Data Protection Policy
 

DATA PROTECTION POLICY

M LEGGATE AND SONS (PRODUCE) LTD DATA PROTECTION POLICY

M Leggate and Sons (Produce) Ltd - Data Protection Policy

Introduction

M LEGGATE AND SONS (PRODUCE) LTD LTD takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.

This policy applies to data processed regarding current and former employees, visitors and business partners.  If you fall into one of these categories, then you are a ‘data subject’ for the purposes of this policy.

You should read this policy alongside your contract of employment or contract for services and any other notice we issue to you from time to time in relation to your data.

The Company has registered with the ICO and its registration number is ????

The Company has measures in place to protect the security of your data in accordance with our Data Security Policy. A copy of this can be obtained from Richard Leggate – Director, M Leggate and Sons (Produce) Ltd Ltd, Main Road, Wrangle, Boston, Lincs, PE22 9AA.

The company will hold data in accordance with our Data Retention Policy. A copy of this can be obtained from Richard Leggate, Director, M Leggate and Sons (Produce) Ltd, Main Road, Wrangle, Boston, Lincs, PE22 9AA. We will only hold data for as long as necessary for the purposes for which we collected it.

The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.

This policy explains how the Company will hold and process your information.  It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Company.

The Company will only process personal data where it has a legal basis for doing so.

The Company’s Privacy Notice is available on our website, www.leggates.co.uk, provided to employees in the induction pack, business partners and visitors.

The Company will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date.

Before transferring information to a third party (e.g. past, current or prospective employers, suppliers, customers, intermediaries or any other third party), the Company will establish that it has a legal basis for making the transfer.

This policy does not form part of your contract of employment or contract for services if relevant and can be amended by the Company at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Company intends to comply with the 2018 Act and the GDPR.


Data Protection Principles

Personal data must be processed in accordance with our ‘Data Protection Principles.’ It must:

Be processed fairly, lawfully and transparently;

Be collected and processed only for specified, explicit and legitimate purposes;

Be adequate, relevant and limited to what is necessary for the purposes for which it is processed;

Be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;

Not be kept for longer than is necessary for the purposes for which it is processed;

Be processed in accordance with the rights of data subjects;

Not be transferred to another country without appropriate safeguards being in place; and

Be processed securely.


How we define personal data

Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

This policy applies to all personal data whether it is stored electronically, on paper or on other materials.

This personal data might be provided to us by you, or someone else (such as a former employer, or your doctor), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment or contract for services or after its termination. It could be created by your manager or other colleagues.

We will collect and use the following types of personal data about you:


How we define special categories of personal data

Special categories of personal data’ are types of personal data consisting of information as to:

We may hold and use any of these special categories of your personal data in accordance with the law.


How we define processing

‘Processing’ means any operation which is performed on personal data such as:

This includes processing personal data which forms part of a filing system and any automated processing.


How will we process your personal data?

The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

We will use your personal data for:

We can process your personal data for these purposes without specifically informing you or obtaining your consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

If you choose not to provide us with certain personal data, you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC.


Privacy by design and default

We are required to demonstrate that privacy considerations are embedded into all our processes and procedures. We complete documented date protection impact assesments on our processes and procedures to ensure we are compliant with the principles of GDPR. This is completed each time a policy or procedure is changed.

The types of measures that we have implemented includes:

Examples of when we might process your personal data

We have to process your personal data in various situations during your recruitment, employment or engagement and even following termination of your employment or engagement.  For example:

We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data, then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting Richard Leggate ,Director, M Leggate and Sons (Produce) Ltd, Main Road, Wrangle, Boston, Lincolnshire, PE22 9AA.

We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:

We might process special categories of your personal data for the purposes detailed above which have an asterisk beside them. In particular, we will use information in relation to:

We do not take automated decisions about you, using your personal data or use profiling in relation to you, except where the automated/profiling decision:

Sharing your personal data

Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests.

We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.

How should you process personal data for the Company?

Everyone who works for, or on behalf of, the Company has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and the Company’s Data Security and Data Retention policies.

The Company’s Director Richard Leggate is responsible for reviewing this policy and updating the Company management on the Company’s data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to M Leggate and Sons (Produce) Ltd, Main Road, Wrangle, Boston, Lincs, PE22 9AA.

The following details the key rules and good practice that apply to everyone in the Company that processes personal data and you may be subject to monitoring, inspection and risk assessment to ensure that these are being applied.


How to deal with data breaches

We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals, then we must also notify the Information Commissioner’s Office within 72 hours.

Where a breach is likely to result in a high risk to the rights and freedoms of individuals, then we will also take appropriate steps to inform those individuals without undue delay.

If you are aware of a data breach you must contact Richard Leggate, Director, M Leggate and Sons (Produce) Ltd Main Road, Wrangle, Boston, Lincs, PE22 9AA immediately and keep any evidence, you have in relation to the breach.

Subject access requests

Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request, you should forward it immediately to the Data Protection Officer/Data Protection Manager who will coordinate a response.

If you would like to make a SAR in relation to your own personal data, you should make this in writing to Richard Leggate, M Leggate and Sons (Produce) Ltd, Main Road, Wrangle, Boston, Lincs, PE22 9AA. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.

There is a fee of £10 per request for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.

Data subjects’ rights

You have the right to:

Further information on your rights, our obligations, exceptions to the above, and a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk).




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M Leggate and Sons (Produce) Ltd