GDPR Policies

A full list of all our current policies

CCTV Policy

Capital Karts CCTV Policy

1. CCTV Ownership

Capital Karts operates a CCTV surveillance system (“the system”) throughout the Capital Karts estate, with images being monitored and recorded centrally. The CCTV cameras are situated at specific locations internally and externally on Capital Karts estate. The system is owned and managed by Capital Karts Ltd and operated by Capital Karts Ltd.

2. Compliance

Images obtained from the system which include recognisable individuals constitute personal data and are covered by the General Data Protection Regulation (GDPR).

Capital Karts is the registered data controller under the terms of the GDPR. The Data Protection Officer (DPO), for Capital Karts is the individual responsible for assisting Capital Karts in monitoring internal compliance with the GDPR, whilst also informing and advising the Institute of its data protection obligations.

This policy has been drafted in accordance with the advisory guidance contained within the Information Commissioner’s CCTV Code of Practice and the Home Office Surveillance Camera Code of Practice.

3. Purpose of our CCTV System

Capital Karts’ registered purpose for processing personal data through the use of the system is crime prevention and/or staff monitoring. This is further defined as:

“CCTV is used for maintaining public safety, the security of property and premises, and for preventing and investigating crime. This information may be about staff, members, customers and clients, offenders and suspected offenders, members of the public, and those inside entering or in the immediate vicinity of the area under surveillance.

Where necessary or required this information is shared with the data subjects themselves, employees and agents, services providers, police forces, court or tribunal, security organisations, and persons making an enquiry.”

The operators of the system recognise the effect of such systems on the individual and the right to privacy.

Full details of Capital Karts’ data protection registration are available on the Information Commissioner’s Office website.

4. Description 

The system is intended to produce images as clearly as possible and appropriate for the purposes stated. The system is operated to provide. when required, information and images of evidential value.

Cameras are located at strategic points throughout Capital Karts’ estate, principally at the perimeters, entrance, and exit points of buildings and public and non-public collection spaces.

Signage is prominently placed at strategic points on the estate to inform staff, visitors, and members of the public that a CCTV installation is in use and includes contact details for further information.

5. Operation

Images captured by the system are recorded continuously and may be monitored in Capital Karts’ Security control room. Images displayed on monitors are not visible from outside the security control room and access to the security control room is strictly limited.

All security staff working in Capital Karts premises are licensed by the Security Industry Authority and are fully aware of the sensitivity of handling CCTV images and recordings. The responsible manager will ensure that authorised staff are fully briefed and trained in all aspects of the operational and administrative functions of the system.

6. Photo & Videos at Capital Karts Events

Images may be captured during events organised and/or hosted by Capital Karts using film photography, digital photography, video, or other mediums. Capital Karts reserves the right to use the images captured in any brochures, booklets, videos, websites, or other media and publicity material produced by Capital Karts.

Capital Karts informs all persons taking part in a Capital Karts event that they may be photographed, filmed, videoed, or otherwise captured in image form. Where possible and practical to do so, Capital Karts will seek written consent to image capture. However, where this is not possible for practical reasons unless express objections are received, individuals attending an event are deemed to have given their consent by attending or remaining at the event.

7. Information retention

No images, videos or information shall be stored for longer than is required for the stated purpose. A daily audit is carried out to ensure that all images captured by the CCTV are deleted after 30 days or once their purpose has been discharged. Information used as a reference database for matching purposes will be accurate and kept up to date.

8. Access

All access to recorded images is recorded in the security control room daily log. Access to images is restricted to those who need to have access in accordance with this policy, the standard operating procedure, and any governing legislation.

Disclosure of recorded material will only be made to third parties in accordance with the purposes of the system and in compliance with the GDPR.

Anyone who believes that they have been filmed by the system can request a copy of the recording, subject to any restrictions covered by the GDPR’s subject access request provisions. Data subjects also have the right to request that inaccurate data be corrected or erased and to seek redress for any damage caused. Procedures are in place to ensure all such access requests are dealt with effectively and within the law. Access requests should be addressed to info@capitalkarts.com or by letter to: General Manager.

For the attention of the General Manager at Capital Karts, 15 Cabot Square, Canary Wharf, London, E14 4QS.

9. Feedback

Members of the public should address any concerns or complaints over the use of the Capital Karts CCTV system to the General Manager or by post to the Capital Karts for the attention of the General Manager, Capital Karts staff should address any enquiries or concerns relating to the system to their line manager in the first instance.

10. Annual review

This policy was approved on 24 May 2018. It will be reviewed annually by the Data Protection Team to ensure its relevance and alignment with best practices.

 

Information Technology Policy

Capital Karts Information Technology (IT) Acceptable Use Policy

Introduction

You are required to read, understand and abide by the requirements of this policy.

Users have a responsibility to promote IT security and to follow the standards set out in this policy. Users must apply all technical and other means provided to them to safeguard the electronic information and systems within their care and use.

1. Purpose

The purpose of this policy is to establish the standard on privacy, confidentiality, and security in electronic communications at Capital Karts, to ensure that the IT systems and information are used for business purposes, and to prevent the misuse of Capital Karts IT resources, services, and activities.

This policy is intended to provide a framework for such use of the IT systems/ resources. Capital Karts IT systems means all technical hardware and software resources and tools that are used to create, store, use, share, archive, dispose/delete Capital Karts information or connect to Capital Karts IT application systems.

It should be interpreted that this policy has the widest application and so as to include new and developing technologies and uses, which may not be explicitly referred to. Where new technology is required the User must follow the Data Protection Impact assessment procedure.

2. Scope

This policy applies to employees, agents, contractors, or other parties (‘Users’) who access Capital Karts’ IT systems. Capital Karts seeks to promote and facilitate a positive and extensive use of Information Technology in the interests of supporting its employees and for providing services to our customers. This also requires appropriate and legal use of the IT systems made available.

3. Usage of Information Technology

IT systems provided by Capital Karts, containing Capital Karts information, or transmitting Capital Karts information must be used for the benefit of Capital Karts. Users are prohibited from using information technology in a manner that will harm or otherwise damage the reputation, integrity or financial position of Capital Karts or Capital Karts’ IT environment.

