As LinkOrchard.com, we are concerned with building websites that offer services consumers need on Internet. Web sites this data protection policy currency applies to are as follows:
LinkOrchard.com 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 Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
Data Protection OfficerThe Data Protection Officer (DPO) for LinkOrchard.com is Alan Dodd, who is also a director of the company.
Click here to contact the DPO.
Definitions: Business purposes
The purposes for which personal data may be used by us: Personnel, administrative, financial, regulatory, payroll and business development purposes.
Business purposes include the following:
- Compliance with our legal, regulatory and corporate governance obligations and good practice
- Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests
- Ensuring business policies are adhered to (such as policies covering email and internet use)
- Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking
- Investigating complaints
- Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments
- Monitoring staff conduct, disciplinary matters
- Marketing our business
- Improving services
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and business development purposes.
Definitions: Personal data
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 as well the organisation they represent.
Definitions: Special categories of personal dataThese are concerned under GDPR with classes of data such as religion or medical conditions. We are completely satisfied we never collect this data, nor have we done in the past.
Definitions: Data Contoller'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.
Definitions: Data Processor'Data processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Definitions: Processing‘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.
Definitions: Supervisory authorityThis is the national body responsible for data protection. The supervisory authority for LinkOrchard.com is: Office of the Data Protection Commissioner, Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland. Their website: DataProtection.ie
ScopeThis 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.
Who is responsible for this policy?As our Data Protection Officer (DPO), LinkOrchard.com has overall responsibility for the day-to-day implementation of this policy. You should contact the DPO for further information about this policy if necessary. Contact the DPO.
The principlesLinkOrchard.com 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:
- 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.
- Limited for its purpose: data can only be collected for a specific purpose.
- Data minimisation: Any data collected must be necessary and not excessive for its purpose.
- Accurate: The data we hold must be accurate and kept up to date.
- Retention: We cannot store data longer than necessary.
- Integrity and confidentiality: The data we hold must be kept safe and secure.
Accountability and transparencyWe must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle.
In a nutshell, we will analyse all of the "data processing" activities we undertake. Essentially, it comprises of receiving eMails from customers in order to assist with their experiences on our website i.e. customer support and assistance.
Our policy is to keep 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 DPO.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. As team members, we are responsible for understanding our particular responsibilities to ensure we meet the following data protection obligations:
- Fully implement all appropriate technical and organisational measures
- Maintain up to date and relevant documentation on all processing activities
- Conducting Data Protection Impact Assessments
- Implement measures to ensure privacy by design and default, including:
- Data minimisation
- Allowing individuals to monitor processing
- Creating and improving security and enhanced privacy procedures on an ongoing basis
Our procedures: fair and lawful processingWe must process personal data fairly and lawfully in accordance with individual's rights under the first Principle. This generally means that we will not process personal data unless the individual whose details we are processing has consented to this happening. Applicants will be asked if they approve of us evaluating their customer support data based on information they supply us, in accordance with GDPR.
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.
Our procedures: Controlling vs. processing dataLinkOrchard.com is classified as a data controller and data processor.
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:
- Not use a sub-processor without written authorisation of the data controller
- Co-operate fully with Irish data supervisory authority
- Ensure the security of the processing
- Keep accurate records of processing activities
- Notify the controller of any personal data breaches
Our procedures: Lawful basis for processing dataWe must establish a lawful basis for processing data. All team members must ensure that any data we are responsible for managing has a written lawful basis approved by the DPO. It is our responsibility to check the lawful basis for any data we 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:
- Consent: We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
- Contract: The processing is necessary to fulfil or prepare a contract for the individual.
- Legal obligation: We have a legal obligation to process the data (excluding a contract).
- Vital interests: Processing the data is necessary to protect a person’s life or in a medical situation.
- Public function: Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
- Legitimate interest: 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. The websites we run offer commercial services to our users. From time-to-time, they may experience difficulties in using our websites, and require help. In this case, we will ask the user to contact us, supplying their contact and other pertinent data, so as we can resolve their issue. The DPO considers this a lawful basis for processing data.
Our procedures: Deciding which condition to rely onIf we are making an assessment of the lawful basis, we must first establish that the processing is necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose. We will not rely on a lawful basis if you can reasonable achieve the same purpose by some other means.
Where more than one basis may applies, we should rely on what will best fit the purpose, not what is easiest.
The following should be considered:
- What is the purpose for processing the data?
- Can it reasonably be done in a different way?
- Is there a choice as to whether or not to process the data?
- Who does the processing benefit?
- After selecting the lawful basis, is this the same as the lawful basis the data subject would expect?
- What is the impact of the processing on the individual or entity?
- Would they be likely to object to the processing?
- Are you able to stop the processing at any time on request, and have you factored in how to do this?
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 DPO.
Special categories of personal dataThis refers to sensitive personal data, such as health information. The DPO has reviewed this data type and determined LinkOrchard will never process this data.
Responsibilities - LinkOrchard.com
- Analysing and documenting the type of personal data we hold
- Checking procedures to ensure they cover all the rights of the individual
- Identify the lawful basis for processing data
- Ensuring consent procedures are lawful
- Implementing and reviewing procedures to detect, report and investigate personal data breaches
- Store data in safe and secure ways
- Assess the risk that could be posed to individual rights and freedoms should data be compromised
- Fully understand your data protection obligations
- Check that any data processing activities you are dealing with comply with our policy and are justified
- Do not use data in any unlawful way
- Do not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through your actions
- Comply with this policy at all times
- Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay
Responsibilities of the Data Protection Officer
- Keeping the board updated about data protection responsibilities, risks and issues
- Reviewing all data protection procedures and policies on a regular basis
- Arranging data protection training and advice for all staff members and those included in this policy
- Answering questions on data protection from staff, board members and other stakeholders
- Responding to individuals such as clients and employees who wish to know which data is being held on them by us
- Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing
Responsibilities of the IT Manager
- Ensure all systems, services, software and equipment meet acceptable security standards
- Checking and scanning security hardware and software regularly to ensure it is functioning properly
- Researching third-party services, such as cloud services the company is considering using to store or process data
Responsibilities of the Marketing ManagerThis is our policy concerning marketing campaigns such as newsletters:
- Approving data protection statements attached to emails and other marketing copy
- Addressing data protection queries from clients, target audiences or media outlets
- Coordinating with the DPO to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy
Accuracy and relevanceWe 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 DPO.
