Privacy Policy – Kevin Green Wealth
KGW Privacy Policy printed 24/05/2018
- Policy statement
- Kevin Green of Kevin Green Wealth, located at 14 Sandfield Road Llanelli SA16 0LL is committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information Kevin Green Wealth collects and processes in accordance with the General Data Protection Regulation (GDPR).
- Compliance with the GDPR is described by this policy and other relevant policies, along with connected processes and procedures.
- The GDPR and this policy apply to all of Kevin Green Wealth’s personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organisation processes from any source.
- Kevin Green Wealth has established objectives for data protection and privacy, which are in the GDPR Objectives Record – available upon request
- Data Protection Officer/GDPR Owner is responsible for reviewing the register of processing annually in the light of any changes to Kevin Green Wealth’s activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register needs to be available on the supervisory authority’s request.
- This policy applies to all Employees/Staff of Kevin Green Wealth such as outsourced suppliers. Any breach of the GDPR will be dealt with under Kevin Green Wealth’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.
- Partners and any third parties working with or for Kevin Green Wealth, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by Kevin Green Wealth without having first entered into a data confidentiality agreement, which imposes on the third-party obligations no less onerous than those to which Kevin Green Wealth is committed, and which gives Kevin Green Wealth the right to audit compliance with the agreement.
- Responsibilities and roles under the General Data Protection Regulation
- Kevin Green Wealth is a data controller and/or data processor under the GDPR.
- Top Management and all those in managerial or supervisory roles throughout Kevin Green Wealth are responsible for developing and encouraging good information handling practices within Kevin Green Wealth; responsibilities are set out in individual job descriptions.
- Data Protection Officer/GDPR Owner (Data Protection Officer (DPO) and Data Protection Responsibilities), a role specified in the GDPR, is accountable to Kevin Green of Kevin Green Wealth for the management of personal data within Kevin Green Wealth and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
- development and implementation of the GDPR as required by this policy; and
- security and risk management in relation to compliance with the policy.
- Data Protection Officer, who Kevin Green considers to be suitably qualified and experienced, has been appointed to take responsibility for Kevin Green Wealth’s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that Kevin Green Wealth complies with the GDPR, in respect of data processing that takes place within their area of responsibility.
- The Data Protection Officer/GDPR Owner have specific responsibilities in respect of procedures such as the Subject Access Request Procedure and are the first point of call for Employees/Staff seeking clarification on any aspect of data protection compliance.
- Compliance with data protection legislation is the responsibility of all Employees/Staff of Kevin Green Wealth who process personal data.
- Kevin Green Wealth’s Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of Kevin Green Wealth
- Employees/Staff of Kevin Green Wealth are responsible for ensuring that any personal data about them and supplied by them to Kevin Green Wealth is accurate and up-to-date.
- Data protection principles
All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. Kevin Green Wealth’s policies and procedures are designed to ensure compliance with the principles.
- Personal data must be processed lawfully, fairly and transparently
- Kevin Green Wealth’s Privacy Notice Procedure is set out in the privacy notice contained HERE.
- Personal data can only be collected for specific, explicit and legitimate purposes
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of Kevin Green Wealth’s GDPR register of processing.
- Personal data must be adequate, relevant and limited to what is necessary for processing
- The Data Protection Officer/GDPR Owner is responsible for ensuring that Kevin Green Wealth does not collect information that is not strictly necessary for the purpose for which it is obtained
- All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be include a fair processing statement or link to privacy statement and approved by the Data Protection Officer / GDPR Owner.
- The Data Protection Officer / GDPR Owner will ensure that, on an annual basis all data collection methods are reviewed by internal audit/external experts to ensure that collected data continues to be adequate, relevant and not excessive.
- Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
- Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
- The Data Protection Officer is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.
- It is also the responsibility of the data subject to ensure that data held by Kevin Green Wealth is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.
- Employees/Staff/customers/others are required to notify Kevin Green Wealth of any changes in circumstance to enable personal records to be updated accordingly. Instructions for updating records are contained within the organisational handbook. It is the responsibility of Kevin Green Wealth to ensure that any notification regarding change of circumstances is recorded and acted upon.
- The Data Protection Officer / GDPR Owner is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
- On at least an annual basis, the Data Protection Officer / GDPR Owner will review the retention dates of all the personal data processed by Kevin Green Wealth, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose. This data will be securely deleted/destroyed.
- The Data Protection Officer / GDPR Owner is responsible for responding to requests for rectification from data subjects within one month. This can be extended to a further two months for complex requests. If Kevin Green Wealth decides not to comply with the request, the Data Protection Officer / GDPR Owner must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
- The Data Protection Officer / GDPR Owner is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
- Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
- Where personal data is retained beyond the processing date, it will be minimised to protect the identity of the data subject in the event of a data breach.
- Personal data will be retained in line with the Retention of Records Procedure and, once its retention date is passed, it must be securely destroyed as set out in this procedure.
- The Data Protection Officer / GDPR Owner must specifically approve any data retention that exceeds the retention periods defined in Retention of Records Procedure, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.
- Personal data must be processed in a manner that ensures the appropriate security
The Data Protection Officer / GDPR Owner will carry out a risk assessment considering all the circumstances of Kevin Green Wealth’s controlling or processing operations.
- The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)
Kevin Green Wealth will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.
- Data subjects’ rights
- Data subjects have the following rights regarding data processing, and the data that is recorded about them:
- To make subject access requests regarding the nature of information held and to whom it has been disclosed.
- To prevent processing likely to cause damage or distress.
- To prevent processing for purposes of direct marketing.
- To be informed about the mechanics of automated decision-taking process that will significantly affect them.
