Data Protection
Introduction
The GDPR sets out the following principles with which any party handling Personal Data must comply. All Personal Data must 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 it is 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 GDPR in order to safeguard the rights and freedoms of the Data Subject; 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.
Rights of the Data Subject
The GDPR also clarifies and enhances the rights of Data Subjects. As such, you have the right to:
— be informed that we hold your Personal Data;
— access the Personal Data we hold about you;
— rectify any data which is incorrect, inaccurate, incomplete or obsolete;
— erasure of the data we hold about you (also known as the ‘right to be forgotten’);
— restrict how the data is processed and, in particular, how it is used;
— obtain your Personal Data in a specific format;
— object to your data being used in a specific way; and
— determine use of your data in relation to automated decision-making and profiling.
Lawful, Fair, and Transparent Data Processing
The processing of your Personal Data is lawful if at least one of the following applies:
— You have given consent to the processing of your Personal Data for one or more specific purposes;
— The processing is necessary for the performance of a contract to which you are a party, or in order to take steps prior to entering into a contract with us;
— The processing is necessary for compliance with a legal obligation to which we are subject;
— The processing is necessary to protect your vital interests or of another natural person;
— The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; or
— The processing is necessary for the purposes of our legitimate business interests, except where such interests are overridden by your fundamental rights and freedoms which require protection of Personal Data, in particular where the Data Subject is a child.
Specified, Explicit, and Legitimate Purposes
We collect and process the Personal Data. This includes Personal data we have collected directly from you and Personal Data obtained from third parties. We only collect, process, and hold Personal Data for the specific purposes set out in section or for other purposes expressly permitted by the GDPR. You have the right to be informed at all times of the purpose or purposes for which we use your Personal Data.
Adequate, Relevant, and Limited Data Processing
We only collect and process Personal Data for and to the extent necessary for the specific purpose or purposes about which you are informed (or will be informed) as per section, above, and as set out in section, below.
Accuracy of Data and Keeping Data Up-to-Date
We ensure that all Personal Data collected, processed, and held by us is kept accurate and up-to-date. This includes, but is not limited to, the rectification of your Personal Data at your request, as set out in section, below. The accuracy of your Personal Data is checked when it is collected and at regular intervals thereafter. If any of your Personal Data is found to be inaccurate or out-of-date, we will take all reasonable steps without delay to amend or erase that data, as appropriate.
Retaining Data
We will not keep Personal Data for any longer than is necessary in light of the purpose or purposes for which that Personal Data was originally collected, held, and processed. When Personal Data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
Full details of our approach to data retention, including retention periods for specific Personal Data types held by us, are outlined in our Data Retention Policy below.
Secure Processing
We ensure that all Personal Data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures.
Accountability and Record-Keeping
Our Data Protection Officer (‘DPO’, named above) is responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy and with the GDPR and other applicable data protection legislation.
We keep written internal records of all Personal Data collection, holding, and processing, incorporating the following information:
— The name and details of the Company, its DPO, and any applicable third-party data processors;
— The purposes for which we collect, hold, and processes Personal Data;
— Details of the categories of Personal Data collected, held, and processed, and the categories of Data Subject to which that Personal Data relates;
— Details of any transfers of Personal Data to non-EEA countries including all mechanisms and security safeguards;
— Details of how long Personal Data will be retained (see below); and
— Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of Personal Data.
Data Protection Impact Assessments
For any and all new projects and/or uses of Personal Data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of Data Subjects under the GDPR, we will undertake Data Protection Impact Assessments. These assessments will be overseen by our DPO and will address the following:
— The type(s) of Personal Data that will be collected, held, and processed;
— The purpose(s) for which Personal Data is to be used;
— The Company’s objectives;
— How Personal Data is to be used;
— The parties (internal and/or external) who are to be consulted;
— The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
— Risks posed to Data Subjects;
— Risks posed both within and to the Company; and
— Proposed measures to minimise and handle identified risks.
Keeping Data Subjects Informed
Where Personal Data is collected from you directly, you will be informed of its purpose at the time of collection. Where Personal Data is obtained from a third party, you will be informed of its purpose:
— if the Personal Data is used to communicate with you, when the first communication is made; or
— if the Personal Data is to be transferred to another party, before that transfer is made; or
— as soon as reasonably possible and in any event not more than one month after the Personal Data is obtained.
The following information shall be provided:
— Our details, including, but not limited to, the identity of our DPO;
— The purpose(s) for which the Personal Data is being collected and will be processed and the legal basis justifying that collection and processing;
— Where applicable, the legitimate interests upon which we are justifying our collection and processing of the Personal Data;
— Where the Personal Data is not obtained from you directly, the categories of Personal Data collected and processed;
— Where the Personal Data is to be transferred to one or more third parties, details of those parties;
— Where the Personal Data is to be transferred to a third party that is located outside of the European Economic Area (the ‘EEA’), details of that transfer, including but not limited to the safeguards in place;
— Details of data retention;
— Details of your rights under the GDPR;
— Details of your right to withdraw your consent to the Company’s processing of your Personal Data at any time;
— Details of your right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);
— Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of your Personal Data and details of any consequences of failing to provide it; and
— Details of any automated decision-making or profiling that will take place using the Personal Data, including information on how decisions will be made, the significance of those decisions, and any consequences.
Data Subject Access
You may make Subject Access Requests (‘SARs’) at any time to find out more about the Personal Data which we holds about you, what we are doing with that Personal Data, and why.
If you wish to make a SAR, you should do using a Subject Access Request Form from us, returning the completed form to our Data Protection Officer at our office. Responses to SARs will normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, you will be informed.
