This Policy sets out the obligations of The Minted App regarding data protection and the rights of its employees, and clients (“data subjects”) in respect of their personal data under the General Data Protection Regulation (EU) 2016/679 (“GDPR”) in the UK and EU. The Minted App is committed to conducting its business in accordance with all applicable Data Protection laws and regulations and best practice. This policy outlines the expected conduct of The Minted App Employees and Third Parties in relation to the collection, use, retention, transfer, disclosure and destruction of any Personal Data belonging The Minted App data subjects.
The GDPR 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. The procedures and principles set out herein must be followed at all times by The Minted App, its employees, agents, contractors, or other parties working on behalf of The Minted App.
The Minted App is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
1.1 Related documents
IT Security Policy …………………………………………………… 06/01/2020
Any updates thereto
All Staff ……………………………………. To comply with this policy and procedure
Managers …………………………………. To ensure all staff (new and current) are aware of this document and comply with the contents.
Legal Team ………………………………. To review compliance with this document
2. The Data Protection Principles
This Policy aims to ensure compliance with data protection law. 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 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 GDPR 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.
3. Lawful, Fair, and Transparent Data Processing
The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
- 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;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- 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;
- processing is necessary to protect the vital interests of the data subject or of another natural person;
- 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;
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
4. Processed for Specified, Explicit and Legitimate Purposes
4.1 The Minted App collects and processes the personal data set out in Clause 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject registers with The Minted App or initially contacts The Minted App) and data received from third parties (for example, from clients and suppliers).
4.2 The The Minted App only processes personal data for the specific purposes set out in Paragraph 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection if sourced through a third party, by means of The Minted App ’s Privacy Notice.
5. Adequate, Relevant and Limited Data Processing
The Minted App will only collect and process personal data for and to the extent necessary for the specific purpose(s) as notified to data subjects under Clause 4, above.
6. Accuracy of Data and Keeping Data Up To Date
The Minted App shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
7. Timely Processing
The Minted App shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.
8. Secure Processing
The Minted App shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Clauses 22 and 23 of this Policy.
9.1 The Minted App has appointed a data protection officer Mohammed Siddiq
9.2 The Minted App shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
- The name and details of The Minted App, its data protection officer, and any applicable third-party data controllers;
- The purposes for which The Minted App processes personal data;
- Details of the categories of personal data collected, held, and processed by The Minted App; and the categories of data subject to which that personal data relates;
- Details (and categories) of any third parties that will receive personal data from The Minted App;
- 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 by The Minted App by means of the data retention policy; and
- Detailed descriptions of all technical and organisational measures taken by The Minted App to ensure the security of personal data.
10. Privacy Impact Assessments
The Minted App shall carry out Privacy Impact Assessments when and as required under the GDPR. Privacy Impact Assessments shall be overseen by The Minted App’s relevant data protection officer and shall address the following areas of importance:
10.1 The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
10.2 Details of the legitimate interests being pursued by The Minted App;
10.3 An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
10.4 An assessment of the risks posed to individual data subjects; and
10.5 Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the GDPR.
11. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure (also known as the ‘right to be forgotten’);
- The right to restrict processing;
- The right to data portability;
- The right to object;
- Rights with respect to automated decision-making and profiling.
12. Keeping Data Subjects Informed
12.1 The Minted App shall ensure that the following information is provided to every data subject when personal data is collected, by means of The Minted App ’s Privacy Notice.
- Details of The Minted App including, but not limited to, the identity of Mr Mohammed Siddiq its Data Protection Officer;
- The purpose(s) for which the personal data is being collected and will be processed (as detailed in Paragraph 21 of this Policy) and the legal basis justifying that collection and processing;
- Where applicable, the legitimate interests upon which The Minted App is justifying its collection and processing of the personal data;
- Where the personal data is not obtained directly from the data subject, 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 (see Paragraph 24 of this Policy for further details concerning such third country data transfers);
- Details of the length of time the personal data will be held by The Minted App (or, where there is no predetermined period, details of how that length of time will be determined);
- Details of the data subject’s rights under the GDPR;
- Details of the data subject’s right to withdraw their consent to The Minted App ’s processing of their personal data at any time, where their consent has been relied upon;
- Details of the data subject’s 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 the personal data and details of any consequences of failing to provide it;
- Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
12.2 The information set out above in Paragraph 12.1 shall be provided to the data subject by means of The Minted App ’s Privacy Notice at the following applicable time:
- Where the personal data is obtained from the data subject directly, at the time of collection;
- Where the personal data is not obtained from the data subject directly (i.e. from another party):
- If the personal data is used to communicate with the data subject, at the time of the first communication;
- If the personal data is to be disclosed to another party, before the personal data is disclosed;
- In any event, not more than one month after the time at which The Minted App obtains the personal data.