- To not have significant decisions that will affect them taken solely by automated process.
- To sue for compensation if they suffer damage by any contravention of the GDPR.
- To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.
- To request the supervisory authority to assess whether any provision of the GDPR has been contravened.
- To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
- To object to any automated profiling that is occurring without consent.
- Kevin Green Wealth ensures that data subjects may exercise these rights:
- Data subjects may make data access requests as described in Subject Access Request Procedure; this procedure also describes how Kevin Green Wealth will ensure that its response to the data access request complies with the requirements of the GDPR.
- Data subjects have the right to complain to Kevin Green Wealth related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled in line with the Complaints Procedure.
- Consent
- Kevin Green Wealth understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
- Kevin Green Wealth understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
- There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation.
- For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.
- In most instances, consent to process personal and sensitive data is obtained routinely by Kevin Green Wealth using standard consent documents.
- Where Kevin Green Wealth provides online services to children, parental or custodial authorisation must be obtained. This requirement applies to children under the age of 16 (unless provision has been made for a lower age limit, which may be no lower than 13).
- Security of data
- All Employees/Staff are responsible for ensuring that any personal data that Kevin Green Wealth holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by Kevin Green Wealth to receive that information and has entered into a confidentiality agreement.
- All personal data should be accessible only to those who need to use it, and access may only be granted in line with the company policy. All personal data should be treated with the highest security and must be kept:
- in a lockable room with controlled access; and/or
- in a locked drawer or filing cabinet; and/or
- if computerised, password protected in line with company policies and/or
- stored on (removable) computer media which are encrypted
- Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees/Staff of Kevin Green Wealth. All Employees/Staff are required to enter into an Acceptable Use Agreement before they are given access to organisational information of any sort, which details rules on screen time-outs.
- Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving.
- Personal data may only be deleted or disposed of in line with the Retention of Records Procedure. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed
- Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site.
- Disclosure of data
- Kevin Green Wealth must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of Kevin Green Wealth’s business.
- All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer / GDPR Owner.
- Retention and disposal of data
- Kevin Green Wealth shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
- Kevin Green Wealth may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
- The retention period for each category of personal data will be set out in the Retention of Records Procedure along with the criteria used to determine this period including any statutory obligations Kevin Green Wealth has to retain the data.
- Kevin Green Wealth’s data retention and data disposal procedures will apply in all cases.
Personal data must be disposed of securely in accordance with the sixth principle of the GDPR. Any disposal of data will be done in accordance with the secure disposal procedure
- Data transfers
- All exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”.
The transfer of personal data outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:
- An adequacy decision
The European Commission can and does assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances no authorisation is required.
Countries that are members of the European Economic Area (EEA) but not of the EU are accepted as having met the conditions for an adequacy decision.
A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union. https://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm
- Privacy Shield
If Kevin Green Wealth wishes to transfer personal data from the EU to an organisation in the United States it should check that the organisation is signed up with the Privacy Shield framework at the U.S. Department of Commerce. The obligation applying to companies under the Privacy Shield are contained in the “Privacy Principles”. The US DOC is responsible for managing and administering the Privacy Shield and ensuring that companies live up to their commitments. In order to be able to certify, companies must have a privacy policy in line with the Privacy Principles e.g. use, store and further transfer the personal data according to a strong set of data protection rules and safeguards. The protection given to the personal data applies regardless of whether the personal data is related to an EU resident or not. Organisations must renew their “membership” to the Privacy Shield on an annual basis. If they do not, they can no longer receive and use personal data from the EU under that framework.
- Binding corporate rules
Kevin Green Wealth may adopt approved binding corporate rules for the transfer of data outside the EU. This requires submission to the relevant supervisory authority for approval of the rules that Kevin Green Wealth is seeking to rely upon.
- Model contract clauses
Kevin Green Wealth may adopt approved model contract clauses for the transfer of data outside of the EEA. If Kevin Green Wealth adopts the model contract clauses approved by the relevant supervisory authority there is an automatic recognition of adequacy.
- Exceptions
In the absence of an adequacy decision, Privacy Shield membership, binding corporate rules and/or model contract clauses, a transfer of personal data to a third country or international organisation shall only take place on one of the following conditions:
- the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
- the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request;
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
- the transfer is necessary for important reasons of public interest;
- the transfer is necessary for the establishment, exercise or defence of legal claims; and/or
- the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.
- Information asset register/data inventory
- Kevin Green Wealth has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project.
- Kevin Green Wealth is aware of any risks associated with the processing of particular types of personal data.
- Kevin Green Wealth assesses the level of risk to individuals associated with the processing of their personal data. Data protection impact assessments are carried out in relation to the processing of personal data by Kevin Green Wealth, and in relation to processing undertaken by other organisations on behalf of Kevin Green Wealth.
- Kevin Green Wealth shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
- Where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, Kevin Green Wealth shall, prior to the processing, carry out a DPIA of the impact of the envisaged processing operations on the protection of personal data. A single DPIA may address a set of similar processing operations that present similar high risks.
- Where, as a result of a DPIA it is clear that Kevin Green Wealth is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether or not Kevin Green Wealth may proceed must be escalated for review to the Data Protection Officer/GDPR Owner.
- The Data Protection Officer / GDPR Owner shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority.
- Appropriate controls will be selected as appropriate] and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to Kevin Green Wealth’s documented risk acceptance criteria and the requirements of the GDPR.
Document Owner and Approval
The Data Protection Officer / GDPR Owner is the owner of this document and is responsible for ensuring that this policy document is reviewed in line with the review requirements stated above.
This policy was approved Kevin Green on 12th Jan 2019 and is issued on a version controlled basis under the signature of the Owner.
