Wyevale Nurseries Ltd Data Protection Policy
Approved by the board on: 3rd October 2019
Next review date: 4th October 2020
Data Protection Registration Number (ico.Z5246373):
Wyevale Nurseries Ltd needs to gather and use certain information about individuals.
These can include customers, suppliers, business contacts, employees and other people the business has a relationship with or may need to contact.
This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards – and to comply with the law.
Why this policy exists
This data protection policy ensures Wyevale Nurseries Ltd:
• Complies with data protection law and follows good practice
• Protects the rights of staff, customers and partners
• Is open about how it stores and processes individuals’ data
• Protects itself from the risks of a data breach
Data protection law
The Data Protection Act 2018 and the General Data Protection Act Regulation describes how organisations must collect, handle and store personal information.
These rules apply regardless of whether data is stored electronically, on paper or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
Wyevale Nurseries Ltd ensures that personal information is:
1. processed fairly and lawfully
2. obtained only for specified, lawful purposes
3. adequate, relevant and not excessive
4. accurate and kept up to date
5. not to be held for any longer than necessary
6. processed in accordance with the rights of data subjects
7. protected in appropriate ways
8. not to be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection.
People, risks and responsibilities Policy scope
This policy applies to:
• The head office of Wyevale Nurseries Ltd
• All the divisions of Wyevale Nurseries Ltd
• All staff and volunteers of Wyevale Nurseries Ltd
• All contractors, suppliers and other people working on behalf of Wyevale Nurseries Ltd
It applies to all data that the company holds relating to identifiable individuals. This can include:
• Names of individuals
• Postal addresses
• Email addresses
• Telephone numbers
• ...plus any other information relating to individuals
Data protection risks
This policy helps to protect Wyevale Nurseries Ltd from some very real data security risks, including:
• Breaches of confidentiality.
For instance, information being given out inappropriately.
• Failing to offer choice.
For instance, all individuals should be free to choose how the company uses data relating to them.
• Reputational damage.
For instance, the company could suffer if hackers successfully gained access to sensitive data.
Everyone who works for or with Wyevale Nurseries Ltd has responsibility for ensuring that data is collected, stored and handled appropriately.
Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles. However, these people have key areas of responsibility:
• The board of directors is ultimately responsible for ensuring that Wyevale Nurseries Ltd meets its legal obligations.
• The Data Protection Officer, Heather Williamson, is responsible for:
• Keeping the board updated about data protection responsibilities, risks and issues.
• Arranging data protection training and advice for the people covered by this policy.
• Handling data protection questions from staff and anyone else covered by this policy.
• Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
Setting up a robust breach detection, investigation and internal reporting procedure to facilitate decisions about whether to notify the ICO and affected individuals
• The IT Manager, James Mattock, is responsible for:
• Ensuring all systems, services and equipment used for storing data meet acceptable security standards.
• Performing regular checks and scans to ensure security hardware and software is functioning properly.
• Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services.
• The Commercial Sales Director, Ian Wright is responsible for:
• Approving any data protection statements attached to communications such as emails and letters.
• Addressing any data protection queries from other staff to ensure marketing initiatives abide by data protection principles.
• Evaluating any third-party services the sales department is considering using to store or process data. For instance, cloud computing services.
The only people able to access data covered by this policy should be those who need it for their work.
Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.
Wyevale Nurseries Ltd will provide training to all employees who handle data to help them understand their responsibilities when handling data.
Employees should keep all data secure, by taking sensible precautions and following the data protection policy.
In particular, strong passwords must be used and they should never be shared.
Personal data should not be disclosed to unauthorised people, either within the company or externally.
Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
Employees should request help from their line manager or the Data Protection Officer if they are unsure about any aspect of data protection.
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or Data Protection Officer.
When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
When not required, the paper or files should be kept in a locked drawer or filing cabinet.
Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer or desk.
Data printouts should be shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts.
Data should be protected by strong passwords that are changed regularly and never shared between employees.
If data is stored on removable media (like a CD or DVD), these should only be uploaded to an approved cloud computing services.
Servers containing personal data should be sited in a secure location, away from general office space.
Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
All servers and computers containing data should be protected by approved security software and a firewall.
Personal data is of no value to Wyevale Nurseries Ltd unless the business can make use of it. However, it is when personal data is accessed and
used that it can be at the greatest risk of loss, corruption or theft:
• When working with personal data employees should ensure the screens of their computers are always locked when left unattended.
• Personal data should not be shared informally. If it is to be sent by email you should carefully consider if this form of communication is necessary and depending on how sensitive the data is take steps to ensure it is password protected and or encrypted.
• Data must be encrypted before being transferred electronically to external contacts unless authorized by the MD. James Mattock, can explain how to send data to authorised external contacts.
• Employees should not save copies of personal data to their home computers or any other non company device.
You should always access and update the central copy of any data.
The law requires Wyevale Nurseries Ltd to take reasonable steps to ensure data is kept accurate and up to date.
The more important it is that the personal data is accurate, the greater the effort Wyevale Nurseries Ltd should put into ensuring its accuracy.
It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
• Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
• Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
• Data should be updated as soon as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database. Wyevale Nurseries Ltd will also ensure that any inaccuracies on the company website are updated as soon as we are made aware of them.
Subject access requests
All individuals who are the subject of personal data held by Wyevale Nurseries are entitled to:
• Ask what information the company holds about them and why.
• Ask how to gain access to it.
• Be informed how to keep it up to date.
If an individual contacts the company requesting this information, this is called a subject access request.
Subject access requests from individuals should ideally be made by email, addressed to their line Manager. The Line Manager can supply a standard request form, although individuals do not have to use this.
The Line Manager will aim to provide the relevant data within 7 working days. The Line Manager will always verify the identity of anyone making a subject access request before handing over any information.
Disclosing data for other reasons
In certain circumstances, the Data Protection Act and GDPR allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, Wyevale Nurseries Ltd will disclose requested data. However, Wyevale Nurseries Ltd will ensure the request is legitimate, seeking assistance from the board and from legal advisers where necessary.
Wyevale Nurseries aims to ensure that individuals are aware that their data is being processed, and that they understand:
• How the data is being used
• How to exercise their rights
To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.
Personal Data breaches
The GDPR introduces a duty on Wyevale Nurseries Ltd to report certain types of personal data breaches to the ICO within 72 hours of becoming aware of the breach, where feasible.
All staff will be trained to recognize a personal data breach and should report the breach to their line manger as soon as they become aware of the breach. Line managers will then report the breach to the DPO for full investigation.