret key is used to make data indecipherable unless decryption of the dataset is carried out using the assigned key. We utilise encryption via secret key for transferring personal data to any external party and provide the secret key in a separate format. Where special category information is being transferred and/or disclosed, the Data Protection Officer is required to authorise the transfer and review the encryption method for compliance and accuracy.

Restriction

Our Privacy by Design approach means that we use company-wide restriction methods for all personal data activities. Restricting access is built into the foundation of the Company’s processes, systems and structure and ensures that only those with authorisation and/or a relevant purpose, have access to personal information.

Due to the nature of our business, it is sometimes essential for us to obtain, process and share personal and special category information which is only available in a paper format without pseudonymisation options (i.e. copies of patient records, hospital invoices or claims information). Where this is necessary, we utilise a tiered approach to minimise the information we hold and/or the length of time we hold it for.

Steps include: -

In the first instance, we always ask the initial data controller to send copies of any personal information records directly to the data subject.
Where step 1 is not possible or feasible, we will obtain a copy of the data and if applicable redact to ensure that only the relevant information remains (i.e. when the data is being passed to a third-party for processing and not directly to the data subject).
When only mandatory information is visible on the hard copy data, we utilise electronic formats to send the information to the recipient to ensure that encryption methods can be applied (i.e. we do not use the postal system as this can be intercepted).
Recipients (i.e. the data subject, third-party processer) are recertified and their identity and contact details checked.
The Data Protection Officer authorises the transfer and checks the file(s) attached and encryption method and key.
Once confirmation has been obtained that the recipient has received the personal information, where possible (within the legal guidelines and rules of the data protection laws), we destroy the hard copy data and delete the sent message.
If for any reason a copy of the paper data must be retained by the Company, we store in a locked cupboard to store such documents as oppose to our standard archiving system.

Section A: Overview

The reason for this policy
- You have legal rights with regard to the way your personal data is handled.
- In the course of our business activities we collect, store and process personal data about our customers, suppliers and other third parties and therefore, in order to comply with the law and to maintain confidence in our business, we acknowledge the importance of correct and lawful treatment of this data.
- All people working in or with our business are obliged to comply with this policy when processing personal data.
Introduction
- This policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, for example, customers and business contacts, or that is provided to us by data subjects or other sources.
- In this policy when we say “you’ or “your” we are generally referring to the data subjects unless the context requires otherwise.
- It also sets out our obligations in relation to data protection under the General Data Protection Regulation 2016 (“the GDPR Rules”).
- This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer and store personal data.
- We agree to ensure that all of our directors, employees, consultants and agents comply with this policy.
- We aim to ensure the correct, lawful, and fair handling of your personal data and to respect your legal rights.
The meaning of key Data Protection terms
- data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
- data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
- personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.
- data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.
- processing is any activity that involves 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 transferring personal data to third parties.

4. Summary of the Data Protection Principles

This Policy aims to ensure compliance with the GDPR Rules. The GDPR Rules sets out the following principles with which any party handling personal data must comply.

All personal data must be:

Processed fairly and lawfully – it must be processed fairly and lawfully and it must be processed - in relation to you as the data subject - in a transparent manner
Processed for limited purposes and in an appropriate way - the purposes for which it is collected must be explicit, specified and legitimate
Adequate, relevant and not excessive for the purpose
Accurate – as well as being accurate it must be kept up to date with inaccurate data deleted
Not kept longer than necessary for the purpose
Processed in line with data subject's rights
Security – there must appropriate technical or organisational measures to ensure appropriate security

In addition, personal data must not be transferred outside the European Economic Area (the “EEA”) without adequate protection.

Section B: Data Protection Principles

5. Notifying Data Subjects

As part of complying with the principles in para 4 above, if you provide us with personal data we will always try to tell you:

the purpose or purposes for which we intend to process that personal data
the types of third parties, if any, with which we will share or to which we will disclose that personal data
how you can limit our use and disclosure of their personal data
if we receive personal data from other sources.

6. Lawful, Fair, and Transparent Data Processing

The GDPR Rules are not intended to prevent the processing of personal data but to ensure that it is done fairly and without adversely affecting your rights. The processing of personal data is lawful if one (or more) of the following applies:

(consent) the data subject has consented for a specific purpose;
(contract) if the data subject requests the processing with a view to entering into a contract or the processing is necessary for the performance of a contract
(legal obligation) if the processing is necessary for the compliance with a legal obligation to which the data controller is subject
(protection) processing is necessary to protect your vital interests or those of another natural person
(public interest) it is in the public interest for a task to be carried out which requires such processing, or the task is to be carried out as a result of the exercise of any official authority held by the data controller;
(legitimate interests) for the legitimate interest of the data controller or the party to whom the personal data is disclosed.

