Version 1 Date 25.05.2018
CMAC Group UK Ltd
Data Protection Policy
1. Introduction 1.1. This Policy sets out the obligations of CMAC Group UK Ltd (‘CMAC’), a company
registered in England and Wales under number 06054801, whose registered office is at Suite 1, The Globe Centre,
St James Square, Accrington, BB5 0RE regarding data protection and the rights of customers, business contacts
and passengers (“data subjects”) in respect of their personal data under EU Regulation 2016/679
General Data Protection Regulation (“GDPR”). 1.2. The GDPR defines “personal data” as
any information relating to an identified or identifiable natural person (a “data subject”); an
identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to
an identifier such as 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. 1.3. This Policy sets the Company’s obligations regarding the collection, processing,
transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed
at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the
Company. 1.4. The Company is committed not only to the letter of the law, but also to the spirit of the law and
places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal
rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any
party handling personal data must comply. All personal data must be: 2.1. Processed lawfully, fairly, and in a
transparent manner in relation to the data subject. 2.2. Collected for specified, explicit, and legitimate
purposes and not further processed in a manner that is incompatible with those purposes. Further processing for
archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
shall not be considered to be incompatible with the initial purposes. 2.3. Adequate, relevant, and limited to
what is necessary in relation to the purposes for which it is processed. 2.4. Accurate and, where necessary,
kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having
regard to the purposes for which it is processed, is erased, or rectified without delay. 2.5. 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. Personal data may be stored for longer periods insofar as the personal data will be
processed solely for archiving purposes in the public interest, scientific or historical research purposes, or
statistical purposes, subject to implementation of the appropriate technical and organisational measures
required by the GDPR in order to safeguard the rights and freedoms of the data subject. 2.6. 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.
3. The Rights of Data Subjects
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The GDPR sets out the following rights applicable to data subjects (please refer to the parts of
this policy indicated for further details): 3.1. The right to be informed; 3.2. The right of access; 3.3. The
right to rectification; 3.4. The right to erasure (also known as the ‘right to be forgotten’); 3.5.
The right to restrict processing 3.6. The right to data portability; 3.7. The right to object; and 3.8. Rights
with respect to automated decision-making and profiling.
4. Lawful, Fair, and Transparent Data
Processing 4.1. The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently,
without adversely affecting the rights of the data subject. The GDPR states that processing of personal data
shall be lawful if at least one of the following applies: 4.1.1. The data subject has given consent to the
processing of their personal data for one or more specific purposes; 4.1.2. The processing is necessary for the
performance of a contract to which the data subject is a party, or in order to take steps at the request of the
data subject prior to entering into a contract with them; 4.1.3. The processing is necessary for compliance with
a legal obligation to which the data controller is subject; 4.1.4. The processing is necessary to protect the
vital interests of the data subject or of another natural person; 4.1.5. The processing is necessary for the
performance of a task carried out in the public interest or in the exercise of official authority vested in the
data controller; or 4.1.6. The processing is necessary for the purposes of the legitimate interests pursued by
the data controller or by a third party, except where such interests are overridden by the fundamental rights
and freedoms of the data subject which require protection of personal data, in particular where the data subject
is a child.
5. Specified, Explicit, and Legitimate Purposes 5.1. The Company collects and processes
the personal data set out in Part 21 of this Policy. This includes: 5.1.1. Personal data collected directly from
data subjects. 5.2. The Company only collects, processes, and holds personal data for the specific purposes set
out in Part 21 of this Policy (or for other purposes expressly permitted by the GDPR). 5.3. Data subjects are
kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please
refer to Part 12 for more information on keeping data subjects informed.
6. Adequate, Relevant, and
Limited Data Processing The Company will only collect and process personal data for and to the extent necessary
for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under
Part 5, above.
7. Accuracy of Data and Keeping Data Up-to-Date
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7.1. The Company shall ensure that all personal data collected, processed, and held by it
is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the
request of a data subject, as set out in Part 14, below. 7.2. The accuracy of personal data shall be checked
when it is collected and at intervals thereafter. If any personal data is found to be inaccurate or out-of-date,
all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
8.
Data Retention 8.1. The Company shall not keep personal data for any longer than is necessary in light of the
purpose or purposes for which that personal data was originally collected, held, and processed. 8.2. When
personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it
without delay. 8.3. For full details of the Company’s approach to data retention, including retention
periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
9. Secure Processing The Company shall ensure that all personal data collected, held, and processed is
kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction,
or damage. Further details of the technical and organisational measures which shall be taken are provided in
Parts 22 to 27 of this Policy.
