Neptune Management (UK) Ltd is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure that our staff understand the rules governing their use of the personal data to which they have access in the course of their work. In particular, this policy requires staff to ensure that the Person Responsible For Data Protection be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
These are there to reduce the amount of data you use and speed up your browsing experience
We do not save any personally identifying data of visitors to our website.
Google Analytics provides us with anonomised data on the visitors to our site. This allows us to see the flow of visitors through our website and understand which content is engaging website visitors and what is not.
Cookies are stored locally in your browser. Turning cookies off in your browser settings will go some way to prevent your online habits being tracked. You can also browse 'incognito' with most popular browsers and set your browser to regularly clear cookies and history.
Our mailing lists for special offers and newsletters have always been, and will remain strictly opt in. This is now also a requirement under GDPR.
To withdraw your consent of receiving promotional material there is an unsubscribe link at the bottom of any promotional mailing we send out. You can also phone the office or email us.
To withdraw your consent to us sending you marketing messages via SMS, text STOP in response to any text you receive
It is necessary for the operation of our business to retain certain data for the day to day operations and to comply with local and European laws.
We will never sell or pass on your details to any third party unless required to do so by law.
We do retain emails, email addresses, phone numbers, names and addresses in order to effectively deliver our services.
You are entitled to a copy of the data we retain on you. You can obtain this at no cost to yourself by contacting the Person Responsible for Data Protection.
If the data we have concerning you is incorrect, notify us and we will correct it.
If you no longer wish for us to retain any data on you, or be referenced by us on our website or social media platforms, you have the right to be forgotten and we will remove any data within our control apart from what we are legally obliged to retain for our records.
We use cloud services for our CRM (Customer Relationship Management) database application provided by a third party situated outside the EU who meet the industry standards for ISO 27001 and SOC 2 Type 2. They have strong Data Processing Agreements, revised to meet the requirements of the GDPR. Our CRM supplier participates in and has certified their compliance with the EU-U.S. Privacy Shield Framework with respect to transfer of data to the EU and US. They do not sell advertising on any of their platforms. Even their free to use applications are advert free so there can be no conflict of interest.
We use these specialist companies to be at the forefront of database security
In the first instance we would prefer if you contact us and notify us of any issues which we may be able to resolve for you. You can also contact ICO (the Information Commissioner's Office)
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and business development purposes.
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal data we gather may include: individuals' phone number, email address, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.
Special categories of data include information about an individual's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy.
‘Data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
This is the national body responsible for data protection. The supervisory authority for our organisation is [the Information Commissioners Office].
This policy applies to all staff, who must be familiar with this policy and comply with its terms.
This policy supplements our other policies relating to internet and email use. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.
As our person responsible for data protection, Rob Telling has overall responsibility for the day-to-day implementation of this policy. You should contact the person responsible for further information about this policy if necessary.
Head Office: (01489) 785 525
Neptune Management (UK) Ltd shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:
1. Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
2. Limited for its purpose
Data can only be collected for a specific purpose.
3. Data minimisation
Any data collected must be necessary and not excessive for its purpose.
The data we hold must be accurate and kept up to date.
We cannot store data longer than necessary.
6. Integrity and confidentiality
The data we hold must be kept safe and secure.
We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. You are responsible for keeping a written record of how all the data processing activities you are responsible for comply with each of the Principles. This must be kept up to date and must be approved by the person responsible for data protection.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. You are responsible for understanding your particular responsibilities to ensure we meet the following data protection obligations:
Implement measures to ensure privacy by design and default, including:
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful. Data subjects have the right to have any data unlawfully processed erased
Neptune Management (UK) Ltd is classified as a [data controller (and/or) data processor]. We must maintain our appropriate registration with the Information Commissioner's Office in order to continue lawfully [controlling (and/or) processing] data.
[For data processors] As a data processor, we must comply with our contractual obligations and act only on the documented instructions of the data controller. If we at any point determine the purpose and means of processing out with the instructions of the controller, we shall be considered a data controller and therefore breach our contract with the controller and have the same liability as the controller. As a data processor, we must:
If you are in any doubt about how we handle data, contact the PRDP (Person Responsible for Data Protection) for clarification.
We must establish a lawful basis for processing data. Ensure that any data you are responsible for managing has a written lawful basis approved by the DPO. It is your responsibility to check the lawful basis for any data you are working with and ensure all of your actions comply the lawful basis. At least one of the following conditions must apply whenever we process personal data:
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
The processing is necessary to fulfill or prepare a contract for the individual.
We have a legal obligation to process the data (excluding a contract).
Processing the data is necessary to protect a person’s life or in a medical situation.
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
If you are making an assessment of the lawful basis, you must first establish that the processing is necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose. You cannot rely on a lawful basis if you can reasonable achieve the same purpose by some other means.
Remember that more than one basis may apply, and you should rely on what will best fit the purpose, not what is easiest.
Consider the following factors and document your answers:
Our commitment to the first Principle requires us to document this process and show that we have considered which lawful basis best applies to each processing purpose, and fully justify these decisions.