All SARs received are handled by our DPO. We do not charge a fee for the handling of normal SARs. We do reserve the right to charge reasonable fees for additional copies of information that has already been supplied, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
Rectification of Personal Data
You have the right to require us to rectify any of your Personal Data that is inaccurate or incomplete. We will rectify the Personal Data in question, and inform you of that rectification, within one month of the you informing us of the issue. The period can be extended by up to two months in the case of complex requests, in which case you will be informed of the delay.
In the event that any affected Personal Data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that Personal Data.
Erasure of Personal Data
You have “the right to be forgotten”. This means you have the right to request that we erase the Personal Data we hold about you in the following circumstances:
— It is no longer necessary for us to hold that Personal Data with respect to the purpose(s) for which it was originally collected or processed;
— You wish to withdraw your consent to the Company holding and processing your Personal Data;
— You object to us holding and processing your Personal Data (and there is no overriding legitimate interest to allow us to continue doing so);
— The Personal Data has been processed unlawfully;
— The Personal Data needs to be erased in order for the Company to comply with a particular legal obligation.
Unless we have reasonable grounds to refuse to erase Personal Data, all requests for erasure shall be complied with, and you will be informed of the erasure, within one month of receipt of your request. The period can be extended by up to two months in the case of complex requests, and we will keep you informed.
In the event that any Personal Data that is to be erased in response to a Data Subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
Restriction of Personal Data Processing
You may request that we cease processing the Personal Data we hold about you. If you make such a request, will retain only the amount of your Personal Data (if any) that is necessary to ensure that the Personal Data in question is not processed further.
In the event that any affected Personal Data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
Data Portability
We may, in certain circumstances, process Personal Data using automated means. For example, individuals who provide their email address to one of our mailing lists will be recorded by our mailing system with no human intervention and our newsletters will be sent to you via an automated process.
Where you have given your consent to the Company to process your Personal Data in such a manner, such as subscribing to our newsletter above, or the processing is otherwise required for the performance of a contract between us, you have the right, under the GDPR, to receive a copy of your Personal Data and to use it for other purposes (namely transmitting it to other data controllers).
To facilitate the right of data portability, we shall make available all applicable Personal Data to you in the following format[s]:
— Electronic copies of commonly used file formats, such as PDF, DOCX, XLSX;
— Compressed folders, such as ZIP, where the data consists of more than one file.
Where technically feasible, if you request this specifically, your Personal Data can be sent directly to the required data controller.
All requests for copies of Personal Data shall be complied with within one month of your request. The period can be extended by up to two months in the case of complex or numerous requests and you shall be informed.
Objections to Personal Data Processing
You have the right to object to us processing your Personal Data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes. If this is the case, we will cease such processing immediately, unless we can demonstrate that our legitimate grounds for such processing override your interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
We will rarely use your Personal Data for direct marketing purposes, but if we do and you object, we will cease such processing immediately.
Automated Decision-Making
The Company does not use Personal Data in automated decision-making processes.
Profiling
The Company does not use Personal Data for profiling purposes.
Personal Data Collected, Held, and Processed
The following Personal Data is collected, held, and processed by the Company: (Data / Type / Purpose)
Employee/Worker Data / Personal data and information about our employees and workers. / Employment contract specific.
Corporate Contacts / Contact details and records about clients, suppliers, etc. / Business interactions, contracts, invoices, etc.
Work-Related Contacts / Contract details and records for individuals who have worked with us on client projects and producing our work, such as photographers, models, etc. / Communication and interaction during the creation of our work.
Consumer Data / Email addresses for individuals on our circulation and mailing lists. / Communications, such as email newsletters, event invitations, etc.
Cookie Data / Anonymised browsing data. / See section E for our Cookie Policy, below.
Data Security
Transferring Personal Data and Communications
We ensure that the following measures are taken with respect to all communications and other transfers involving Personal Data:
— All emails containing Personal Data must be encrypted, marked “confidential”;
— Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
— Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely, and the email itself should be deleted;
— Where Personal Data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
— Where Personal Data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using Registered Mail; and
— All Personal Data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
Storage
We ensure that the following measures are taken with respect to the storage of Personal Data:
— All electronic copies of Personal Data should be stored securely using passwords and, where appropriate, two-factor authentication;
— All hardcopies of Personal Data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
— All Personal Data stored electronically should be backed up on a regular basis in line with our IT protocol, with backups stored securely both onsite and offsite;
— No Personal Data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise without the formal written approval of a Director and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; and
— No Personal Data should be transferred to any device personally belonging to an employee and Personal Data may only be transferred to devices belonging to agents, contractors, or other parties working on our behalf where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to us that all suitable technical and organisational measures have been taken).
Disposal
When any Personal Data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it will be securely deleted and disposed of. For further information on the deletion and disposal of Personal Data, please refer to our Data Retention Policy below.
Use of Personal Data
We ensure that the following measures are taken with respect to the use of Personal Data:
— Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
— If Personal Data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
— Where Personal Data is used for marketing purposes, it will be the responsibility of our DPO to ensure that the appropriate consent is obtained and that no Data Subjects have opted out, whether directly or via a third-party service such as the TPS.
IT Security
We ensure that the following measures are taken with respect to IT and information security:
— All passwords used to protect Personal Data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords;
— Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on our behalf, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
— Where applicable, two-factor authentication is in place and must be used in connection with user passwords to access the system;
— All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. Our IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; and
— No software may be installed on any Company-owned computer or device without the prior approval of the IT Department.