7 Processed for limited purposes and in an appropriate way

In the course of our business, we may collect and process the personal data set out above. This may include personal data we receive directly from you (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies and others).

We will only process personal data for the specific purposes set out above or for any other purposes specifically permitted by the GDPR Rules. We will notify those purposes to you when we first collect the personal data or as soon as possible thereafter.

Adequate, Relevant and not excessive for the purpose

We will only collect and process personal data for the specific purpose(s) set out above.

Accuracy of Data and Keeping Data Up To Date - We will keep your personal data accurate and up-to-date. We will check its accuracy regularly. When we find inaccurate or out-of-date data we will take reasonable steps to amend or erase that data.
Timely Processing - We will only keep your personal data for a period of time which we judge is relevant and necessary taking into account the purpose(s) of collecting the personal data which are specified above.
Processing that is secure - In addition to the measures above:
- we will make sure that the personal data we collect is securely kept and we stop unauthorised processing and prevent its loss, destruction or damage
- we will ensure that only people who are authorised to use personal data can access it and that we have entry controls to our premises and systems, lockable desks and cupboards for confidential personal data and destruction of hard copy documents and digital storage devices
- all authorised persons must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.

Section C: Data Subject Rights

You, as a data subject, have the right to information about:
1. who we are
2. the purpose(s) of collecting your personal data and the legal basis for collecting it and what our legitimate interest is for processing your personal data
3. the categories of personal data collected and where is to be transferred, especially if outside the EEA
4. the length of time we hold personal data (or, where there is no predetermined period, details of how that length of time will be determined)
5. your rights as a data subject including your right to withdraw your consent to processing, the right to complain to the Information Commissioner and also things such as details of any legal requirement for processing personal data that may exist and any automated decision-making that we carry out.

We will try to provide this information when we collect the personal data or, if we collect the personal data from another party, when we communicate with you after the personal data is received.

Data Subject Access
1. You may request access to any data held about you by us (a subject access request (“SAR”)
2. We reserve the right to charge reasonable fees for onerous or repetitive requests.
3. Data subjects must make a formal request for information we hold about them. This must be made in writing.
4. When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
  1. we will check the caller's identity to make sure that information is only given to a person who is entitled to it.
  2. we will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
Accuracy of personal data: right to rectification
1. We will do our best to ensure that all personal data held about you is accurate and complete. We ask that you notify us of any changes to information held about you.
2. You have the right to request that any incomplete or inaccurate information held about you is rectified and to lodge a complaint with us and the Information Commissioner's Office.
3. We will respond to requests to rectify within one month.

Right to be forgotten

You have the right to request the deletion or removal of personal data however requests for erasure can be rejected in certain circumstances.

Right to restriction of Processing

You can block the processing of your personal data. This means we may be able to store it, but cannot process it further without consent. Restricting data is required where the accuracy of data is challenged - but only until the accuracy has been verified.

Right to data portability
1. If you have provided personal data to us you have the right to transfer it from us to someone else.
2. If you request it, we may be required to transmit the data directly to another organisation if feasible. We must respond without undue delay and within one month, or two months if the request is complex.
The right to object

You have a right to object to the processing of your data. We must stop processing unless we can demonstrate a legal ground for the processing.

Automated decision-making
1. You have the right not to be subject to a decision based on automated processing and it produces a legal effect or other significant effect on you.
2. You can request human intervention where personal data is processed using automated decision-making and can ask for an explanation of the decision to use automated decision-making.

Profiling

If we use your personal data for profiling purposes:

We will give you information fully explaining the profiling which will be carried out including its importance and the likely results of that profiling’s;
We will make sure that appropriate mathematical or statistical procedures will be used;
We will implement technical and organisational measures which are required to minimise the risk of mistakes and to enable such mistakes to be easily corrected; and
We will make sure that all personal data processed by us for profiling purposes will be kept secure so as to avoid discriminatory effects resulting from such profiling.

Section D: Our Other Obligations

How we deal with personal data internally
1. We will:
  1. train our employees in relation to our responsibilities under the GDPR Rules
  2. ensure that only appropriately trained, supervised and authorised personal have access to personal data held by us; and
  3. regularly evaluate and review our collection and processing of personal data and the performance of employees and third parties working on our behalf to ensure that it is in accordance with the GDPR Rules.
2. We will keep internal records of personal data that we collect and process incluing, in relation to that personal data, details of the categories, any transfers, our security measures, our purpose of collection and the duration of retention of that personal data. We will also retain details of all third parties that either collect your personal data for us or that we use to process your personal data.
3. We will carry out privacy impact assessments as required by law.
Transferring personal data to a country outside the EEA

