Aurora Wellness is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure that our staff understand the rules governing their use of the personal data to which they have access in the course of their work. In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
The purposes for which personal data may be used by us:
Business purposes include the following:
‘Personal data’ means any information relating to an identified or identifiable natural person (‘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.
Special categories of data include information about an individual’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy.
‘Data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
This is the national body responsible for data protection. The supervisory authority for our organisation is the Information Commissioners Office.
This policy applies to all staff, who must be familiar with this policy and comply with its terms.
This policy supplements our other policies relating to internet and email use. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.
As our data protection officer (DPO), Ngozi Weller has overall responsibility for the day-to-day implementation of this policy. You should contact the DPO for further information about this policy if necessary. Ngozi Weller: firstname.lastname@example.org
Aurora Wellness shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
Data can only be collected for a specific purpose.
Any data collected must be necessary and not excessive for its purpose.
The data we hold must be accurate and kept up to date.
We cannot store data longer than necessary.
The data we hold must be kept safe and secure.
We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance to ensure we meet the following data protection obligations:
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first prin
ciple and will be unlawful. Data subjects have the right to have any data unlawfully processed erased
Aurora Wellness is classified as a data controller (and/or) data processor. We must maintain our appropriate registration with the Information Commissioners Office in order to continue lawfully controlling (and/or) processing data.
As a data processor, we must comply with our contractual obligations and act only on the documented instructions of the data controller. If we at any point determine the purpose and means of processing out with the instructions of the controller, we shall be considered a data controller and therefore breach our contract with the controller and have the same liability as the controller. As a data processor, we must:
If you are in any doubt about how we handle data, contact the DPO for clarification.
We must establish a lawful basis for processing data. At least one of the following conditions must apply whenever we process personal data:
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
The processing is necessary to fulfil or prepare a contract for the individual.
We have a legal obligation to process the data (excluding a contract).
Processing the data is necessary to protect a person’s life or in a medical situation.
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
In most cases where we process special categories of personal data we will require the data subject’s explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.
Keeping the board updated about data protection responsibilities, risks and issues.
Reviewing all data protection procedures and policies on a regular basis:
Ensure all systems, services, software and equipment meet acceptable security standards
Checking and scanning security hardware and software regularly to ensure it is functioning properly
Researching third-party services, such as cloud services the company is considering using to store or process data
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DPO.
You must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third party organisations.
In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
Printed data should be shredded when it is no longer needed
Data stored on a computer should be protected by strong passwords that are changed regularly. We encourage all staff to use a password manager to create and store their passwords.
Data stored on CDs or memory sticks must be encrypted or password protected and locked away securely when they are not being used:
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Individuals have rights to their data which we must respect and comply with to the best of our ability. We must ensure individuals can exercise their rights in the following ways:
Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children.
Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
Enabling individuals to access their personal data and supplementary information
Allowing individuals to be aware of and verify the lawfulness of the processing activities
We must rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete.
This must be done without delay, and no later than one month. This can be extended to two months with permission from the DPO.
We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
We must comply with any request to restrict, block, or otherwise suppress the processing of personal data.
We are permitted to store personal data if it has been restricted, but not process it further.
We must retain enough data to ensure the right to restriction is respected in the future.
We must provide individuals with their data so that they can reuse it for their own purposes or across different services.
We must provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.
We must respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
We must respect the right of an individual to object to direct marketing, including profiling.
We must respect the right of an individual to object to processing their data for scientific and historical research and statistics.
We must respect the rights of individuals in relation to automated decision making and profiling.
Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.
We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual must be informed within one month. You must obtain approval from the DPO before extending the deadline.
We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting. This can only be done with express permission from the DPO.
Once a subject access request has been made, you must not change or amend any of the data that has been requested. Doing so is a criminal offence.
We must provide the data requested in a structured, commonly used and machine-readable format. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This must be done free of charge and without delay, and no later than one month.
Right to erasure.
Individuals have a right to have their data erased and for processing to cease in the following circumstances:
We can only refuse to comply with a right to erasure in the following circumstances:
If personal data that needs to be erased has been passed onto other parties or recipients, they must be contacted and informed of their obligation to erase the data. If the individual asks, we must inform them of those recipients.
Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:
We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
The processing relates to the establishment, exercise or defence of legal claims.
We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.
We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:
In these circumstances, we must:
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such. You must have approval from the DPO prior to carrying out a criminal record check.
Audits, monitoring and training
Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant. You must conduct a regular data audit as defined by the DPO and normal procedures.
Everyone must observe this policy. The DPO has overall responsibility for this policy. Aurora Wellness will keep this policy under review and amend or change it as required. You must notify the DPO of any breaches of this policy. You must comply with this policy fully and at all times.
Any breach of this policy or of data protection laws must be reported as soon as practically possible. This means as soon as you have become aware of a breach. Aurora Wellness has a legal obligation to report any data breaches to the Information Commissioners Office within 72 hours.
We take compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal.
If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.