13. Data Subject Access
13.1 A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which The Minted App holds about them. The Minted App is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
13.2 All subject access requests received must be forwarded to [email protected]
13.3 The Minted App does not charge a fee for the handling of normal SARs. However, The Minted App 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.
14. Rectification of Personal Data
14.1 If a data subject informs The Minted App that personal data held by The Minted App is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (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 of the need for the extension).
14.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
15. Erasure of Personal Data
15.1 Data subjects may request that The Minted App erases the personal data it holds about them in the following circumstances:
- It is no longer necessary for The Minted App to hold that personal data with respect to the purpose for which it was originally collected or processed;
- The data subject wishes to withdraw their consent to The Minted App holding and processing their personal data;
- The data subject objects to The Minted App holding and processing their personal data (and there is no overriding legitimate interest to allow The Minted App to continue doing so) (see Clause 18 of this Policy for further details concerning data subjects’ rights to object);
- The personal data has been processed unlawfully; or
- The personal data needs to be erased in order for The Minted App to comply with a particular legal obligation.
15.2 Unless The Minted App has reasonable grounds to refuse to erase 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 (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 of the need for the extension).
15.3 In the event that any personal data that is to be erased in response to a data subject 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).
16. Restriction of Personal Data Processing
16.1 Data subjects may request that The Minted App ceases processing the personal data it holds about them. If a data subject makes such a request, The Minted App 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.
16.2 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).
17. Data Portability
17.1 Data subjects have the right to request data portability under certain circumstances. A request relating to data portability should be sent to [email protected] without delay.
18. Objections to Personal Data Processing
18.1 Data subjects have the right to object to The Minted App processing their personal data based on its legitimate interests (including profiling), direct marketing (including profiling).
18.2 Where a data subject objects to The Minted App processing their personal data based on its legitimate interests, The Minted App shall cease such processing forthwith, unless it can be satisfactorily demonstrated that The Minted App’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
18.3 Where a data subject objects to The Minted App processing their personal data for direct marketing purposes, The Minted App shall cease such processing forthwith.
18.4 Where a data subject objects to The Minted App processing their personal data for scientific and/or historical research and statistics purposes, the data subject must ‘demonstrate grounds relating to his or her particular situation’ under the GDPR in order to successfully object. The Minted App is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
19. Automated Decision-Making
19.1 In the event that The Minted App uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from The Minted App.
19.2 The right described in Paragraph 19.1 does not apply in the following circumstances:
- The decision is necessary for the entry into, or performance of, a contract between The Minted App and the data subject;
- The decision is authorised by law; or
- The data subject has given their explicit consent.
Where The Minted App uses personal data for profiling purposes, the following requirements shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences;
- Appropriate mathematical or statistical procedures will be used;
- Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Paragraphs 22 and 23 of this Policy for more details on data security).
21. Personal Data
The following personal data may be collected, held, and processed by The Minted App:
- Contact Information (including name, personal email address, home address, home telephone numbers, emergency contact details, work email address, work department, work telephone numbers, user IDs, work location details), for submission of details to partners, or for the performance of a contract with The Minted App employees and customers.
- Personal details (including date of birth, gender, nationality, marital status, place of birth), for HR purposes.
- Employment details (including job title, job duties, level/grade, line manager/sponsor, working hours, employee number) for employment purposes.
- HR data (including pay, bonus, allowances, benefit entitlements (including share entitlements), pension entitlements, hire date, type of employment contract, appraisals, expatriate details, absence details, disciplinary and performance details, employee accomplishments, national insurance/social security numbers, passport numbers, assessment details, training data, work permit details, license to work details) for employment purposes.
