1.Introduction

Kynetix Technology Ltd (Kynetix) is committed to conducting its business in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct.

This policy details expected behaviours of Kynetix’s Employees and Third Parties in relation to the collection, use, retention, transfer, disclosure and destruction of any Personal Data belonging to a Kynetix’s Customers and Staff (i.e. the Data Subject) and irrespective of the media used to store the information.

Personal Data is any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person. Personal Data is subject to certain legal safeguards and other regulations, which impose restrictions on how organisations may process Personal Data.

An organisation that handles personal data and makes decisions about its use is known as a Data Controller. Kynetix, as a Data Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy.

Non-compliance may expose Kynetix to complaints, regulatory action, fines and/or reputational damage.

Kynetix’s leadership is fully committed to ensuring continued and effective implementation of this policy and expects all Kynetix Employees and Third Parties to share in this commitment.

Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.

2.Scope

3.Definitions

TERM DEFINITION
Anonymisation Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) by any means or by any person.
Binding Corporate Rules The Personal Data protection policies used for the transfer of Personal Data to one or more Third Countries within a group of undertakings, or group of enterprises engaged in a joint economic activity.
Consent Any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to him or her.
Customer Any past, current or prospective Kynetix customer.
Data Controller A 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.
Data Processor A natural or legal person, Public Authority, Agency or other body which Processes Personal Data on behalf of a Data Controller.
Data Protection The process of safeguarding Personal Data from unauthorised or unlawful disclosure, access, alteration, Processing, transfer or destruction.
Data Protection Officer (DPO) The person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to the Company data privacy team with responsibility for data protection compliance.
Data Subject Anyone 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
EEA The 28 countries in the EU, and Iceland, Liechtenstein and Norway.
Employee An individual who works part-time or full-time for Kynetix under a contract of employment, whether oral or written, express or implied, and has recognised rights and duties – includes temporary employees and independent contractors.
Encryption The process of encoding a message or information in such a way that only authorised parties can access it.
Information Commissioner’s Office (ICO) An independent Public Authority in the UK responsible for monitoring the application of the relevant Data Protection regulation set forth in national law.
Personal Data Breach A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.
Process, Processed, Processing Any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means. Operations performed may include 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.
Profiling Any form of automated processing of Personal Data, where Personal Data is used to evaluate specific or general characteristics relating to a data subject. In particular to analyse or predict certain aspects concerning that natural person’s performance at work, economic situations, health, personal preferences, interests, reliability, behaviour, location or movement.
Pseudonymisation Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) without a ‘key’ that allows the data to be re-identified.
Special Categories of Data Personal Data pertaining to or revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, data concerning health or sex life and sexual orientation, genetic data or biometric data.

4.Policy

4.1.  Governance

The management team of Kynetix must ensure that all Kynetix Employees responsible for the Processing of Personal Data are aware of and comply with the contents of this policy. In addition, Kynetix will make sure all Third Parties engaged to Process Personal Data on their behalf (i.e. their Data Processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all Third Parties, whether companies or individuals, prior to granting them access to Personal Data controlled by Kynetix.

To ensure that all Data Protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing.

Kynetix must ensure that a Data Protection Impact Assessment (DPIA) is conducted, for all new and/or revised systems or processes for which it has responsibility. Kynetix should consult with a Data Protection subject matter expert during the course of completing the DPIA. The subsequent findings of the DPIA must then be submitted to the senior risk office for Kynetix for review and approval. Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate with the Data Protection subject matter expert to assess the impact of any new technology uses on the security of Personal Data.

To confirm that an adequate level of compliance is being achieved by Kynetix in relation to this policy, Kynetix will carry out an annual Data Protection compliance audit. Each audit will, as a minimum, assess compliance with this policy and the operational practices in relation to the protection of Personal Data, including:

Any major deficiencies identified will be reported to and monitored by Kynetix’s Executive Management team.

4.2.  Principles

Kynetix has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data.

PRINCIPLE DEFINITION
Principle 1: Lawfulness, Fairness and Transparency Personal Data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means, Kynetix must tell the Data Subject what Processing will occur (transparency), the Processing must match the description given to the Data Subject (fairness), and it must be for one of the purposes specified in the applicable Data Protection regulation (lawfulness).
Principle 2: Purpose Limitation Personal Data shall be collected for specified, explicit and legitimate purposes and not further Processed in a manner that is incompatible with those purposes. This means Kynetix must specify exactly what the Personal Data collected will be used for and limit the Processing of that Personal Data to only what is necessary to meet the specified purpose.
Principle 3: Data Minimisation Personal Data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed. This means Kynetix must not store any Personal Data beyond what is strictly required.
Principle 4: Accuracy Personal Data shall be accurate and kept up to date. This means Kynetix must have in place processes for identifying and addressing out-of-date, incorrect and redundant Personal Data.
Principle 5: Storage Limitation Personal Data shall be 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. This means Kynetix must, wherever possible, store Personal Data in a way that limits or prevents identification of the Data Subject.
Principle 6: Integrity & Confidentiality Personal Data shall be 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. Kynetix must use appropriate technical and organisational measures to ensure the integrity and confidentiality of Personal Data are maintained at all times.

