Crafnant Consulting Ltd (Trading as Crafnant HR) Data Protection Policy

Company Number 0773 7680. ICO notification number ZA289121

Purpose

Crafnant HR is committed to being transparent about how it collects and uses the personal data of its clients, its clients’ employees and any third parties which it works with and to meeting its data protection obligations. This policy sets out Crafnant HR’s commitment to data protection, and individual rights and obligations in relation to personal data.

This policy applies to the personal data of:

• Crafnant HR clients both past, present and prospective, referred to as Client-related personal data
• job applicants, employees, workers, contractors, volunteers, interns, apprentices and former employees of Crafnant HR clients’, referred to as HR-related personal data.

Crafnant HR has appointed Tracy Madgwick as the person with responsibility for data protection compliance within Crafnant HR. She can be contacted at [email protected] Questions about this policy, or requests for further information, should be directed to her.

Definitions

“Personal data” is any information that relates to an individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.

“Special categories of personal data” means information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.

Data protection principles

Crafnant HR processes client-related and HR-related personal data in accordance with the following data protection principles:

• Crafnant HR processes personal data lawfully, fairly and in a transparent manner.
• Crafnant HR collects personal data only for specified, explicit and legitimate purposes.
• Crafnant HR processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
• Crafnant HR keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
• Crafnant HR keeps personal data only for the period necessary for processing.
• Crafnant HR adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.

Crafnant HR tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy notices. It will not process personal data of individuals for other reasons.

Where Crafnant HR processes special categories of HR-related personal data on behalf of a client, it does so to enable the client to carry out its obligations and to exercise its rights in the field of employment law.

Crafnant HR will update personal data promptly if an individual advises that his/her information has changed or is inaccurate.

Personal data gathered during the relationship with the client is held in a dedicated electronic client file and on Crafnant HR’s email systems. The periods for which Crafnant HR holds client-related and HR-related personal data are contained in its privacy notices to clients.

Crafnant HR keeps a record of its processing activities in respect of client-related and HR-related personal data in accordance with the requirements of the General Data Protection Regulation (GDPR).

Individual rights

As a data subject, individuals have a number of rights in relation to their personal data.

Subject access requests

Individuals have the right to make a subject access request. If an individual makes a subject access request, Crafnant HR will tell him/her:

• whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
• to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
• for how long his/her personal data is stored (or how that period is decided);
• his/her rights to rectification or erasure of data, or to restrict or object to processing;
• his/her right to complain to the Information Commissioner if he/she thinks Crafnant HR has failed to comply with his/her data protection rights; and
• whether or not Crafnant HR carries out automated decision-making and the logic involved in any such decision-making

Crafnant HR will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.

If the individual wants additional copies, Crafnant HR will charge a fee, which will be based on the administrative cost to Crafnant HR of providing the additional copies.

To make a subject access request, the individual should send the request to [email protected]. In some cases, Crafnant HR may need to ask for proof of identification before the request can be processed. Crafnant HR will inform the individual if it needs to verify his/her identity and the documents it requires.

Crafnant HR will normally respond to a request as soon as possible and certainly within a period of one month from the date the request is received.

If a subject access request is manifestly unfounded or excessive, Crafnant HR is not obliged to comply with it. Alternatively, Crafnant HR can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which Crafnant HR has already responded. If an individual submits a request that is unfounded or excessive, Crafnant HR will notify him/her that this is the case and whether or not it will respond to it.

Other rights

Individuals have a number of other rights in relation to their personal data. They can require Crafnant HR to:

• rectify inaccurate data;
• stop processing or erase data that is no longer necessary for the purposes of processing;
• stop processing or erase data if the individual’s interests override Crafnant HR’s legitimate grounds for processing data (where Crafnant HR relies on its legitimate interests as a reason for processing data);
• stop processing or erase data if processing is unlawful; and
• stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual’s interests override Crafnant HR’s legitimate grounds for processing data.

To ask Crafnant HR to take any of these steps, the individual should send the request to [email protected]

Data security

Crafnant HR takes the security of client-related and HR-related personal data seriously. Crafnant HR has internal policies and controls in place to protect personal data against loss, accidental destruction, misuse or disclosure.  All personal data is stored on a computer which is password protected and encrypted with Bitlocker using 128-bit AES encryption.

Where Crafnant HR engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

Impact assessments

Some of the processing that Crafnant HR carries out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms, Crafnant HR will carry out a data protection impact assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.

Data breaches

If Crafnant HR discovers that there has been a breach of client or HR-related personal data that poses a risk to the rights and freedoms of individuals, it will report it to the Information Commissioner within 72 hours of discovery. Crafnant HR will record all data breaches regardless of their effect.

If the breach is likely to result in a high risk to the rights and freedoms of individuals, it will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.

International data transfers

Crafnant HR does not transfer data to countries outside the EEA.

Client responsibilities

Clients are responsible for helping Crafnant HR keep their own personal data up to date. Clients are also responsible for helping Crafnant HR keep HR-related data for their business up to date. Clients should let Crafnant HR know if data provided to Crafnant HR changes.

Associate responsibilities

From time to time, Crafnant Consultant may work with associates who may have access to client-related and HR-related personal data in the course of their work with Crafnant HR.  Where this is the case, Crafnant HR relies on those associates to help meet its data protection obligations to clients and the employees, or workers of that client.

Individuals who have access to personal data are required:

• to access only data that they have authority to access and only for authorised purposes;
• not to disclose data except to individuals (whether inside or outside Crafnant HR) who have appropriate authorisation;
• to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);

Failure to follow these requirements will result Crafnant HR ending the relationship with that associate.

Training

Crafnant HR will provide training to all associates about their data protection responsibilities as part of any induction process.

Review of this policy

This policy will be reviewed regularly. The next review date is February 2022. It may be reviewed earlier than this date in light of the amendments to the Data Protection Act 2018.

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