GDPR Policy

Every day the Company receives, uses and stores personal information about our clients, contacts associates and colleagues. We ensure that any data we receive is dealt with in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (collectively referred to as the ‘Data Protection Requirements’).

We take this responsibility seriously and we appreciate that a lot of trust is being given to us by being provided with this information.

 

About This Policy

This policy, and any other documents such as a Privacy Policy, details how we will process any personal data we collect or process and not part of any employees’ contract of employment. The policy can be amended as and when required.

The person responsible for complying with the Data Protection Requirements and with this policy is The Head Chef (the Data Protection Officer). 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 Data Protection Officer or reported in line with the Company’s Whistleblowing Policy or Grievance Policy.

 

What is Personal Data?

Personal data means data (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data (or from that data and other information in our possession).

Processing is any activity that involves use of personal data. It includes obtaining, recording, or holding the data, organising, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties.

Sensitive personal data may include personal data about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic, biometric, physical, or mental health condition, sexual orientation, or sexual life. It can also include data about criminal offences or convictions. Sensitive personal data can only be processed under strict conditions, including with the consent of the individual. It may also include sensitive medical information where this has been provided to the Company during any period of absence.

 

Data Protection Principles

Anyone processing personal data must ensure that data is:

• Processed fairly, lawfully and in a transparent manner.
• Collected for specified, explicit and legitimate purposes and any further processing is completed for a compatible purpose.
• Adequate, relevant, and limited to what is necessary for the intended purposes.
• Accurate, and where necessary, kept up to date.
• Kept in a form which permits identification for no longer than necessary for the intended purposes.
• Processed in line with the individual’s rights and 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.
• Not transferred to people or organisations situated in countries without adequate protection and without firstly having advised the individual.

 

Fair and Lawful Processing

The Data Protection Requirements are 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 individual.

In accordance with the Data Protection Requirements, we will only process personal data where it is required for a lawful purpose which include where the individual has given consent, processing data is needed to fulfil a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.

 

Processing for Limited Purposes

During the normal course of our business, we may collect and process personal data. 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, location data, business partners, subcontractors in technical, payment and delivery services, credit reference agencies and others).

We will only process personal data for the specific purposes set out in Schedule 1 or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.

 

Notifying Individuals

If we collect personal data directly from an individual, we will inform them about:

• The purpose or purposes why we will be processing personal data, as well as the legal basis for the processing.
• Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
• The types of third parties, if any, with which we will share or disclose that personal data.
• Where the business intends to transfer personal data to a non-EEA country or international organisation and the appropriate and suitable safeguards in place.
• How individuals can limit our use and disclosure of their personal data.
• Details of how long the information will be stored, or the criteria used to determine that period.
• Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
• Their right to object to processing and their right to data portability.
• Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
• The right to lodge a complaint with the Information Commissioners Office.
• Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
• Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
• The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.

If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible (in addition to telling them about the categories of personal data concerned) but at the latest within 1 month.

We will also inform data subjects whose personal data we process that we are the data controller regarding that data. Your Line Manager can direct you to the person responsible for Data Protection within the Company.

 

Adequate, Relevant and Non-Excessive Processing

We will only collect personal data for the purposes notified to the data subject.

 

Accurate Data

We will ensure that the 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.

 

Timely Processing

We will not keep personal data longer than we need to. 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:

• Confirmation as to whether personal data concerning the individual is being processed.
• Request access to any data held about them by a data controller (see below relating to Subject Access Requests).
• Request rectification, erasure, or restriction on processing of their personal data.
• Lodge a complaint with a supervisory authority.
• Data portability.
• Object to processing including for direct marketing.
• Not be subject to automated decision-making including profiling in certain circumstances.

 

Data Security

We will take relevant measures against unlawful or unauthorised processing of personal data, and against the accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored, or otherwise processed.

We will put in place procedures and systems to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if they agree to comply with those procedures and policies, or if they put in place adequate measures themselves.

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.

Security procedures include:

• Entry controls. Any stranger seen in entry-controlled areas should be reported.
• Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
• Data minimisation.
• Pseudonymisation and encryption of data.
• Methods of disposal. Paper documents should be shredded. Digital storage devices should be physically destroyed when they are no longer required.
• Equipment. Staff must ensure that individual monitors do not show confidential information to passers-by and that they lock/log off from their PC when it is left unattended.

 

Transferring Personal Data Outside of the EEA

We may transfer any personal data we hold to a country outside the European Economic Area (‘EEA’) or to an international organisation, provided that one of the following conditions applies:

• The country to which the personal data is transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
• The data subject has given their consent.
• The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
• The transfer is legally required on important public interest grounds or for the establishment, exercise, or defence of legal claims.
• The transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.

Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.

 

Disclosure and Sharing of Personal Data

We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding Organisation, and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

 

Subject Access Requests

Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it to their Line 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 checked.

Where a request is made electronically, data will be provided electronically where possible.

Our employees will refer a request to their line manager [or the Data Protection Compliance Manager] for assistance in difficult situations.

 

Changes to this Policy

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