10. Accountability and Record-Keeping 10.1. Nominated members of
staff shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with
this Policy, the Company’s other data protection-related policies, and with the GDPR and other applicable
data protection legislation. 10.2. The Company shall keep written internal records of all personal data
collection, holding, and processing, which shall incorporate the following information: 10.2.1. The name and
details of the Company, its Data Protection Officer, and any applicable third-party data processors; 10.2.2. The
purposes for which the Company collects, holds, and processes personal data; 10.2.3. Details of the categories
of personal data collected, held, and processed by the Company, and the categories of data subject to which that
personal data relates; 10.2.4. Details of any transfers of personal data to non-EEA countries including all
mechanisms and security safeguards; 10.2.5. Details of how long personal data will be retained by the Company
(please refer to the Company’s Data Retention Policy); and 10.2.6. Detailed descriptions of all technical
and organisational measures taken by the Company to ensure the security of personal data.
11. Data
Protection Impact Assessments 11.1. The Company shall carry out Data Protection Impact Assessments for any and
all new projects and/or new uses of personal data. 11.2. Data Protection Impact Assessments shall be overseen by
R&D and shall address the following: 11.2.1. The type(s) of personal data that will be collected, held, and
processed;
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11.2.2. The purpose(s) for which personal data
is to be used; 11.2.3. The Company’s objectives; 11.2.4. How personal data is to be used; 11.2.5. The
parties (internal and/or external) who are to be consulted; 11.2.6. The necessity and proportionality of the
data processing with respect to the purpose(s) for which it is being processed; 11.2.7. Risks posed to data
subjects; 11.2.8. Risks posed both within and to the Company; and 11.2.9. Proposed measures to minimise and
handle identified risks.
12. Keeping Data Subjects Informed 12.1. The Company shall provide the
information set out in Part 12.2 to every data subject: 12.1.1. Where personal data is collected directly from
data subjects, those data subjects will be informed of its purpose at the time of collection; and 12.1.2. Where
personal data is obtained from a third party, the relevant data subjects will be informed of its purpose: a) if
the personal data is used to communicate with the data subject, when the first communication is made; or b) if
the personal data is to be transferred to another party, before that transfer is made; or c) as soon as
reasonably possible and in any event not more than one month after the personal data is obtained. 12.2. The
following information shall be provided: 12.2.1. Details of the Company including, but not limited to, the
identity of its Data Protection Officer; 12.2.2. The purpose(s) for which the personal data is being collected
and will be processed (as detailed in Part 21 of this Policy) and the legal basis justifying that collection and
processing; 12.2.3. Where applicable, the legitimate interests upon which the Company is justifying its
collection and processing of the personal data; 12.2.4. Where the personal data is not obtained directly from
the data subject, the categories of personal data collected and processed; 12.2.5. Where the personal data is to
be transferred to one or more third parties, details of those parties; 12.2.6. Where the personal data is to be
transferred to a third party that is located outside of the European Economic Area (the “EEA”),
details of that transfer, including but not limited to the safeguards in place; 12.2.7. Details of data
retention; 12.2.8. Details of the data subject’s rights under the GDPR; 12.2.9. Details of the data
subject’s right to withdraw their consent to the Company’s processing of their personal data at any
time; 12.2.10. Details of the data subject’s right to complain to the Information Commissioner’s
Office (the “supervisory authority” under the GDPR); 12.2.11. Where applicable, details of any legal
or contractual requirement or obligation necessitating the collection and processing of the personal data and
details of any consequences of failing to provide it; and
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12.2.12. Details of any automated decision-making or profiling that will take place using the personal
data, including information on how decisions will be made, the significance of those decisions, and any
consequences.
13. Data Subject Access 13.1. Data subjects may make subject access requests
(“SARs”) at any time to find out more about the personal data which the Company holds about them,
what it is doing with that personal data, and why. 13.2. Data subjects wishing to make a SAR may do so in
writing. SARs should be addressed to [email protected] 13.3. Responses to SARs shall normally be
made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or
numerous requests are made. If such additional time is required, the data subject shall be informed. 13.4. All
SARs received shall be handled by the Company’s R&D representative. 13.5. The Company does not charge
a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional
copies of information that has already been supplied to a data subject, and for requests that are manifestly
unfounded or excessive, particularly where such requests are repetitive.
14. Rectification of
Personal Data 14.1. Data subjects have the right to require the Company to rectify any of their personal data
that is inaccurate or incomplete. 14.2. The Company shall rectify the personal data in question, and inform the
data subject of that rectification, within one month of the data subject informing the Company of the issue. The
period can be extended by up to two months in the case of complex requests. If such additional time is required,
the data subject shall be informed. 14.3. In the event that any affected personal data has been disclosed to
third parties, those parties shall be informed of any rectification that must be made to that personal data.