Any Capital Karts information must be stored, handled and transmitted consistent with Capital Karts’ General Data Protection Regulation (GDPR) policy.

4. Restriction on Use

IT system users must:

Comply with all relevant GDPR regulation policies;

  • Take reasonable steps to ensure the security of Capital Karts’ information and equipment;
  • Maintain individual accountability of each IT system user ID; this includes not permitting another user access to Capital Karts’ IT systems using an assigned user ID; each user is accountable for any transaction performed under their user ID;
  • Maintain the secrecy of all IT system passwords; this includes not sharing passwords with anyone including Capital Karts employees;
  • Not install any software or additional hardware without approval from the IT department;
  • Not disable or change anti-virus or other security software settings;
  • Not change any predetermined security configuration;
  • Not attempt to gain access to IT system facilities or Capital Karts information unless authorised to do so.

5. Personal Use

Reasonable personal use is permitted as long as it does not interfere with business use, is appropriate, and is not excessive. Managers are responsible for interpreting what is appropriate and excessive. All personal use must still comply with the user’s duty of care.

6. Privacy

All information, including e-mail messages and files, created, sent, retrieved, or backed- up over Capital Karts IT systems are the property of Capital Karts, and should not be considered the private or confidential property of the user.

Capital Karts makes no representations to guarantee the privacy of information operated on Capital Karts IT systems except as required by law, regulation, written agreements, or Capital Karts policy.

It is Capital Karts’ policy to respect the privacy of its employees. However, for security, future infrastructure planning, specific site access restriction reasons, and checking for compliance to policy, Capital Karts reserves the right to monitor all activities/communication to and from the Internet through or on its infrastructure.

Capital Karts may monitor, intercept, review, retrieve, filter, access, audit, store or block any electronic communications or other content on its IT systems, including stored voicemail and e-mail messages, with or without the specific knowledge of the users, as permitted by law, and may do so whether the messages are business-related or personal.

Users should be aware that the electronic communication records on their IT systems are discoverable in litigation (e.g., lawsuits, regulatory matters), internal or external research by Capital Karts, or audit purposes. This includes e-mail, voicemail, text messages, instant messaging conversations, documents, and any other retained communications. Such discovery can be done without the knowledge or consent of the Users.

7. Internet

Access to the Internet is provided to employees in connection with business purposes. Capital Karts reserves the right to revoke internet access or make any changes as deemed appropriate at any time without any notice, including the disallowing of sites and services. Capital Karts may limit access to Internet websites and services that are known or expected to contain malicious code, viruses or other threats to Capital Karts’ IT environment.

  • Access to the Internet from your work laptop or PC is only allowed while connected to Capital Karts network – either directly (e.g. while in the office) or remotely via our approved remote desktop solution.
  • Any data or information that are confidential to Capital Karts, and its stakeholders, including but not limited to information on financial information, financial transactions, client information, business plans, business strategies, may not be transmitted through the internet without appropriate security.
  • Access to any site representing, but not limited, to pornographic, sexual or racial themes or any offence punishable by law is prohibited.
  • Participating in chat rooms or any forum not related to business use representing Capital Karts or otherwise is prohibited.
  • Knowingly downloading any (i.e. getting/bringing) fi les, material, photos, music, software, screensavers, wallpaper not for authorised business use on any Capital Karts IT system is prohibited
  • Publishing, distribution or display of any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic or unlawful material is absolutely prohibited.
  • Unauthorised scanning, hacking, testing for security or other weaknesses of any Capital Karts or non-Capital Karts system, infrastructure, IT or non-IT related on the Internet and Capital Karts infonet is prohibited.
  • Only authorised users are permitted to change the default settings of the Internet software configuration on IT hardware.
  • No user is authorised to monitor or maintain their private or any other non-Capital Karts websites using Capital Karts network and/or equipment regardless of it being for a financial gain or not.
  • Private use of any of Capital Karts equipment for conducting personal business for financial gain is prohibited.

8. E-mail and Messaging

Capital Karts maintains its e-mail system solely for conducting its business. Copies of messages created, sent, received or stored on the e-mail system are the property of Capital Karts. We cannot guarantee that electronic communications will be private. Users should be aware that electronic communications could, depending on the technology, be forwarded, intercepted, printed, and stored by others.

Users must use the same care in drafting electronic communication as they would use for any other written communication and as reasonably expected in a professional communication. In particular, users must not use electronic messages to:

  • Send chain letters, junk e-mail/messages, spam or any other duplicate electronic messages.
  • Abuse, harass, stalk, threaten or otherwise violate the law or legal rights (such as rights of privacy and publicity) of others.
  • Conduct business which is not related to Capital Karts business.
  • Send material that is inappropriate, profane, defamatory, infringing, obscene, indecent or pornographic.
  • Knowingly transmit or upload any material that contains viruses, Trojan horses or any other harmful programs or malware.

9. Social Networking

Users must use the same care in participating in Social Networking as they would use for any other written communication and as reasonably expected in a professional communication. All employees will be required to read the Social Media Guidelines to ensure they are aware of their responsibilities to Capital Karts when using social media.

10. Mobile Computing Devices

Mobile devices provided by Capital Karts and Capital Karts information on privately owned mobile devices must be used for the benefit of Capital Karts.

In addition to all other requirements, Users must:

  • Take reasonable steps to prevent the physical theft of the mobile device or the information stored on it;
  • Report lost or stolen IT systems immediately;
  • Be aware of surroundings and be mindful of the usage of IT systems in public places;
  • Do not permit non-authorised individuals such as family members or others to use Capital Karts owned equipment.

