Data Protection

Introduction

This Data Protection Policy sets out how Litchfields (“we”, “our”, “us”, “the Company”) handle the Personal Data of our customers, suppliers, employees, workers and other third parties.

This Data Protection Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.

This Data Protection Policy applies to all Company Personnel (“you”, “your”). You must read, understand and comply with this Data Protection Policy when Processing Personal Data on our behalf and attend training on its requirements. This Data Protection Policy sets out what we expect from you for the Company to comply with applicable law. Your compliance with this Data Protection Policy is mandatory. Related Policies and Privacy Guidelines are available to help you interpret and act in accordance with this Data Protection Policy. You must also comply with all such Related Policies and Privacy Guidelines. Any breach of this Data Protection Policy may result in disciplinary action.

Scope

We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times.

The DPO is responsible for overseeing this Data Protection Policy and, as applicable, developing Related Policies and Privacy Guidelines. That post is held by Raj Shah, 0207 729 7290, raj@litchfields.co.uk

Please contact the DPO with any questions about the operation of this Data Protection Policy or the UK GDPR or if you have any concerns that this Data Protection Policy is not being or has not been followed.

Personal data protection principles

We adhere to the principles relating to Processing of Personal Data set out in the UK GDPR which require Personal Data to be:

  • Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency);
  • collected only for specified, explicit and legitimate purposes (Purpose Limitation);
  • adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation);
  • accurate and where necessary kept up to date (Accuracy);
  • not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation);
  • Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality);
  • not transferred to another country without appropriate safeguards being in place (Transfer Limitation); and
  • made available to Data Subjects and allow Data Subjects to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).

Lawfulness and fairness

Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.

We will only collect, Process and share Personal Data fairly and lawfully and for specified purposes. The UK GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.

The UK GDPR allows Processing for specific purposes, some of which are set out below:

  • the Data Subject has given his or her Consent;
  • the Processing is necessary for the performance of a contract with the Data Subject;
  • to meet our legal compliance obligations;
  • to protect the Data Subject’s vital interests;
  • to pursue our legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set out in applicable Privacy Notices; or

Consent

A Controller must only process Personal Data on the basis of one or more of the lawful bases set out in the UK GDPR, which include Consent.

A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing.

Data Subjects can withdraw Consent to Processing at any time. Consent may need to be refreshed if we intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.

When processing Special Category Data or Criminal Convictions Data, we will usually rely on a legal basis for processing other than Explicit Consent or Consent if possible. Where Explicit Consent is relied on, you must issue a Privacy Notice to the Data Subject to capture Explicit Consent.

Transparency (notifying Data Subjects)

The UK GDPR requires Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. The information must be provided through appropriate Privacy Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.

Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we must provide the Data Subject with all the information required by the UK GDPR including the identity of the Controller and DPO, how and why we will use, Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.

When Personal Data is collected indirectly (for example, from a third party or publicly available source), we must provide the Data Subject with all the information required by the UK GDPR as soon as possible after collecting or receiving the data. We must also check that the Personal Data was collected by the third party in accordance with the UK GDPR and on a basis which contemplates our proposed Processing of that Personal Data.

Purpose limitation

Personal Data will be collected only for specified, explicit and legitimate purposes. It will not be further Processed in any manner incompatible with those purposes unless we have informed the Data Subject of the new purposes and they have Consented where necessary.

Data minimisation

Personal Data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed and will not be processed for any reason unrelated to our job duties.

Accuracy

Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

You will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

Storage limitation

Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.

Litchfields will maintain retention policies and procedures to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires that data to be kept for a minimum time.

We will not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purpose or purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements. We will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with all the Company’s applicable records retention schedules and policies. This includes requiring third parties to delete that data where applicable.

Protecting Personal Data

Personal Data shall be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.

We will develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data.

Litchfields maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:

  • Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it;
  • Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed; and
  • Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.

Reporting a Personal Data Breach

The UK GDPR requires Controllers to notify any Personal Data Breach to the Information Commissioner and, in certain instances, the Data Subject.

We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so.

If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the person or team designated as the key point of contact for Personal Data Breaches (the DPO). You should preserve all evidence relating to the potential Personal Data Breach.

Transfer limitation

The UK GDPR restricts data transfers to countries outside the UK to ensure that the level of data protection afforded to individuals by the UK GDPR is not undermined. Litchfields may only transfer Personal Data outside the UK if one of the following conditions applies:

  • the UK has issued regulations confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subject’s rights and freedoms;
  • appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved for use in the UK, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the DPO;
  • the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
  • the transfer is necessary for one of the other reasons set out in the UK GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.

Data Subject’s rights and requests

Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:

  • withdraw Consent to Processing at any time;
  • receive certain information about the Controller’s Processing activities;
  • request access to their Personal Data that we hold;
  • prevent our use of their Personal Data for direct marketing purposes;
  • ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
  • restrict Processing in specific circumstances;
  • challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
  • prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
  • be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
  • make a complaint to the supervisory authority;
  • in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine-readable format; and

Accountability

Controllers must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

The Company must have adequate resources and controls in place to ensure and to document UK GDPR compliance including:

  • appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
  • implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
  • integrating data protection into internal documents including this Data Protection Policy, Related Policies, Privacy Guidelines or Privacy Notices;
  • training Company Personnel on the UK GDPR, this Data Protection Policy, Related Policies and Privacy Guidelines and data protection matters; and
  • regularly conducting periodic reviews to assess compliance.

Record keeping

The UK GDPR requires us to keep full and accurate records of all our data Processing activities.

These records include the name and contact details of the Controller and the DPO, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations and Personal Data transfers.

Direct marketing

We are subject to certain rules and privacy laws when marketing to our customers.

For example, a Data Subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing customers known as “soft opt-in” allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.

The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.

A Data Subject’s objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.

 You must comply with Litchfield’s guidelines on direct marketing to customers.

Sharing Personal Data

Generally we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.

You may only share the Personal Data we hold with another employee, agent or representative if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.

You may only share the Personal Data we hold with third parties, such as our service providers, if:

  • they have a need to know the information for the purposes of providing the contracted services;
  • sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;
  • the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
  • the transfer complies with any applicable cross-border transfer restrictions; and
  • a fully executed written contract that contains UK GDPR-approved third party clauses has been obtained.

You must comply with the Litchfields’s guidelines on sharing data with third parties.

Changes to this Data Protection Policy

We keep this Data Protection Policy under regular review. This version was last updated on 30 March 2021.

This Data Protection Policy does not override any applicable national data privacy laws and regulations in countries where Litchfields operates.

Definitions:

Company Personnel: all employees, workers, [contractors, agency workers, consultants,] directors, members and others.

  • Controller: the person or organisation that determines when, why and how to process Personal Data. We are the Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.
  • Data Subject: a living, identified or identifiable individual about whom we hold Personal Data.
  • Data Privacy Impact Assessment (DPIA): assessments used to identify and reduce risks of a data processing activity.
  • Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the UK GDPR.
  • Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
  • Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access.
  • Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it.
  • Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the UK GDPR.