Policy prepared by: Ryan Thompson
Approved by board / management on: 2nd May 2018
Policy became operational on: 25th May 2018
Focus Cloud gathers and uses certain information about individuals. This includes candidates and all employees of the business.
This policy describes how this personal data is collected, handled and stored to meet the company’s data protection standards and to comply with the law.
Why this policy exists
This data protection demonstrates how Focus Cloud:
- Complies with Data Protection Law (1998) and the General Data Protection Regulation (2018)
- Protects the rights of staff, candidates and partners
- Is open about how it stores and processes individuals’ data
General Data Protection Regulation (GDPR)
GDPR law applies to all businesses within the EU and is applicable to all personally identifiable information whether its stored electronically, on paper or on other materials. Article 5 of the GDPR requires that personal data shall be:
a) processed lawfully, fairly and in a transparent manner in relation to individuals;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest
f) 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.” To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
People, risks and responsibilities
This policy applies to:
- The head office of Focus Cloud
- All branches of Focus Cloud
- All staff and volunteers of Focus Cloud
- All contractors, suppliers and other people working on behalf of Focus Cloud
Focus Cloud demonstrates a lawful basis for collecting data as set out in Article 6 of the GDPR. Our policy is split into two parts. Part A which relates to personal data existing in our records prior to the introduction of GDPR, and Part B which applies to personal data collected after the introduction of GDPR. The lawful basis for Part A is Legitimate Interest. The lawful Basis for Part B is Consent.
Part A: Legitimate Interest
This relates to personal data of clients and candidates with whom we hold details for on our database, digital phone book and company email accounts. This data will not be used for marketing purposes. But rather, it will serve as a record of any previous activities so that any consented future dealings with these individuals will require less administration on their part.
Part B: Legal Consent
This applies to all new personal data collected from clients and candidates who are registered by Focus Cloud after 25th May 2018 when GDPR becomes applicable within the EU. For this, we will be obtaining consent from individuals to store and use their data.
This policy applies to all data that the company holds relating to identifiable individuals. This includes:
- Names of individuals
- Contact information including email addresses and telephone number
- Work history, salary information and professional references
- Correspondence between Focus Cloud and individuals
- For current and past employees of Focus Cloud, this also may include:
- Bank details
- Next of kin contact information and details of any existing medical conditions
- Contract of employment
- Professional references
- Management notes on performance, and disciplinary action proposed or taken
- Letters of resignation or dismissal
How we collect data
The policy applies to all data collected by the following methods:
- Incoming email
- Website enquiries
- Phone. All calls are recorded
- Public Job boards
- Recommendations by word of mouth
- Written consent by post
- Information submitted on forms
- Any data provided face to face in an interview or meeting
- Video data captured on any of the office security cameras
- For employees of Focus Cloud, a consent form allowing us to store their data in accordance with this policy
Where we store data
Client and Candidate information is stored in our CRM system called Bullhorn. Only employees of Focus Cloud have access to this software. Employee details are held on electronic file by the data controller in the Microsoft Office One Drive. Paper records are locked away in a filing cabinet which is accessible only by the Managing Director and Office Manager.
Everyone who works for, or with, Focus Cloud has a responsibility for ensuring data is collected, stored and handled appropriately.
Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.
The following people and organisations have key areas of responsibility:
Lloyd Gordon (Group Managing Director) is ultimately responsible for ensuring that Focus Cloud meets its legal obligations.
Ryan Thompson (Data Protection and Control Officer) is responsible for
- Keeping the board updated about data protection responsibilities risks and issues
- Reviewing all data protection procedures and related policies, in line with an agreed schedule
- Arranging data protection training and advice for the people covered by this policy.
- Handling data protection questions from staff and anyone else covered by this policy
- Dealing with requests from individuals to see the data [company holds about them (also called ‘subject access requests’).
- Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
Simmway IT (IT Manager)
- Ensuring all systems, services and equipment provided by them and used for storing data meet acceptable security standards Performing regular checks and scans to ensure any security hardware and software provided by them is functioning properly
- Ensuring that access to office computers, servers, hard drives and thus exposure to candidate data is limited to staff of Focus Cloud.
5AND3 (Website hosting & maintenance)
- Ensuring that personal data provided by candidates via the website are secure and encrypted
Bullhorn (CRM provider)
- Ensuring that our in-house database / software is in working order
- Ensuring that the software remains secure at all times and that personal information is only accessible to Focus Cloud
General staff guidelines
- The only people able to access data covered by this policy should be those who need it for their work.
- Data should not be shared informally.
- Focus Cloud will provide training to all employees to help them understand their responsibilities when handling data.
- Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
- In particular, strong passwords must be used, and they should never be shared.
- Personal data should not be disclosed to unauthorised people, either within the company or externally.
- Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
- Employees should request help from the data protection officer if they are unsure about any aspect of data protection.
Data storage guidelines
The following rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.
- When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
- These guidelines also apply to data that is usually stored electronically but has been printed out for some reason
- When not required, the paper or files should be kept in a locked drawer or filing cabinet.
- Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
- Data printouts should be shredded and disposed of securely when no longer required.
- When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts
- Data should be protected by strong passwords that are never shared between employees
- Servers containing personal data should be sited in a secure location.
- Data should be backed up frequently.
- Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
- All servers and computers containing data should be protected by approved security software and a firewall.
- When working with personal data, employees should ensure the screens of their computers are always locked when left unattended
- Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
- Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts
- Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data
The law requires Focus Cloud to take reasonable steps to ensure data is kept accurate and up to date.
The more important it is that the personal data is accurate, the greater the effort Focus Cloud should put into ensuring its accuracy. It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets. Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call
Subject access requests
All individuals who are the subject of personal data held by Focus Cloud entitled to:
- Ask what information the company holds about them and why.
- Ask how to gain access to it.
- Be informed how to keep it up to date.
- Be informed how the company is meeting its data protection obligations
- If an individual contacts the company requesting this information, this is called a subject access request.
Subject access requests from individuals should be made in writing, and, will be actioned within 7 days of receipt by the data control officer.