10. Consequences of Breach

In the event of a breach of this policy by a User, Capital Karts may at its discretion:

  • Restrict or terminate a User’s right to use Capital Karts’ IT systems;
  • Withdraw or remove any material uploaded by that User in contravention of this Policy; or
  • Where appropriate, disclose information to law enforcement agencies and take any legal action against a User for breach of this Policy, including but not limited to claiming all costs, fees and disbursements (including but not limited to legal fees) connected therewith.
Data Breach Policy

Capital Karts Data Breach Policy

1. Introduction

This policy is intended to be used when an incident has occurred that has resulted in, or is believed to have resulted in, a loss of personal data for which Capital Karts is a controller. This document should be used in conjunction with the Information Security Breach Procedure which describes the overall process of reacting to an incident affecting the information security of Capital Karts.

It is a requirement of the EU General Data Protection Regulation 2016 (GDPR) that incidents affecting personal data that are likely to result in a risk to the rights and freedoms of data subjects must be reported to the data protection supervisory authority without undue delay and where feasible, within 72 hours of becoming aware of it. In the event that the 72-hour target is not met, reasons for the delay must be provided.

Where an incident affects personal data, a decision must be taken regarding the extent, timing and content of communication with data subjects. The GDPR requires that communication must happen “without undue delay” if the breach is likely to result in “a high risk to the rights and freedoms of natural persons”.

The actions set out in this document should be used only as guidance when responding to an incident. The exact nature of an incident and its impact cannot be predicted with any degree of certainty and so it is important that a good degree of common sense is used when deciding what to do. However, it is intended that the steps set out here will prove useful in ensuring that our obligations under the GDPR are fulfilled.

2. Definition/Types of Data Breach

For the purpose and context of this Policy, data security breaches include both confirmed and suspected incidents.

2.1 An incident is an event or action which may compromise the confidentiality, integrity or availability of systems or data, either accidentally or deliberately, and has caused or has the potential to cause damage to Capital Kart’s information assets and/or reputation.

2.2 An incident may include, but is not restricted to, the following:

  • Loss or theft of personal or sensitive data or equipment on which personal data is stored (e.g. loss of laptop, mobile phone, USB or paper records)
  • Equipment theft or failure
  • Unauthorised use of, access to or modification of personal data or information systems
  • Attempts to gain unauthorised access to information or IT systems
  • Unauthorised disclosure of personal/sensitive data
  • Hacking
  • Environmental circumstances (e.g. fire)
  • Human error

3. Personal Data Breach Notification Procedure

Once it has been decided that a breach of personal data has occurred, there are two parties who may be required by the GDPR to be informed. These are:

  1. The supervisory authority
  2. The data subjects affected

It is not a foregone conclusion that the breach must be notified; this depends upon an assessment of the risk that the breach represents to “the rights and freedoms of natural persons” (GDPR Article 33). The following sections describe how this decision must be taken and what to do if notification is required.

The Supervisory Authority

The supervisory authority for the purposes of the GDPR for Capital Karts is as follows:

Name: Information Commissioners Office
Address: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone: 01625 545 745
Fax: 01625 524 510
Email: casework@ico.org.uk

4. Deciding whether to notify the Supervisory Authority

The GDPR states that a personal data breach shall be notified to the supervisory authority “unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons” (GDPR Article 33). This requires that the organisation assess the level of risk before deciding whether or not to notify.

Factors to be taken into account as part of this risk assessment should include:

  • Whether the personal data was encrypted
  • If encrypted, the strength of the encryption used
  • To what extent the data was pseudonymised (i.e. whether living individuals can reasonably be identified from the data)
  • The data items included e.g. name, address, bank details, biometrics
  • The volume of data involved
  • The number of data subjects affected
  • The nature of the breach e.g. theft, accidental destruction

Any other factors that are deemed to be relevant Parties involved in this risk assessment may include representatives from the following areas, depending on the nature and circumstances of the personal data breach:

  • Senior management
  • Business area(s)
  • Technology
  • Information security
  • Legal
  • Data protection officer
  • Security team

Others representatives as required The risk assessment method, its reasoning and its conclusions should be fully documented and signed off by senior management. The result of the risk assessment should include one of the following conclusions:

  1. The personal data breach does not require notification
  2. The personal data breach requires notification to the supervisory authority only
  3. The personal data breach requires notification both to the supervisory authority and to the affected data subjects

These conclusions may be subject to change based on feedback from the supervisory authority and further information that is discovered as part of the ongoing investigation of the breach.

5. How to notify the Supervisory Authority

In the event that it is decided to notify the supervisory authority, the GDPR requires that this be done “without undue delay and, where feasible, not less than 72 hours after having become aware of it” (GDPR Article 33). If there are legitimate reasons for not having given the notification within the required timescale, these reasons must be given as part of the notification.

The notification should be given via appropriate means to the Supervisory Authority, either by;

  • using the form GDPR-FORM-5 Personal Data Breach Notification Form as a template;
  • calling the ICO helpline on 0303 123 1113; or
  • completing the form on the ICO website;

The following information must be given as part of the notification:

  1. The nature of the personal data breach, including, where possible:
    1. Categories and approximate number of data subjects concerned
    2. Categories and approximate number of personal data records concerned
  2. Name and contact details of the data protection officer or other contact point where more information may be obtained
  3. A description of the likely consequences of the personal data breach
  4. A description of the measures taken or proposed to be taken to address the personal data breach including, where appropriate, measures to mitigate its possible adverse effects
  5. If the notification falls outside of the 72-hour window, the reasons why it was not submitted earlier

Written confirmation should be obtained from the supervisory authority that the personal data breach notification has been received, including the date and time at which it was received. Where necessary, the GDPR allows the information to be provided in phases without undue further delay.

Documentation of the personal data breach, including its effects and the remedial action taken, will be produced as part of the Information Security Incident Response Procedure. Data Subjects

6. Deciding whether to notify data subjects

The GDPR states that a personal data breach shall be notified to the data subject “when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons” (GDPR Article 34). Note the addition of the word “high” over and above the definition given in Article 33.

The risk assessment carried out earlier in this procedure (section 4) will have determined whether the risk to the rights and freedoms of the data subjects affected is judged to be sufficiently high to justify notification to them.