We must also ensure that individuals whose data is being processed by us are informed of the lawful basis for processing their data, as well as the intended purpose. This should occur via a privacy notice. This applies whether we have collected the data directly from the individual, or from another source.
If you are responsible for making an assessment of the lawful basis and implementing the privacy notice for the processing activity, you must have this approved by the PRDP.
Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
In most cases where we process special categories of personal data we will require the data subject's explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the PRDP.
You must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third party organisations.
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
There are restrictions on international transfers of personal data. You must not transfer personal data abroad, or anywhere else outside of normal rules and procedures without express permission from the PRDP.
Individuals have rights to their data which we must respect and comply with to the best of our ability. We must ensure individuals can exercise their rights in the following ways:
1. Right to be informed
Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children.
Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
2. Right of access
Enabling individuals to access their personal data and supplementary information
Allowing individuals to be aware of and verify the lawfulness of the processing activities
3. Right to rectification
We must rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete.
This must be done without delay, and no later than one month. This can be extended to two months with permission from the DPO.
4. Right to erasure
We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
5. Right to restrict processing
We must comply with any request to restrict, block, or otherwise suppress the processing of personal data.
We are permitted to store personal data if it has been restricted, but not process it further. We must retain enough data to ensure the right to restriction is respected in the future.
6. Right to data portability
We must provide individuals with their data so that they can reuse it for their own purposes or across different services.
We must provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.
7. Right to object
We must respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
We must respect the right of an individual to object to direct marketing, including profiling.
We must respect the right of an individual to object to processing their data for scientific and historical research and statistics.
8. Rights in relation to automated decision making and profiling
We must respect the rights of individuals in relation to automated decision making and profiling.
Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
When to supply a privacy notice
A privacy notice must be supplied at the time the data is obtained if obtained directly from the data subject. If the data is not obtained directly from the data subject, the privacy notice must be provided within a reasonable period of having obtained the data, which mean within one month. If the data is being used to communicate with the individual, then the privacy notice must be supplied at the latest when the first communication takes place. If disclosure to another recipient is envisaged, then the privacy notice must be supplied prior to the data being disclosed.
Privacy notices must be concise, transparent, intelligible and easily accessible. They are provided free of charge and must be written in clear and plain language, particularly if aimed at children
The following information must be included in a privacy notice to all data subjects:
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.
We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual must be informed within one month. You must obtain approval from the PRDP before extending the deadline.
We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting. This can only be done with express permission from the PRDP.
Once a subject access request has been made, you must not change or amend any of the data that has been requested. Doing so is a criminal offence.
We must provide the data requested in a structured, commonly used and machine-readable format. This would normally be a CSV file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This must be done free of charge and without delay, and no later than one month. This can be extended to two months for complex or numerous requests, but the individual must be informed of the extension within one month and you must receive express permission from the PRDP first.
Individuals have a right to have their data erased and for processing to cease in the following circumstances:
We can only refuse to comply with a right to erasure in the following circumstances:
If personal data that needs to be erased has been passed onto other parties or recipients, they must be contacted and informed of their obligation to erase the data. If the individual asks, we must inform them of those recipients.
Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless: We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
The processing relates to the establishment, exercise or defence of legal claims.
We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.
We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:
In these circumstances, we must:
As a [data controller (and/or) data processor], we must have written contracts in place with any third party [data controllers (and/or) data processors] that we use. The contract must contain specific clauses which set out our and their liabilities, obligations and responsibilities.
[For controllers] As a data controller, we must only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.
[For processors] As a data processor, we must only act on the documented instructions of a controller. We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.
Our contracts must comply with the standards set out by the ICO and, where possible, follow the standard contractual clauses which are available. Our contracts with [data controllers (and/or) data processors] must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.
At a minimum, our contracts must include terms that specify:
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such. You must have approval from the DPO prior to carrying out a criminal record check.
Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant. You must conduct a regular data audit as defined by the DPO and normal procedures.
Everyone must observe this policy. The PRDP has overall responsibility for this policy. Neptune Management (UK) Ltd will keep this policy under review and amend or change it as required. You must notify the PRDP of any breaches of this policy. You must comply with this policy fully and at all times.
You will receive adequate training on provisions of data protection law specific for your role. You must complete all training as requested. If you move role or responsibilities, you are responsible for requesting new data protection training relevant to your new role or responsibilities.
If you require additional training on data protection matters, contact the PRDP.
Any breach of this policy or of data protection laws must be reported as soon as practically possible. This means as soon as you have become aware of a breach. Neptune Management (UK) Ltd has a legal obligation to report any data breaches to [name of supervisory authority] within [72 hours].
All members of staff have an obligation to report actual or potential data protection compliance failures. This allows us to:
Any member of staff or franchisee who fails to notify of a breach, or is found to have known or suspected a breach has occurred but has not followed the correct reporting procedures will be liable to disciplinary action.
Please refer any data breach to the Person Responsible for Data Protection immediately. A receipt of notification must be obtained.
We take compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal or termination of contract.
If you have any questions or concerns about anything in this policy, do not hesitate to contact the PRDP.