15. Erasure of Personal Data 15.1. Data subjects have the right to request that the Company erases
the personal data it holds about them in the following circumstances: 15.1.1. It is no longer necessary for the
Company to hold that personal data with respect to the purpose(s) for which it was originally collected or
processed; 15.1.2. The data subject wishes to withdraw their consent to the Company holding and processing their
personal data; 15.1.3. The data subject objects to the Company holding and processing their personal data (and
there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this
Policy for further details concerning the right to object); 15.1.4. The personal data has been processed
unlawfully; 15.1.5. The personal data needs to be erased in order for the Company to comply with a particular
legal obligation. 15.2. Unless the Company has reasonable grounds to refuse to erase personal data, all requests
for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of
the data subject’s request. The period can be extended by
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up to two months in the case of complex requests. If such additional time is required, the data subject
shall be informed. 15.3. In the event that any personal data that is to be erased in response to a data
subject’s request has been disclosed to third parties, those parties shall be informed of the erasure
(unless it is impossible or would require disproportionate effort to do so).
16. Restriction of
Personal Data Processing 16.1. Data subjects may request that the Company ceases processing the personal data it
holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal
data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not
processed further. 16.2. In the event that any affected personal data has been disclosed to third parties, those
parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would
require disproportionate effort to do so).
17. Objections to Personal Data Processing 17.1. Data
subjects have the right to object to the Company processing their personal data based on legitimate interests,
direct marketing (including profiling). 17.2. Where a data subject objects to the Company processing their
personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it
can be demonstrated that the Company’s legitimate grounds for such processing override the data
subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal
claims. 17.3. Where a data subject objects to the Company processing their personal data for direct marketing
purposes, the Company shall cease such processing immediately.
18. Data Security -
Transferring Personal Data and Communications The Company shall ensure that the following measures are taken
with respect to all communications and other transfers involving personal data: 18.1. All emails containing
personal data must be encrypted; 18.2. All emails containing personal data must be marked
“confidential”; 18.3. Personal data may be transmitted over secure networks only; transmission over
unsecured networks is not permitted in any circumstances; 18.4. Personal data may not be transmitted over a
wireless network if there is a wired alternative that is reasonably practicable; 18.5. Personal data contained
in the body of an email, whether sent or received, should be copied from the body of that email and stored
securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
18.6. Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of
the transmission and should be waiting by the fax machine to receive the data; 18.7. Where personal data is to
be transferred in hardcopy form it should be passed directly to the recipient; and 18.8. All personal data to be
transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a
suitable container marked “confidential”.
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19. Data Security – Storage 19.1. The Company shall ensure that the following measures are taken
with respect to the storage of personal data: 19.2. All electronic copies of personal data should be stored
securely using passwords and data encryption; 19.3. All hardcopies of personal data, along with any electronic
copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or
similar; 19.4. All personal data stored electronically should be backed up with backups stored onsite. All
backups should be encrypted; 19.5. No personal data should be stored on any mobile device (including, but not
limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise without
the formal written approval of [email protected] and, in the event of such approval, strictly in
accordance with all instructions and limitations described at the time the approval is given, and for no longer
than is absolutely necessary; and 19.6. No personal data should be transferred to any device personally
belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors,
or other parties working on behalf of the Company where the party in question has agreed to comply fully with
the letter and spirit of this Policy and of the GDPR (which may include demonstrating to the Company that all
suitable technical and organisational measures have been taken).
20. Data Security - Disposal When
any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made
and are no longer needed), it should be securely deleted and disposed of. For further information on the
deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.
21. Data Security - Use of Personal Data The Company shall ensure that the following measures are taken
with respect to the use of personal data: 21.1. No personal data may be shared informally and if an employee,
agent, subcontractor, or other party working on behalf of the Company requires access to any personal data that
they do not already have access to, such access should be formally requested from [email protected];
21.2. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such
parties are working on behalf of the Company or not, without the authorisation of [email protected];
21.3. Personal data must be handled with care at all times and should not be left unattended or on view to
unauthorised employees, agents, sub-contractors, or other parties at any time; 21.4. If personal data is being
viewed on a computer screen and the computer in question is to be left unattended for any period of time, the
user must lock the computer and screen before leaving it; and 21.5. Where personal data held by the Company is
used for marketing purposes, it shall be the responsibility of Marketing Manager to ensure that the appropriate
consent is
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obtained and that no data subjects have opted
out, whether directly or via a third-party service such as the TPS.
22. Data Security - IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security:
22.1. All passwords used to protect personal data should be changed regularly and should not use words or
phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of
uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require
such passwords; 22.2. Under no circumstances should any passwords be written down or shared between any
employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or
department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have
access to passwords; 22.3. All software (including, but not limited to, applications and operating systems)
shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all
security-related updates as soon as reasonably and practically possible, unless there are valid technical
reasons not to do so; and 22.4. No software may be installed on any Company-owned computer or device without the
prior approval from R&D.