However, if measures have subsequently been taken to mitigate the high risk to the data subjects, so that it is no longer likely to happen, then communication to the data subjects is not required by the GDPR.

Notification to affected data subjects is also not mandated by the GDPR where it “would involve disproportionate effort” (GDPR Article 34). However, in this case a form of public communication should be used instead.

Again, this may change based on feedback from the supervisory authority and further information that is discovered as part of the ongoing investigation of the breach.

7. How to notify data subjects

Once it has been decided that the breach justifies communication to the data subjects affected, the GDPR requires that this be done without undue delay.

The communication to the affected data subjects “shall describe in clear and plain language the nature of the personal data breach” (GDPR Article 34) and must also cover:

  1. Name and contact details of the data protection officer or other contact point where more information may be obtained
  2. A description of the likely consequences of the personal data breach
  3. A description of the measures taken or proposed to be taken to address the personal data breach including, where appropriate, measures to mitigate its possible adverse effects

In addition to the points required by the GDPR, it may be appropriate to offer advice to the data subject regarding actions they may be able to take to reduce the risks associated with the personal data breach.

In most cases it will be appropriate to notify affected data subjects via letter or email or both in order to ensure that the message has been received and that they have an opportunity to take any action required.

8. Annual review

This policy was approved on 24 May 2018. It will be reviewed annually to ensure that the purpose still applies and every five years by the Board.

 

Privacy Policy

Capital Karts Privacy Policy

Introduction

Capital Karts understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.Capital Karts.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy and Cookie Policy is required when you first use Our Site and you should read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

1. Definitions and Interpretation

In this Policy, the following terms shall have the following meanings:

“Account” means an account required to access and/or use certain areas and features of Our Site;

“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;

“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998 EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and

“We/Us/Our” means Capital Karts a limited company registered in England under company number 13137970​ whose registered address is 15 Cabot Square, Canary Wharf, London, E14 4QS

2. Information About Us

2.1 Our Site is owned and operated by Capital Karts.

2.2 Our VAT number is: [CONFIRM]

2.3 Our Data Protection Officer can be contacted by email at info@capitalkarts.com by telephone at 0207 100 4412 or by post at 15 Cabot Square, Canary Wharf, London, E14 4QS

3. What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

4. Your Rights

4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:

4.1.1 The right to be informed about Our collection and use of personal data;
4.1.2 The right of access to the personal data We hold about you (see section 12);
4.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please Contact Us using the details in section 14);
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to Us using your personal data for particular purposes; and 4.1.8 Rights with respect to automated decision making and profiling.

4.2 If you have any cause for complaint about Our use of your personal data, please Contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.

4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.

5. What Data Do We Collect?

Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data (please also see section 13 on Our use of Cookies and similar technologies and Our Cookies Policy.

5.1 Salutation;
5.2 name;
5.3 date of birth;
5.4 gender;
5.5 business/company name
5.6 job title;
5.7 profession;
5.8 contact information such as email addresses and telephone numbers;
5.9 demographic information such as postcode, preferences, and interests;
5.10 financial information such as credit/debit card numbers;
5.11 IP address;
5.12 web browser type and version;
5.13 operating system;
5.14 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;

6. How Do We Use Your Data?

6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.

6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:

6.2.1 Providing and managing your Account;

6.2.2 Providing and managing your access to Our Site;

6.2.3 Personalising and tailoring your experience on Our Site;

6.2.4 Supplying Our products and services to you (please note that We require your personal data in order to enter into a contract with you);

6.2.5 Personalising and tailoring Our products and services for you;

6.2.6 Replying to emails from you;

6.2.7 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by logging into Our website www.Capital Karts.com under the MyCapital Karts section and change your email subscriptions or contact HR department by calling 0207 100 4412

6.2.8 Market research, including product usage and transactional data.

6.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and/or telephone and text message with information, news and offers on Our products and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

6.4 Third parties (including Jump London, Clubspeed, Sagepay whose content appears on Capital Karts Privacy Policy (Version 1) May 2018 4 Our Site may use third party Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.

6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it. We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the purposes as stated within Our Retention Policy.

7. How and Where Do We Store Your Data?

7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.

7.2 Your data will only be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein).

7.3 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.

8. Do We Share Your Data?

8.1 Subject to section 8.2, We will not share any of your data with any third parties for any purposes.

8.2 We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

8.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.

8.4 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR including:

8.4.1 Kellton Tech Solutions Ltd, ISO27001 accredited

8.5 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.

9. What Happens If Our Business Changes Hands?

9.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.

9.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.

10. How Can You Control Your Data?

10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details and by managing your Account. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details and by managing your Account).

10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

11. Your Right to Withhold Information

11.1 You may access Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

11.2 You may restrict Our use of Cookies. For more information, see section 13 and Our Cookies Policy.

12. How Can You Access Your Data? You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at 02071004412 or using the contact details below in section 14.

13. Our Use of Cookies

Please refer to Capital Karts Cookie Policy for more information.

14. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact us by email at info@capitalkarts.com by telephone on 0207 100 4412 or by post at Capital Karts London Limited, 15 Cabot Square, Canary Wharf, London, E14 4Q. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 12, above).

15. Changes to Our Privacy Policy

We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

 

Data Subject Access Requests Procedure

Capital Karts Data Subject Access Requests Procedure

Introduction

This procedure is intended to be used when a data subject exercises one or more of the rights they are granted under the European Union General Data Protection Regulation (GDPR).

Each of the rights involved has its own specific aspects and challenges to Capital Karts in complying with them and doing so within the required timescales. Capital Karts will follow a decision-making process regarding whether a request will be allowed or not; the steps involved in these decisions are explained in this document.