4.2.2.   Accountability

The Data Controller shall be responsible for, and be able to demonstrate, compliance. This means Kynetix must demonstrate that the six Data Protection Principles (outlined above) are met for all Personal Data for which it is responsible.

4.3.  Data Collection

Personal Data should be collected only from the Data Subject unless one of the following applies:

Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:

4.3.1.   Data Subject Consent

Kynetix will obtain Personal Data only by lawful and fair means and, where appropriate, with the knowledge and Consent of the individual concerned.

Where a need exists to request and receive the Consent, via an agreement or positive action, from an individual prior to the collection, use or disclosure of their Personal Data, Kynetix is committed to seeking such Consent.

Kynetix shall establish a system for obtaining and documenting Data Subject consent for the collection, processing, and/or transfer of their personal data. The system must include provisions for:

4.3.2.   External Privacy Notes

Each external website provided by Kynetix will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.

4.4.  Data Use

4.4.1.   Data Processing

Kynetix uses the Personal Data of its Customers for the following broad purposes:

The use of a Customer’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a Customer’s expectations that their details will be used by Kynetix to respond to a Customer’s request for information about the products and services on offer. However, it will not be within their reasonable expectations that Kynetix would then provide their details to Third Parties for marketing purposes.

Kynetix will Process Personal Data in accordance with all applicable laws and applicable contractual obligations. More specifically, Kynetix will not Process Personal Data unless at least one of the following requirements are met:

There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original purpose for which the Personal Data was collected.

4.4.2.   Special Categories of Data

Special categories or data (also known as sensitive data) include the following:

Kynetix will only Process Special Categories of Data where the Data Subject expressly Consents to such Processing or where one of the following conditions apply:

Where Special Categories of Data are being Processed, Kynetix will adopt additional protection measures.

4.4.3.   Data Quality

Kynetix will adopt all necessary measures to ensure that the Personal Data it collects and Processes is complete and accurate in the first instance, and is updated to reflect the current situation of the Data Subject.

The measures adopted by Kynetix to ensure data quality include:

4.4.4.   Profiling and Automated Decision-Making

Kynetix will only engage in Profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the Data Subject or where it is authorised by law.

Where Kynetix utilises Profiling and automated decision-making, this will be disclosed to the relevant Data Subjects. In such cases, the Data Subject will be given the opportunity to:

Kynetix must also ensure that all Profiling and automated decision-making relating to a Data Subject is based on accurate data. Appropriate mathematical or statistical profiling procedures must be in place, and the Data Controller must ensure suitable technical and organisational measures are undertaken to minimise the risk of errors.

4.4.5.   Direct Marketing

As a general rule, Kynetix will not send promotional or direct marketing material to a Kynetix Customer through digital channels such as mobile phones, email and the Internet, without first obtaining their Consent.

The GDPR and Privacy and Electronic Communications (which governs Direct Marketing Activities within the EU) imports the GDPR standard for consent. That is:

Contacting recipients via email to establish whether consent is in place also constitutes direct marketing and is prohibited without first obtaining consent from the Customer.

The request for consent must be clearly distinguished from other matters. New marketing rules will apply equally to B2B and B2C marketing. Prior consent, before sending commercial electronic communications for direct marketing purposes will be required. This would mean if Kynetix were proposing to email prospective or existing customers the Company would have to obtain prior opt-in/subscribe consent from individual members.

Where Personal Data Processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data Processed for such purposes. If the Data Subject puts forward an objection, digital marketing related Processing of their Personal Data must cease immediately, and their details should be kept on a suppression list with a record of the opt-out decision, rather than being completely deleted.

It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals, provided that they are given the opportunity to opt-out.

A soft opt-in also remains for the use of e-mail contact details within the context of an existing customer relationship where Kynetix has obtained personal details during the course of a previous sale or transaction.

4.5.  Data Retention

To ensure fair Processing, Personal Data will not be retained by Kynetix for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.

The length of time for which Kynetix needs to retain Personal Data is set out in the Kynetix ‘Personal Data Retention Schedule’. This takes into account the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All Personal Data should be securely deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.

4.6.  Data Protection

This includes the prevention of loss or damage, unauthorised alteration, access or Processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment.

4.7.  Data Subject Rights

No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature.

Third-Party Data

4.8.  Law Enforcement Requests and Disclosures

4.9.  Data Protection Training

4.10.   Data Transfer

Transfers to Third Parties

4.11.   Complaints Handling

4.12.   Breach Reporting

5.Policy Maintenance

5.1. Publication

5.1.1

This policy shall be available to all Employees through the Kynetix Policy Portal/intranet. In the case of areas which employ non-desk-based employees, then a hard copy will be made available in the staff area.

5.2  Effective Date

The effective date of this policy is 22/05/2018

5.3  Revisions

27/1/2020 – Registered Office address change, contact details changed

6.Company details

Kynetix Technology Ltd is incorporated in England and Wales with registered number 03166153. Registered office: Springfield House, Springfield Road, Horsham, West Sussex, England, RH12 2RG.