We may transfer personal data to countries outside of the EEA however we will ensure that the transfer is:

to a place that the EU has judged to provide adequate levels of protection for personal data
to a place that provides adequate safeguards under either an agreement with a public body, rules that bind companies or standard data protection clauses adopted by the EU or some other form of approved code of conduct approved by a supervisory authority or certification or other contractual clauses or regulatory provisions
necessary for the performance of a contract between you and us or with a view to creating that contract
made with your consent
necessary for important public interest reasons, legal claims, to protect your vital interests

Notification of personal data security breach
1. If a personal data security breach occurs, we will manage and respond to it effectively in accordance with GDPR and it must be reported immediately to our Data Protection Officer.
2. We will notify the Information Commissioners Office (ICO) and any data subject of personal data security breaches to the extent we are required to do so by GDPR.
3. If disclosure is not required by GDPR, we will nevertheless investigate closely all the circumstances surrounding the breach and examine the seriousness of the breach and the benefits that might be obtained by disclosure (such as limiting risks of fraud) and we will give careful consideration to any decision to notify the ICO or you, especially if your rights and freedoms as data subjects are affected.

Data Retention Policy

Introduction

This data retention policy sets out the obligations of ImageFast Limited (“us/we/our”) and the basis upon which we shall retain, review and destroy data held by us, or within our custody or control.

This policy applies to our entire organisation including our officers, employees, agents and sub-contractors and sets out what the retention periods are and when any such data may be deleted.

We are registered under the Information Commissioner’s Office under registration number Z6708402

Objectives

It is necessary to retain and process certain information to enable our business to operate. We may store data in the following places:

our own servers;
any third-party servers;
potential email accounts;
desktops;
laptops
potential backup storage; and/or

our paper files.

This policy applies equally to paper, electronic media and any other method used to store personal data. The period of retention only commences when the record is closed.

We are bound by various obligations under the law in relation to this and therefore, to comply with the law, information must be collected and used fairly, stored safely and not disclosed to any other person unlawfully in respect of their personal data under the General Data Protection Regulation (“the Regulation”).

The Regulation defines “personal data” as any information relating to an identified or identifiable natural person (a data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

This Policy sets out the procedures that are to be followed when dealing with personal data and how we aim to comply with the Regulation in so far as it is possible. In summary, the Regulation states that all personal data shall be:

processed lawfully, fairly, and in a transparent manner in relation to the data subject;
collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject;
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

The Fourth and Fifth Data Protection Principles require that any data should not be kept longer than necessary for the purpose for which it is processed and when it is no longer required, it shall be deleted and that the data should be adequate, relevant and limited for the purpose in which it is processed.

With this in mind, this policy should be read in conjunction with our other policies which are relevant such as our data protection policy and IT security policy.

Security and Storage

All data and records are stored securely to avoid misuse or loss. We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if there is agreement by them to comply with those procedures and policies, or if there are adequate measures in place.

Examples of our storage facilities are as follows:

Offsite storage at Saracen Data Store
Dropbox cloud based encrypted storage
Encrypted CRM system.

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

Confidentiality means that only people who are authorised to use the data can access it.
Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on the [COMPANY'S] central computer system instead of individual PCs.

Retention Policy

Data retention is defined as the retention of data for a specific period of time and for back up purposes.

We shall not keep any personal data longer than necessary, but acknowledge that this will be dependent on the different types of documents and data that we have responsibility for.

As such, our general data retention period shall be for a period of 6 years. Our specific data retention periods are set out below

Type of data

Type of data subject

Type of processing

Purpose of processing

Type of recipient to whom personal data is transferred

Retention period

Data accuracy and minimisation review date

Customers

Email, Name

Contracts, Invoices, proposals

6 years from completion of sale

Suppliers

Email, name

Purchase orders, contracts

6 years from completion of purchase

Employees / Contractors

Name, address, DOB, NI number, bank account details, personal email address, telephone contact numbers, CV’s

Onboarding, employee reviews, payroll

3rd party processor, HR and management team

6 years from termination of employment.

Potential employees

CV’s, name address, email address, telephone contact numbers

1 year from application

Sensitive data

Criminal record, physical or mental health condition

Sickness records, credit checks

Occupational health/ HR record, credit checks required to work clients

HR and management team

6 years from termination of employment

From time to time, it may be necessary to retain or access historic personal data under certain circumstances such as if we have contractually agreed to do so or if we have become involved in unforeseen events like litigation or business disaster recoveries.

Destruction and Disposal

Upon expiry of our retention periods, we shall delete confidential or sensitive records categorised as requiring high protection and very high protection, and we shall either delete or anonymise less important documents.

Our office Manager is responsible for the continuing process of identifying the records that have met their required retention period and supervising their destruction. The destruction of confidential, financial, and personnel-related records shall be securely destroyed electronically or by shredding if possible. Non-confidential records may be destroyed by recycling.