This procedure should be considered in conjunction with the following related documents:

  • Data Subject Request Register
  • Data Protection Impact Assessment Process
  • Records Retention and Protection Policy
  • Privacy and Personal Data Protection Policy
  • Legitimate Interest Assessment Procedure
  • Privacy Notice Procedure


1. Data Subject Request Procedure

1.1 General Points

The following general points apply to all of the requests described in this document and are based on Article 12 of the GDPR:

  1. Information shall be provided to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child
  2. Information may be provided in writing, or electronically or by other means
  3. The data subject may request the information orally (e.g. over the telephone or face to face), as long as the identity of the data subject has been established
  4. We must act on a request from a data subject, unless we are unable to establish their identity
  5. We must provide information without undue delay and within a maximum of one month from the receipt of the request
  6. The response timescale may be extended by up to two further months for complex or a high volume of requests – the data subject must be informed of this within one month of the request, and the reasons for the delay given
  7. If a request is made via electronic form, the response should be via electronic means where possible, unless the data subject requests otherwise
  8. If it is decided that we will not comply with a request, we must inform the data subject without delay and at the latest within a month, stating the reason(s) and informing the data subject of their right to complain to the supervisory authority
  9. Generally, responses to requests will be made free of charge, unless they are “manifestly unfounded or excessive” (GDPR Article 12), in which case we will either charge a reasonable fee or refuse to action the request
  10. If there is doubt about a data subject’s identity, we may request further information to establish it

The procedure for responding to requests from data subjects is set out in Figure 1 and expanded on in Table 1. The specifics of each step in the procedure will vary according to the type of request involved – refer to the relevant section of this procedure for more detail.

1.2 Procedure Flowchart

View procedure flowchart PDF.

1.3 Procedure Steps

The steps depicted in the flowchart in Figure 1 are expanded upon in Table 1 and further under the section addressing each type of request.

STEP DESCRIPTION TEAM
Data subject request received The data subject submits a request via one of a number of methods, including electronically (via email or via our website), by letter or on the telephone. This may be received by any part of the organisation but should ideally be channeled through member services or HR. A Data Subject Request Form is available for this purpose. HR – employees Membership Services – members/external parties
Log data subject request The fact that the request has been received is logged in the Data Subject Request Register and the date of the request recorded. Individual who receives the request
Confirm identity of data subject The identity of the data subject is confirmed via an approved method. More information may be requested to confirm identity if required. If the identity of the data subject cannot be confirmed, the request is rejected and the reason for this communicated to the data subject. Individual who receives the request
Evaluate validity of request The test of whether the request is “manifestly unfounded or excessive” is applied. If so, a decision is made whether to reject the request or apply a charge to it.
In the case of requests for rectification, erasure, restriction of, or objection to, processing, a decision is also taken about whether the request is reasonable and lawful. If not, the request is rejected and the data subject informed of the decision and their right to complain to the supervisory authority.
DPO
Charge for request If a charge is applied, the data subject is informed of the charge and has an opportunity to decide whether or not to proceed. If the data subject decides not to proceed, the request is rejected and the reasons communicated. DPO
Compile requested information The relevant information is compiled according to the type of request. This may involve planning how the requested action, e.g. erasure or restriction of processing, will be achieved. A maximum of one month is permitted; if the request will take longer than that then a maximum of two further months are allowed and the data subject must be informed of the delay and the reasons for it within one month of the request being submitted.

HR – employees

Institute Secretary’s Office – members / external parties

Take requested action/provide requested information The requested action is carried out (if applicable) and the information requested is provided to the data subject electronically, if that is the preferred method, or via other means. HR – employees
Institute Secretary’s Office – external parties
Close data subject request The fact that the request has been responded to is logged in the Data Subject Request Register, together with the date of closure. Individual who receives request

Table 1 – Procedure steps

1.4 The right to withdraw consent

The data subject has the right to withdraw consent where the basis for processing of their personal data is that of consent (i.e. the processing is not based on a different justification allowed by the GDPR such as contractual or legal obligation).

Before excluding the data subject’s personal data from processing, it must be confirmed that consent is indeed the basis of the processing. If not, then the request may be rejected on the grounds that the processing does not require the data subject’s consent. Otherwise, the request should be allowed.

In many cases, the giving and withdrawal of consent will be available electronically i.e. online, and this procedure will not be required.

Where consent involves a child (defined by the GDPR as age 16 and under unless changed by law in individual member states) the giving or withdrawal must be authorised by the holder of parental responsibility over the child.

1.5 The right to be informed

At the point where personal data are collected from the data subject or obtained from another source, there is a requirement to inform the data subject about our use of that data and their rights over it. Compliance with this right is addressed in a separate document, Privacy Notice Procedure, which describes the information that must be provided and sets out how and when this must be achieved.

1.6 The right of access

A data subject has the right to ask Capital Karts whether we process data about them, to have access to that data and in addition the following information:

  1. The purposes of the processing
  2. The categories of the personal data concerned
  3. The recipients, or categories of recipients, of the data, if any, in particular any third countries or international organisations
  4. The length of time that the personal data be stored for (or the criteria used to determine that period)
  5. The data subject’s rights to rectification or erasure of their personal data and restriction of, or objection to, its processing
  6. The data subject’s right to lodge a complaint with a supervisory authority
  7. Information about the source of the data, if not directly from the data subject
  8. Whether the personal data will be subject to automated processing, including profiling and, if so, the logic and potential consequences involved
  9. Where the data are transferred to a third country or international organisation, information about the safeguards that apply

In most cases, the decision-making process for such requests will be straightforward unless it is judged that the request is manifestly unfounded or excessive. The compilation of the information is likely to require the input of the data owner.

1.7 The right to rectification

Where personal data is inaccurate, the data subject has the right to request that it be corrected and incomplete personal data completed based on information they may provide.

Where necessary, Capital Karts will take steps to validate the information provided by the data subject to ensure that it is accurate before amending it.

1.8 The right to erasure

Also known as “the right to be forgotten”, the data subject has the right to require Capital Karts to erase personal data about them without undue delay where one of the following applies:

  • The personal data are no longer necessary for the purpose for which they were collected
  • The data subject withdraws consent and there is no other legal ground for processing
  • The data subject objects to the processing of the personal data
  • The personal data have been unlawfully processed
  • For compliance reasons, i.e. to meet the legal obligations of Capital Karts
  • Where the personal data was relevant to the data subject as a child

Reasonable efforts must be made to ensure erasure where the personal data has been made public.