Data securityCritically, we 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.
Storing data securely
- In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
- Printed data should be shredded when it is no longer needed
- Data stored on a computer should be protected by strong passwords that are changed regularly. We encourage all staff to use a password manager to create and store their passwords.
- Data stored on CDs or memory sticks must be encrypted or password protected and locked away securely when they are not being used
- The DPO must approve any cloud used to store data
- Servers containing personal data must be kept in a secure location, away from general office space
- Data should be regularly backed up in line with the company’s backup procedures
- Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
- All servers containing sensitive data must be approved and protected by security software
- All possible technical measures must be put in place to keep data secure
Data retentionWe 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.
Transferring data internationallyThere 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 DPO.
Privacy noticesA 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.
Our privacy noticesPrivacy notices must be concise, transparent, intelligible and easily accessible. They are provided free of charge and must be written in clear and plain language.
The following information must be included in a privacy notice to all data subjects:
- Identification and contact information of the data controller and the data protection officer
- The purpose of processing the data and the lawful basis for doing so
- The legitimate interests of the controller or third party, if applicable
- The right to withdraw consent at any time, if applicable
- The category of the personal data (only for data not obtained directly from the data subject)
- Any recipient or categories of recipients of the personal data
- Detailed information of any transfers to third countries and safeguards in place
- The retention period of the data or the criteria used to determine the retention period, including details for the data disposal after the retention period
- The right to lodge a complaint with the Data authorities, and internal complaint procedures
- The source of the personal data, and whether it came from publicly available sources (only for data not obtained directly from the data subject)
- Any existence of automated decision making, including profiling and information about how those decisions are made, their significances and consequences to the data subject
- Whether the provision of personal data is part of a statutory of contractual requirement or obligation and possible consequences for any failure to provide the data (only for data obtained directly from the data subject)
Subject Access Requests
What is a subject access request?
How we deal with subject access requestsWe must provide an individual with a copy of the information of 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 DPO 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 DPO.
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.
Data portability requestsWe 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 DPO
Right to erasure
What is the right to erasure?
- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected and / or processed
- Where consent is withdrawn
- Where the individual objects to processing and there is no overriding legitimate interest for continuing the processing
- The personal data was unlawfully processed or otherwise breached data protection laws
- To comply with a legal obligation
How we deal with the right to erasureWe can only refuse to comply with a right to erasure in the following circumstances:
- To exercise the right of freedom of expression and information
- To comply with a legal obligation for the performance of a public interest task or exercise of official authority
- For public health purposes in the public interest
- For archiving purposes in the public interest, scientific research, historical research or statistical purposes
- The exercise or defence of legal claims
The right to objectIndividuals 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.
The right to restrict automated profiling or decision makingIn the case of LinkOrchard.com, the DPO has reviewed our data processes and has determined there is no automated profiling of our users. In the highly unlikely event of this occurring, this is our policy in line with GDPR requirements:
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:
- It is necessary for the entry into or performance of a contract.
- Based on the individual’s explicit consent.
- Otherwise authorised by law.
- Give individuals detailed information about the automated processing.?
- Offer simple ways for them to request human intervention or challenge any decision about them.
- Carry out regular checks and user testing to ensure our systems are working as intended.
Using third party controllers and processors
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.
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.
ContractsOur contracts must comply with the standards set out by the Data Authorities in Ireland and, where possible, follow the standard contractual clauses which are available. Our contracts with data controllers and 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:
- Acting only on written instructions
- Those involved in processing the data are subject to a duty of confidence
- Appropriate measures will be taken to ensure the security of the processing
- Sub-processors will only be engaged with the prior consent of the controller and under a written contract
- The controller will assist the processor in dealing with subject access requests and allowing data subjects to exercise their rights under GDPR
- The processor will assist the controller in meeting its GDPR obligations in relation to the security of processing, notification of data breaches and implementation of Data Protection Impact Assessments
- Delete or return all personal data at the end of the contract
- Submit to regular audits and inspections, and provide whatever information necessary for the controller and processor to meet their legal obligations.
- Nothing will be done by either the controller or processor to infringe on GDPR.
Criminal offence data
Criminal record checks
All data relating to criminal offences is considered to be a special category of personal data and must be treated as such. Employees must have approval from the DPO prior to carrying out a criminal record check.
Audits, monitoring and training
MonitoringEveryone must observe this policy. The DPO has overall responsibility for this policy. LinkOrchard.com will keep this policy under review and amend or change it as required. You must notify the DPO of any breaches of this policy. You must comply with this policy fully and at all times.
TrainingYou 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 DPO.
Reporting breachesAny 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. LinkOrchard.com 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:
- Investigate the failure and take remedial steps if necessary
- Maintain a register of compliance failures
- Notify the Office of the Data Protection Commissioner (Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland) of any compliance failures that are material either in their own right or as part of a pattern of failures
Please refer to our data contact form for our reporting procedure.
Failure to complyWe 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.
> Contact LinkOrchard.com about dataThat concludes the current version of our Data Protection Policy under the GDPR as enacted by laws of the Republic of Ireland.
If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.