- Payroll data (including bank account details, credit card details, expenses and tax details) to enable the performance of the contract (payment of and for legal obligations to HMRC or other tax authorities).
- Work history (including previous employers, employee vetting details and reasons for leaving) and other CV Information (including education history, professional certifications, other employment qualifications) for employment purposes.
- Sensitive personal data: in some instances, some sensitive personal data may need to be collected including financial history where required and other relevant finance-related data. Other sensitive personal data such as gender, which will be anonymised after collection, and data relating to identification checks where required for registration of customers. Explicit freely –given consent will be sought before this data can be collected.
- Customer personal information through registration in webform via The Minted App’s mobile application / website, including customer name, address, date of birth and country of residence, as well as contact details and potentially other identification information, such as IP addresses.
22. Data Protection Measures
The Minted App shall ensure that all its employees, agents, contractors, or other parties working on its behalf comply with the following when working with personal data:
- All emails containing personal data must be encrypted following National Cyber Security Centre guidelines https://www.ncsc.gov.uk/;
- Where 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 should be securely deleted and disposed of. Hardcopies should be shredded, and electronic data copies should be deleted securely using NCSC certified data erasure products, in accordance with The Minted App ’s Data Retention Policy;
- Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
- Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or passed directly to the recipient using a secure courier service;
- No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of The Minted App requires access to any personal data that they do not already have access to, such access should be requested from the Data Protection Officer, where appropriate approvals will be obtained before granting access;
- 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;
- 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, the user must lock the computer and screen before leaving it;
- No personal data should be stored on any mobile device (whether such device belongs to The Minted App or otherwise [without the formal written approval of the Data Protection Officer 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]. Personal data may only be stored on mobile devices issued by The Minted App (including, but not limited to, laptops, tablets and smartphones) which have appropriate security controls installed. Exceptions can only be used with formal written approval from the Data Protection Officer;
- 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 behalf of The Minted App 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 The Minted App that all suitable technical and organisational measures have been taken);
- All personal data stored electronically on the The Minted App network will be backed up in line with the agreed The Minted App Back-Up policy. Back-ups will be stored in a secure offsite location. Personal data stored locally on desktop or mobile devices will not be backed up.
- All electronic copies of personal data shall be stored securely with appropriate controls in place restricting the access to authorised individuals;
- Access to personal data is controlled via secure authentication methods. Passwords are maintained in-line with the agreed The Minted App IT password policy, which enforces the use of complex passwords, regular changing of passwords and prevents the re-use of recently used passwords;
- Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of The Minted App, 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 personal data held by The Minted App is used for marketing purposes, it shall be the responsibility of the Data Protection Officer, 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.
23. Organisational Measures
The Minted App shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
- All employees, agents, contractors, or other parties working on behalf of The Minted App shall be made fully aware of both their individual responsibilities and The Minted App ’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;
- Only employees, agents, sub-contractors, or other parties working on behalf of The Minted App that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by The Minted App;
- All employees, agents, contractors, or other parties working on behalf of The Minted App handling personal data will be appropriately trained to do so;
- All employees, agents, contractors, or other parties working on behalf of The Minted App handling personal data will be appropriately supervised;
- Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
- The performance of those employees, agents, contractors, or other parties working on behalf of The Minted App handling personal data shall be regularly evaluated and reviewed;
- All employees, agents, contractors, or other parties working on behalf of The Minted App handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
- All agents, contractors, or other parties working on behalf of The Minted App handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of The Minted App arising out of this Policy and the GDPR;
- Where any agent, contractor or other party working on behalf of The Minted App handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless The Minted App against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
24. Transferring Personal Data to a Country Outside the EEA
24.1 The Minted App may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
24.2 The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
- The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;
- The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
- The transfer is made with the informed consent of the relevant data subject(s);
- The transfer is necessary for the performance of a contract between the data subject and The Minted App (or for pre-contractual steps taken at the request of the data subject);
- The transfer is necessary for important public interest reasons;
- The transfer is necessary for the conduct of legal claims;
- The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
- The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.