Data Protection Policy – Petchey Holdings LTD

(Including all subsidiary holding companies of the Petchey Group)

1. Introduction

This Data Protection Policy sets out the obligations of Petchey Holdings Ltd (“the Company”) regarding data protection and the rights of employees, customers, tenants, contractors, advisors and all other parties with whom the Company (including all subsidiary holding companies of the Petchey Group) interact with data subjects in respect of their personal data under the General Data Protection Regulations, GDPR, (“the Regulations”).

The Regulations define “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, or other identifier of that natural person.

This Policy sets out the procedures followed when dealing with all such personal data and these procedures and principles must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the company & all group companies.

2. The Data Protection Principles

This Policy ensures compliance with the Regulations and sets out the following principles any party handling personal data must comply with ensuring all personal data must be:

1. processed lawfully and in a transparent manner in relation to the data subject;
2. collected for specified, explicit, and legitimate purposes only.
3. accurate and all inaccurate data should be erased or rectified without delay;
4. kept in a form which permits identification of data subjects for no longer than is necessary (Note – Personal data may be stored for longer periods insofar as the personal data is held solely for archiving 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)
5. 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.

3. Data Processing will be Lawful, Fair, and Transparent

The Regulations seek to ensure personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject.

The Regulations state that processing of personal data shall be lawful if at least one of the following applies:

1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
2. processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
3. processing is necessary for compliance of a legal obligation to which the controller is subject;
4. processing is necessary to protect the vital interests of the data subject or of another natural person;
5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
6. processing is necessary for the purposes of the legitimate interests pursued by the controller, or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data (in particular where the data subject is a child).

4. Data Only Processed for Specified, Explicit and Legitimate Purposes

The Company collects and processes personal data which may include personal data received directly from data subject (for example, contact details used when a data subject communicates with the Group, such as a tenant or a contractor) and also data received from third parties (for example data passed to the Group when the company purchases a new property, or passed to us by recruitment companies when new members of staff are employed).

The Company only processes personal data for the specific purposes set out below, or for other purposes expressly permitted by the Regulations.

5. Data Security

The Company shall ensure all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.

6. Accountability

The Company’s data protection officer is James Newland, Managing Director Petchey Holdings Ltd, Dockmasters House, 1 Hertsmere Road, London E14 8JJ.

7. Privacy Impact Assessments

The Company shall carry out Privacy Impact Assessments when and as required under the Regulations.

Privacy Impact Assessments shall be overseen by the Company’s data protection officer and shall address the purposes for which personal data is being processed and the processing operations carried out, together with details of the legitimate interests of the Company and an assessment of the necessity of the data processing being completed.

8. The Rights of Data Subjects

The Regulations sets out the following rights for data subjects:

1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure (also known as the ‘right to be forgotten’);
5. The right to restrict processing;
6. The right to data portability;
7. The right to object;
8. Rights with respect to automated decision-making and profiling.

9. Keeping Data Subjects Informed

The Company shall ensure the identity of Mr James Newland, its Data Protection Officer is known to all data subjects.

The Company will ensure all data subjects are aware of their rights under the Regulations as detailed within this Policy.

The data subject has the right to withdraw their consent to the Company’s processing of their personal data at any time should this processing not be required.

The data subject has the right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulations) if they have any concerns over the use of their data.

The Company will respond to any requests or queries within one month and all requests or queries should be made to the Data Protection officer; James Newland, Managing Director Petchey Holdings Ltd, Dockmasters House, 1 Hertsmere Road, London E14 8JJ.

10. Data Subject Access Requests (SAR’s)

A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which the Company holds about them.

The Company is required to respond to SARs within one month of receipt (Note – this can be extended by up to two months in the case of complex and/or numerous requests).

SAR requests should be made to the Data Protection officer; James Newland, Managing Director Petchey Holdings Ltd, Dockmasters House, 1 Hertsmere Road, London E14 8JJ.

The Company does not charge a fee for the handling of normal SARs.

Note – The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

11. Rectification of Personal Data

Should a data subject inform the Company personal data held by the Company is inaccurate or incomplete, and requests it to be rectified, the personal data shall be rectified and the data subject informed of rectification within one month of receipt the data subject’s notice.

Note- This can be extended by up to two months in the case of complex requests and in such cases the data subject shall be informed.

12. Erasure of Personal Data

The data subject may request the Company erases the personal data it holds about them if it is no longer necessary for the Company to hold personal data with respect to the purpose for which it was originally collected or processed and the data subject wishes to withdraw their consent to the Company holding their personal data.

The data subject can object to the Company holding and processing their personal data if there is no overriding legitimate interest or if the personal data has been processed unlawfully.

Unless the Company has reasonable grounds to refuse the erasure of personal data, all requests for erasure shall be complied with and the data subject informed of the erasure within one month of receipt of the data subject’s request.

Note- this can be extended by up to two months in the case of complex requests.

Restriction of Personal Data Processing

A data subject may request the Company to cease processing their personal data and if a data subject makes such a request, the Company shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place and/ or information permitted under the Regulations.

13. Data Portability

The Company does not process personal data using automated means.

14. Objections to Personal Data Processing

Data subjects have the right to object to the Company processing of their personal data based on legitimate interests (including profiling), direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.

Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing unless it can be demonstrated that the Company’s legitimate grounds for such processing the data override the data subject’s interests under the Regulations.

Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing their data.

15. Automated Decision-Making

The Company does not use personal data for the purposes of automated decision-making.

16. Profiling

The Company does not use personal data for profiling purposes.

17. Data Protection Measures

The Company shall ensure all its employees, agents, contractors, or other parties working on its behalf comply with the following, when working with personal data.

When erased, or otherwise disposed of, data should be securely deleted, hardcopies should be shredded, and electronic copies should be deleted securely.

Personal data should be transmitted over secure networks and where personal data is to be transferred in hardcopy form it should be passed directly to the recipient.

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.

Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of Mr James Newland to ensure that no data subjects have added their details to any marketing preference databases including, but not limited to, the Telephone Preference Service, the Mail Preference Service, the Email Preference Service, and the Fax Preference Service.  Such details should be checked at least annually.

18. Organisational Measures

The Company shall ensure all employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulations and under this Policy and shall be provided with a copy of this Policy.

All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Regulation and this Data Protection Policy.

Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

19. Transferring Personal Data to a Country Outside the EEA

The Company does not transfer personal data to countries outside of the EEA.

20. Data Breach Notification

All personal data breaches must be reported immediately to the Company’s data protection officer; James Newland, Managing Director Petchey Holdings Ltd, Dockmasters House, 1 Hertsmere Road, London E14 8JJ.

If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

In the event that a personal data breach is likely to result in a high risk to the rights and freedoms of data subjects, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

21. Implementation of Policy

This Policy shall be deemed effective as of 16^th April 2018.  No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

 

This Policy has been approved and authorised by:

Name: Mr James Newland
Position: Managing Director
Date: 16/4/2018