23. Organisational Measures The Company shall ensure that the
following measures are taken with respect to the collection, holding, and processing of personal data: 23.1. All
employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of
both their individual responsibilities and the Company’s responsibilities under the GDPR and under this
Policy, and shall be provided with a copy of this Policy; 23.2. Only employees, agents, sub-contractors, or
other parties working on behalf of the Company that need access to, and use of, personal data in order to carry
out their assigned duties correctly shall have access to personal data held by the Company; 23.3. All employees,
agents, contractors, or other parties working on behalf of the Company handling personal data will be
appropriately trained to do so; 23.4. All employees, agents, contractors, or other parties working on behalf of
the Company handling personal data will be appropriately supervised; 23.5. All employees, agents, contractors,
or other parties working on behalf of the Company handling personal data shall be required and encouraged to
exercise care, caution, and discretion when discussing work-related matters that relate to personal data,
whether in the workplace or otherwise; 23.6. Methods of collecting, holding, and processing personal data shall
be regularly evaluated and reviewed; 23.7. All personal data held by the Company shall be reviewed periodically,
as set out in the Company’s Data Retention Policy; 23.8. The performance of those employees, agents,
contractors, or other parties working on behalf of the Company handling personal data shall be regularly
evaluated and reviewed;
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23.9. All employees, agents,
contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in
accordance with the principles of the GDPR and this Policy by contract; 23.10. All agents, contractors, or other
parties working on behalf of the Company handling personal data must ensure that any and all of their employees
who are involved in the processing of personal data are held to the same conditions as those relevant employees
of the Company arising out of this Policy and the GDPR; and 23.11. Where any agent, contractor or other party
working on behalf of the Company handling personal data fails in their obligations under this Policy that party
shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings
which may arise out of that failure.
24. Transferring Personal Data to a Country Outside the EEA
24.1. The Company may from time to time transfer (‘transfer’ includes making available remotely)
personal data to countries outside of the EEA. 24.2. The transfer of personal data to a country outside of the
EEA shall take place only if one or more of the following applies: 24.2.1. The transfer is to a country,
territory, or one or more specific sectors in that country (or an international organisation), that the European
Commission has determined ensures an adequate level of protection for personal data; 24.2.2. The transfer is to
a country (or international organisation) which provides appropriate safeguards in the form of a legally binding
agreement between public authorities or bodies; binding corporate rules; standard data protection clauses
adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory
authority (e.g. the Information Commissioner’s Office); 24.2.3. certification under an approved
certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the
competent supervisory authority; or provisions inserted into administrative arrangements between public
authorities or bodies authorised by the competent supervisory authority; 24.2.4. The transfer is made with the
informed consent of the relevant data subject(s); 24.2.5. The transfer is necessary for the performance of a
contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data
subject); 24.2.6. The transfer is necessary for important public interest reasons; 24.2.7. The transfer is
necessary for the conduct of legal claims; 24.2.8. The transfer is necessary to protect the vital interests of
the data subject or other individuals where the data subject is physically or legally unable to give their
consent; or 24.2.9. The transfer is made from a register that, under UK or EU law, is intended to provide
information to the public and which is open for access by the public in general or otherwise to those who are
able to show a legitimate interest in accessing the register.
25. Data Breach Notification 25.1.
All personal data breaches must be reported immediately to [email protected]; 25.2. If a personal
data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects
(e.g. financial loss, breach of confidentiality,
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discrimination, reputational damage, or other significant social or economic damage), the Company must
ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any
event, within 72 hours after having become aware of it. 25.3. In the event that a personal data breach is likely
to result in a high risk (that is, a higher risk than that described under Part 22.2) to the rights and freedoms
of data subjects, the Company must ensure that all affected data subjects are informed of the breach directly
and without undue delay. 25.4. Data breach notifications shall include the following information: 25.4.1. The
categories and approximate number of data subjects concerned; 25.4.2. The categories and approximate number of
personal data records concerned; 25.4.3. The name and contact details of the Company’s data protection
officer (or other contact point where more information can be obtained); 25.4.4. The likely consequences of the
breach; 25.4.5. Details of the measures taken, or proposed to be taken, by the Company to address the breach
including, where appropriate, measures to mitigate its possible adverse effects.
Implementation of
Policy This Policy shall be deemed effective as of 25.05.2018. No part of this Policy shall have retroactive
effect and shall thus apply only to matters occurring on or after this date.
This Policy has been
approved and authorised by: Name: David Barrow
Position: CFO
Date: 25.05.2018
Due for Review
by: 25.05.2019
