DATA PROTECTION POLICY

SKENE ENTERPRISES (ABERDEEN) LTD.

Policy statement

  • Everyone has rights with regard to the way in which their personal data in handled. During the course of our activities we will collect, store and process personal data about our customers, employees, suppliers and other third parties, and we recognise that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations.
  • Data users are obliged to comply with this policy when processing personal data on our behalf. Any breach of this policy may result in disciplinary action.

About this policy

  • The types of personal data that Skene Enterprises (Aberdeen) Limited, thereafter referred to as “the Company” may be required to handle include information about current, past and prospective suppliers, employees, customers and others who we communicate with. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the data protection legislation currently in force. This legislation and any other documents referred to sets out the basis on which we will process any personal data we collect from data subjects, or that is provided to us by data subjects or other sources.
  • This policy does not form part of any employee’s contract of employment and may be amended at any time.
  • 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.
  • The Data Protection Compliance Officer is responsible for ensuring compliance with the data legislation in force and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Compliance Officer.

Definition of 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 Data Protection legislation. We are the data controller of all personal data used in our business for our own commercial purposes.
  • Data users are those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.
  • Data processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on the Company’s behalf.
  • Processing is any activity that involves use of the 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.
  • Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.

Data protection principles

Anyone processing personal data must comply with the following principles which specify that personal data must be:

  • processed lawfully, fairly and in a transparent manner in relation to individuals;
  • 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 they are processed;
  • accurate, and where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to purposes for which they are processed, are 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 are 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 purposes or statistical purposes subject to implementation of appropriate technical and organisational measures required by the data legislation in force in order to safeguard the rights and freedoms of individuals; and
  • 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.

In addition, we will be responsible for, and be able to demonstrate, compliance with the above principles.

Fair and lawful processing

  • The Data protection legislation in force is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the Data subject.
  • For Personal data to be processed lawfully, they must be processed on the basis of one of the legal grounds set out in the Data Protection legislation. These include, among other things, the Data subject’s consent to the processing, or that the processing is necessary for the performance of a contract with the Data subject, for the compliance with a legal obligation to which the Data controller is subject, or for the legitimate interest of the Data controller or the party to whom the data is disclosed. When Sensitive personal data is being processed, additional conditions must be met. When processing Personal data as Data controllers in the course of our business, we will ensure that those requirements are met.

Processing for limited purposes

  • In the course of our business, we may collect and process the personal data set out in the Privacy Policy, the Employee Fair Data Processing, Service User Fair Data Processing Policy and the Records Retention Schedule Policy. This may include data we receive directly from a Data subject (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, Power of Attorney, Social Services and others).
  • We will only process Personal data for the specific purposes set out in the Privacy Policy, the Employee Fair Data Processing Policy, the Service User Fair Data Processing Policy and Records Retention Schedule Policy or for any other purposes specifically permitted by the legislation in force. We will notify those purposes to the Data subject when we first collect the Data or as soon as possible thereafter.

Notifying data subjects

  • If we collect Personal data directly from Data subjects, we will inform them about:
    • 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.
    • The means, if any, with which Data subjects can limit our use and disclosure of their personal data.
  • If we receive personal data about a Data subject from other sources, we will, if required to do so, provide the Data subject with this information as soon as possible thereafter.

7.3 We will also inform Data subjects whose personal data we process that we are the Data controller with regards to that Data, and who the Data Protection Compliance Officer is.

Adequate, relevant and non-excessive processing

We will only collect Personal data to the extent that it is required for the specific purpose notified to the Data subject.

Accurate data

We will ensure that Personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data however employees are required to advise his/her Line Manager of any changes to their personal details by completing an Individual History Update.

Timely processing

We will not keep Personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.

Processing in line with data subject’s rights

We will process all Personal data in line with Data subjects’ rights, in particular their right to:

  • Request access to any Data held about them by a Data controller (see also paragraph 14). (There is no cost for to access unless there are exceptional circumstances such as multiple copies)
  • Prevent the processing of their Data for direct-marketing purposes unless the Data subjects prior and explicit consent has been received for that purpose.
  • Ask to have inaccurate data amended (see also paragraph 9). The Data controller must respond to the request within 1 month but this can be extended by an additional 2 months where the request for rectification is complex.
  • Prevent processing that is likely to cause damage or distress to themselves or anyone else.
  • Request data transferred to another system (data portability)
  • Request data to be permanently deleted.
  • Be notified if their personal data is transferred out of the EU.