Capital Karts will need to make a decision on each case of such requests as to whether the request can or should be declined for one of the following reasons:

  • Right of freedom of expression and information
  • Compliance with a legal obligation
  • Public interest in the area of public health
  • To protect archiving purposes in the public interest
  • The personal data is relevant to a legal claim

It is likely that such decisions will require the involvement of Capital Karts’s Data Protection Officer, and in some cases senior management.

1.9 The right to restrict processing

The data subject can exercise the right to a restriction of processing of their personal data in one of the following circumstances:

  • Where the data subject contests the accuracy of the data, until we have been able to verify its accuracy
  • As an alternative to erasure in the circumstances that the processing is unlawful
  • Where the data subject needs the data for legal claims but it is no longer required by us
  • Whilst a decision on an objection to processing is pending

Capital Karts will need to make a decision on each case of such requests as to whether the request should be allowed. It is likely that such decisions will require the involvement of Capital Karts Data Protection Officer and in some cases senior management.

Where a restriction of processing is in place, the data may be stored but not processed without the data subject’s consent, unless for legal reasons (in which case the data subject must be informed). Other organisations who may process the data on our behalf must also be informed of the restriction.

1.10 The right to data portability

The data subject has the right to request that their personal data be provided to them in a “structured, commonly-used and machine-readable format” (GDPR Article 20) and to transfer that data to another party e.g. service provider. This applies to personal data for which processing is based on the data subject’s consent and the processing carried out by automated means.

Where feasible, the data subject can also request that the personal data be transferred directly from our systems to those of another provider.

For services that come under this category, little decision-making is required for each case and it is highly desirable that this process is automated in its execution.

1.11 The right to object

The data subject has the right to object to processing that is based on the following legal justifications:

  • For the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
  • For the purposes of the legitimate interests of the controller

Once an objection has been made, Capital Karts must justify the grounds on which the processing is based and suspend processing until this is done. Where the personal data is used for direct marketing we have no choice but to no longer process the data.

1.12 Rights in relation to automated decision making and profiling

The data subject has the right to not be the subject of automated decision-making where the decision has a significant effect on them, and can insist on human intervention where appropriate. The data subject also has the right to express their point of view and contest decisions.

There are exceptions to this right, which are if the decision:

  • Is necessary for a contract
  • Is authorised by law
  • Is based on the data subject’s explicit consent

In assessing these types of request, a judgement needs to be made about whether the above exceptions apply in the particular case in question.

 

Data Retention Policy

Capital Karts Data Retention Policy

Introduction

In its everyday business operations Capital Karts collects and stores records of many types and in a variety of different formats. The relative importance and sensitivity of these records also varies and is subject to Capital Karts’ security classification scheme.

It is important that these records are protected from loss, destruction, falsification, unauthorised access and unauthorised release and a range of controls are used to ensure this, including backups, access control and encryption.

Capital Karts also has a responsibility to ensure that it complies with all relevant legal, regulatory and contractual requirements in the collection, storage, retrieval and destruction of records. Of particular relevance is the European Union General Data Protection Regulation (GDPR) and its requirements concerning the storage and processing of personal data. Principle 5 of the Data Protection Act requires that data should not be kept longer than necessary for the purpose for which it is processed.

Therefore, in accordance with the Information Commissioner’s Office published guidance, at Capital Karts, we are required to continuously:

  • Review the data that we have;
  • Review the length of time we keep personal data;
  • Consider the purpose or purposes we hold the information, to assist us in deciding whether (and for how long) to retain it;
  • Securely delete information that is no longer needed for this purpose or these purposes; and
  • Update, archive or securely delete information once it goes out of date.

This control applies to all systems, people and processes that constitute Capital Karts’ information systems, including all Board and Council members, employees, volunteers, suppliers and other third parties who have access to IoD systems.

The following documents are relevant to this policy:

  • Privacy and Personal Data Protection Policy
  • Personal Data Inventory
  • Data Protection Impact Assessment Process
  • Privacy Notice Procedure
  • Personal Data Mapping Procedure

1 Records Retention and Protection Policy

This policy begins by establishing the main principles that must be adopted when considering record retention and protection. It then sets out the types of records held by Capital Karts and our general requirements before discussing record protection, destruction and management.

1.1 General Principles

There are a number of key general principles that must be adopted when considering record retention and protection policy. These are:

  • Records must be held in compliance with all applicable legal, regulatory and contractual requirements
  • Records must not be held for any longer than required
  • The protection of records in terms of their confidentiality, integrity and availability must be in accordance with their security classification
  • Records must remain retrievable in line with business requirements at all times
  • Where appropriate, records containing personal data must be subject as soon as possible to techniques that prevent the identification of a living individual

1.2 Record Types and Guidelines

In order to assist with the definition of guidelines for record retention and protection, records held by Capital Karts are grouped into the categories listed in the table on the following page. For each of these categories, the required or recommended retention period and allowable storage media are also given, together with a reason for the recommendation or requirement.

Note that these are guidelines only and there may be specific circumstances where records need to be kept for a longer or shorter period of time. This should be decided on a case by case basis as part of the design of the information security elements of new or significantly changed processes and services.

Further information about records held by the organisation, including their security classifications and owners can be found in Capital Karts’s Personal Data Inventory.

1.3 Retention of Data

Capital Karts will keep some forms of information for longer than others. Information should not be kept indefinitely, unless there are specific requirements. In line with principle 5 of the data protection act information should not be kept longer than is necessary.

Appendix 1, provides a breakdown of the timescales for the retention of various types of information. When data is no longer required it should be appropriately destroyed in line with the Confidential Waste Disposal policy, which outlines the procedure to be used for the disposal of information.

1.4 Use of Cryptography

Where appropriate to the classification of information and the storage medium, cryptographic techniques must be used to ensure the confidentiality and integrity of records.

Care must be taken to ensure that encryption keys used to encrypt records are securely stored for the life of the relevant records and comply with the organisation’s policy on cryptography.

1.5 Media Selection

The choice of long term storage media must take into account the physical characteristics of the medium and the length of time it will be in use.

Where records are legally (or practically) required to be stored on paper, adequate precautions must be taken to ensure that environmental conditions remain suitable for the type of paper used. Backup copies of such records should be taken by methods, such as scanning, where possible. Regular checks must be made to assess the rate of deterioration of the paper and action taken to preserve the records if required.

For records stored on electronic media such as tape, similar precautions must be taken to ensure the longevity of the materials, including correct storage and copying onto more robust media if necessary. The ability to read the contents of the particular tape (or other similar media) format must be maintained by the keeping of a device capable of processing it. If this is impractical an external third party may be employed to convert the media onto an alternative format.

1.6 Record Retrieval

There is little point in retaining records if they are not able to be accessed in line with business or legal requirements. The choice and maintenance of record storage facilities must ensure that records can be retrieved in a usable format within an acceptable period of time. An appropriate balance should be struck between the cost of storage and the speed of retrieval so that the most likely circumstances are adequately catered for.

1.7 Record Destruction

Once records have reached the end of their life according to the defined policy, they must be securely destroyed in a manner that ensures that they can no longer be used. The destruction procedure must allow for the correct recording of the details of disposal which should be retained as evidence.

1.8 Record Review

The retention and storage of records must be subject to a regular review process carried out under the guidance of management to ensure that:

  • The policy on records retention and protection remains valid
  • Records are being retained according to the policy
  • Records are being securely disposed of when no longer required
  • Legal, regulatory and contractual requirements are being fulfilled
  • Processes for record retrieval are meeting business requirements

The results of these reviews must be recorded.

1.8.1 Annual review

This policy was approved by the Data Protection Officer on 24 May 2018. It will be reviewed annually by the Data Protection Team to ensure its relevance and alignment with best practice.

GDPR Policy

Capital Karts General Data Protection Regulation Policy

Introduction

This Policy sets out the obligations of Capital Karts regarding data protection and the rights of Capital Karts customers, staff, preferred partners and third-party contractors (“data subjects”) in respect of their personal data under the General Data Protection Regulation (“the Regulation”).

The Regulation 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 Capital Karts, its employees, agents, contractors, or other parties working on behalf of Capital Karts.

Capital Karts 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.

2. The Data Protection Principles

This Policy aims to ensure compliance with the Regulation. The Regulation 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;

  1. adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
  2. 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;
  3. 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 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 Regulation in order to safeguard the rights and freedoms of the data subject;
  4. 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 Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states 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 with 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. Processed for Specified, Explicit and Legitimate Purposes

4.1. Capital Karts collects and processes the personal data set out in Part 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties (for example, non-members contact details).

4.2. Capital Karts only processes personal data for the specific purposes set out in Part 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 where it is obtained from a third party.

5. Adequate, Relevant and Limited Data Processing

Capital Karts will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.

6. Accuracy of Data and Keeping Data Up To Date

Capital Karts 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 every six months as a minimum. 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

Capital Karts 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

Capital Karts 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 Parts 22 and 23 of this Policy.

9. Accountability

9.1. Capital Karts’ Data Protection Officer, e-mail address – info@capitalkarts.com

9.2. Capital Karts shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

  1. The name and details of Capital Karts, its Data protection officer, and any applicable third-party data controllers;
  2. The purposes for which Capital Karts processes personal data;
  3. Details of the categories of personal data collected, held, and processed by Capital Karts; and the categories of data subject to which that personal data relates;
  4. Details (and categories) of any third parties that will receive personal data from Capital Karts;
  5. Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
  6. Details of how long personal data will be retained by Capital Karts; and g. Detailed descriptions of all technical and organisational measures taken by Capital Karts to ensure the security of personal data.

10. Privacy Impact Assessments

Capital Karts shall carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments shall be overseen by Capital Karts’ 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 Capital Karts;

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 Regulation.

11. The Rights of Data Subjects

The Regulation sets out the following rights applicable to 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.

12. Keeping Data Subjects Informed

12.1. Capital Karts shall ensure that the following information is provided to every data subject when personal data is collected:

a. Details of Capital Karts including, but not limited to, the identity of its Data Protection Officer;

b. The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 21 of this Policy) and the legal basis justifying that collection and processing;

c. Where applicable, the legitimate interests upon which Capital Karts is justifying its collection and processing of the personal data;

d. Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

e. Where the personal data is to be transferred to one or more third parties, details of those parties;

f. 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 Part 24 of this Policy for further details concerning such third country data transfers);

g. Details of the length of time the personal data will be held by Capital Karts (or, where there is no pre-determined per Capital Karts, details of how that length of time will be determined);

h. Details of the data subject’s rights under the Regulation;

i. Details of the data subject’s right to withdraw their consent to Capital Karts’ processing of their personal data at any time;

j. Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);

k. 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; l. 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 Part 12.1 shall be provided to the data subject at the following applicable time:

12.2.1. Where the personal data is obtained from the data subject directly, at the time of collection;

12.2.2. Where the personal data is not obtained from the data subject directly (i.e. from another party):

           a. If the personal data is used to communicate with the data subject, at the time of the first communication; or

           b. If the personal data is to be disclosed to another party, before the personal data is disclosed; or

           c. In any event, not more than one month after the time at which Capital Karts 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 Capital Karts holds about them. Capital Karts 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 Capital Karts’ Data Protection Officer via email at: info@capitalkarts.com

13.3. Capital Karts does not charge a fee for the handling of normal SARs. Capital Karts 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 Capital Karts that personal data held by Capital Karts 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 Capital Karts erases the personal data it holds about them in the following circumstances:

a. It is no longer necessary for Capital Karts to hold that personal data with respect to the purpose for which it was originally collected or processed;

b. The data subject wishes to withdraw their consent to Capital Karts holding and processing their personal data;

c. The data subject objects to Capital Karts holding and processing their personal data (and there is no overriding legitimate interest to allow Capital Karts to continue doing so) (see Part 18 of this Policy for further details concerning data subjects’ rights to object);

d. The personal data has been processed unlawfully;

e. The personal data needs to be erased in order for Capital Karts to comply with a particular legal obligation

15.2. Unless Capital Karts 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 Capital Karts ceases processing the personal data it holds about them. If a data subject makes such a request, Capital Karts 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. Capital Karts does not process personal data using automated means.