Data security

  • 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 he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
  • 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.
  • Security procedures include:
    • Entry controls. Any stranger seen in entry-controlled areas should be reported to a Compliance Team member. All laptops are encrypted ensuring our data remains safe in the event of theft.
    • Clean desk Policy. Desks to be kept clear of any Personal data wherever possible, and Data to be secured when not in use.
    • Secure lockable desks and cupboards. Cupboards should be kept locked if they hold confidential information of any kind, and accessible only via authorised members of staff on a needs only basis. Laptops and desktops to have automatic lock facility after a period of five minutes of non-activity. (NB. Personal information and/or Personal data is always considered confidential.)
    • Methods of disposal. Paper documents are shredded or incinerated. Digital storage devices will have the information cleaned off on a regular and frequent basis and will be physically destroyed when they are no longer required.
    • Equipment. Data users must ensure that individual monitors do not show confidential information to passers-by and PCs are set up with an auto-lock function after a few minutes of inactivity. Passwords are updated regularly. PC users are required to apply all service updates and security patches when advised.

Disclosure and sharing of personal information

  • We may share Personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
  • We may transfer your Personal data and share it at a destination outside the EU. It may be processed by staff operating outside the EU who work for us or are our suppliers. Such staff may be engaged in the processing of employee benefits and the provision of support services to us. By submitting your Personal data you agree to this transfer, storing and processing. In order to ensure your Personal data receives an adequate level of protection we will have put in place appropriate measures to ensure that your Personal data is treated in a way that is consistent with and respects EU and UK laws on Data protection. These include binding corporate rules and Data transfer agreements which will place contractual obligations on the recipient of your Personal data regarding its handling.
  • We may also disclose Personal data we hold to third parties:
    • In the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or assets.
    • If we or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets.
  • If we are under a duty to disclose or share a data subject’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • We may also share Personal data we hold with selected third parties for the purposes set out in the Privacy Policy and the Employee Fair Data Processing and Records Retention Schedule Policy.

Dealing with subject access requests (SARs)

  • Data subjects must make a formal request for information we hold about them. This is called a Subject Access Request or SAR. This request must be made in writing. Employees who receive a written request should forward it to the Director and General Manager immediately.
  • When receiving telephone enquiries, we will only disclose Personal data we hold on our systems if the following conditions are met:
    • We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
    • 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 verified.
  • Our employees will refer any SAR to their Line Manager or the Data Protection Compliance Officer for assistance in all situations. Employees should not be bullied into disclosing personal information or Personal data.

Changes to this policy

This policy is reviewed regularly by the Company and we will continue to review its effectiveness to ensure it is achieving its stated objectives.

We reserve the right to change this policy at any time. Where appropriate, we will notify Data subjects of those changes by mail or email.

Contact Details

The contact details of our Data Compliance Officer are as follows:

Julie Mackenzie
Director and General Manager
Email: julie.mackenzie@inchmarlo-retirement.co.uk
Telephone: 01330 824981

Please contact a member of the Compliance Team if you have any questions about this policy or how we handle your personal data.

The Compliance Team contact details are as follows:-

Julie MacKenzie

Director and General Manager/Compliance Officer

01330 824981

Julie.mackenzie@inchmarlo-retirement.co.uk

Julie Woods

Deputy Manager

01330 824981

Julie.woods@inchmrlo-retirement.co.uk

Dawn Ronaldson

Sales and Marketing Manager

01330 824981

Dawn.ronaldson@inchmarlo-retirement.co.uk

Laura McIntosh

Office Manager

01330 824981

Office.manager@inchmarlo-retirement.co.uk

David Pratt

Facilities Manager

01330 824981

David.pratt@inchmarlo-retirement.co.uk

Hayley McIntosh

Assistant Human Resources Manager – The Skene Group

01330 824981

Hayley.mcintosh@skene-house.co.uk

Pamela Norris

Facilities Manager

01224 329000

Pamela.norris@theskenegroup.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for Data protection issues.