17.2. Where data subjects have given their consent to Capital Karts to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between Capital Karts and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).

17.3. To facilitate the right of data portability, Capital Karts shall make available all applicable personal data to data subjects in the following format[s]: Microsoft excel, Microsoft word .csv file

17.4. Where technically feasible, if requested by a data subject, personal data shall be sent directly to another data controller.

17.5. All requests for copies of personal data shall be complied within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).

18. Objections to Personal Data Processing

18.1. Data subjects have the right to object to Capital Karts processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling).

18.2. Where a data subject objects to Capital Karts processing their personal data based on its legitimate interests, Capital Karts shall cease such processing forthwith, unless it can be demonstrated that Capital Karts’ 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 Capital Karts processing their personal data for direct marketing purposes, Capital Karts shall cease such processing forthwith.

18.4. Where a data subject objects to Capital Karts processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. Capital Karts 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 Capital Karts 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 Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Capital Karts.

19.2. The right described in Part 19 does not apply in the following circumstances:

a. the decision is necessary for the entry into, or performance of, a contract between Capital Karts and the data subject;

b. The decision is authorised by law; or

c. The data subject has given their explicit consent.

20. Profiling
Where Capital Karts uses personal data for profiling purposes, the following shall apply:

  1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  2. Appropriate mathematical or statistical procedures will be used;
  3. Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

21. Personal Data

The following personal data may be collected, held, and processed by Capital Karts:

  1. name;
  2. date of birth;
  3. gender;
  4. business/company name
  5. job title;
  6. contact information such as email addresses and telephone numbers;
  7. demographic information such as postcode, preferences, and interests;
  8. financial information such as credit/debit card numbers;

22. Data Protection Measures

Capital Karts shall ensure that all its employees, agents, contractors, or other parties working on its behalf comply with the following when working with personal data:

  1. All personal data sent by email must be sent in an encrypted file or provided by Secure File Transfer Protocol
  2. 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 copies should be deleted securely as detailed within Capital Karts retention policy.
  3. Personal data may be transmitted over secure networks only; transmission over unsecured networks are not permitted in any circumstances;
  4. Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
  5. 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. The email itself should be deleted. All temporary files associated therewith should also be deleted;
  6. 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;
  7. Where Personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent by Royal Mail postal service or courier service;
  8. No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of Capital Karts requires access to any personal data that they do not already have access to, such access should be formally requested from the GDPR Department by email to info@capitalkarts.com
  9. 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;
  10. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of Capital Karts or not, without the authorisation of the GDPR Department by email to info@capitalkarts.com
  11. 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;
  12. If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any periods of time, the user must lock the computer and screen before leaving it;
  13. Personal data may only be held on authorised Capital Karts systems. No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets and smartphones), whether such device belongs to Capital Karts or otherwise without the formal written approval of the DPO, 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.
  14. 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 Capital Karts where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Regulation (which may include demonstrating to Capital Karts that all suitable technical and organisational measures have been taken);
  15. All personal data stored electronically should be backed up daily with backups stored in secure onsite and off-site locations.
  16. All electronic copies of personal data should be stored securely using passwords.
  17. 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 systems used by Capital Karts are designed to require such passwords;
  18. Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of Capital Karts, 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;
  19. Where personal data held by Capital Karts is used for marketing purposes, it shall be the responsibility of the Head of Marketing 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 quarterly.

23. Organisational Measures

Capital Karts shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

  1. All employees, agents, contractors, or other parties working on behalf of Capital Karts shall be made fully aware of both their individual responsibilities and Capital Karts’ responsibilities under the Regulation and under this Policy, and shall be provided with a copy of this Policy;
  2. Only employees, agents, sub-contractors, or other parties working on behalf of Capital Karts 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 Capital Karts;
  3. All employees, agents, contractors, or other parties working on behalf of Capital Karts handling personal data will be appropriately trained to do so;
  4. All employees, agents, contractors, or other parties working on behalf of Capital Karts handling personal data will be appropriately supervised;
  5. Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
  6. The performance of those employees, agents, contractors, or other parties working on behalf of Capital Karts handling personal data shall be regularly evaluated and reviewed;
  7. All employees, agents, contractors, or other parties working on behalf of Capital Karts handling personal data will be bound to do so in accordance with the principles of the Regulation and this Policy by contract;
  8. All agents, contractors, or other parties working on behalf of Capital Karts 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 Capital Karts arising out of this Policy and the Regulation;
  9. Where any agent, contractor or other party working on behalf of Capital Karts handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless Capital Karts 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. Capital Karts 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:

a. 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;

b. 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;

c. The transfer is made with the informed consent of the relevant data subject(s);

d. The transfer is necessary for the performance of a contract between the data subject and Capital Karts (or for pre-contractual steps taken at the request of the data subject);

e. The transfer is necessary for important public interest reasons;

f. The transfer is necessary for the conduct of legal claims;

g. 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

h. 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.

25. Data Breach Notification

25.1. All personal data breaches must be reported immediately to Capital Karts’ Data Protection Officer.

25.2. 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 GDPR Policy v1.3 12 of it.

25.3. In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 25.2) 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.

25.4. Data breach notifications shall include the following information:

a. The categories and approximate number of data subjects concerned;

b. The categories and approximate number of personal data records concerned;

c. The name and contact details of Capital Karts’ Data Protection Officer (or other contact point where more information can be obtained);

d. The likely consequences of the breach;

e. Details of the measures taken, or proposed to be taken, by Capital Karts to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

26. Implementation of Policy
This Policy shall be deemed effective as of 24 May 2018. No part of this Policy shall have a retroactive effect and shall thus apply only to matters occurring on or after this date. 

 

 

 

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