Personal Touch Care Services Limited (the “Company”)
DATA PROTECTION POLICY
In this policy the following words shall have the meaning set out below.
Automated Processing: means any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements and Automated Processing includes Profiling
Company Personnel: means all employees, workers, contractors, consultants, directors, board members and others.
Consent: means an agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.
Client: means a client or customer (past, present, and future) of the Company.
Data Controller: means the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the Law. The Company is the Data Controller of all Personal Data relating to its Company Personnel and Personal Data used in its business for its own commercial purposes.
Data Subject: means a living, identified or identifiable individual about whom the Company holds Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.
Data Privacy Impact Assessment (DPIA): means tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.
Data Protection Officer / Compliance Officer: the Company’s manager with responsibility for data protection compliance.
Law: means the Data Protection (Jersey) Law 2018.
Personal Data: means any information identifying a Data Subject or information relating to a Data Subject that the Company can identify (directly or indirectly) from that data alone or in combination with other identifiers the Company possess or can reasonably access. Personal Data includes Special Category Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
Personal Data Breach: means any act or omission that compromises the security,
confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that the Company or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.
Processing or Process or Processed: means any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Profiling: means the analysis of a person’s characteristics (such as race, gender or age), past behaviour or known traits in order to categorise them or to assess or predict their capabilities, interests or future behaviour.
Pseudonymisation or Pseudonymised: means replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.
Special Categories of Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.
The Company needs to gather and use certain information about individuals and commits to doing to in full compliance with the Law. During the course of the activities the Company carries out, it will collect, store and Process Personal Data about individuals that it may come in contact with, such as:
its Clients (including both potential and actual);
its suppliers, (including client advisors or trustees);
third party professionals; and
other third parties that it communicate with, deals with or has a working relationship with.
This policy describes how this Personal Data is collected, handled and stored to meet the Company’s data protection standards — and to comply with the Law.
The Data Protection (Jersey) Law 2018- requires (amongst other things) that where the Company collects Personal Data it does so lawfully, fairly and transparently and that it is collected for specified,
explicit and legitimate purposes. The Company will take good care of the data (e.g. by ensuring the data is accurate and where necessary, kept up-to-date and will provide Data Subjects with a copy of the data relating to them at their request.
This data protection policy ensures that the Company:
complies with the Law and follows good practice;
protects the rights of individuals and their data;
is open about how it stores and Processes individuals’ data;
documents all compliance requirements; and
protects itself from the risks of a Personal Data Breach.
This Data Protection Policy applies to all Personal Data the Company may Process regardless of the media on which that data is stored (whether on paper or electronically on a computer or other device) or whether it relates to past or present employees, workers, customers, clients, other carers or supplier contacts, shareholders, website users or any other Data Subject. The Company recognises 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 all Company Personnel must take seriously at all times.
This policy has been approved by the Registered Manager of the Company and all Directors and Managers are responsible for ensuring all Company Personnel comply with this Data Protection Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance.
The Data Protection Officer and Principles of Data Protection
The Company does not believe it has a requirement for a data protection officer (as defined in the Law) and therefore the Company appoints the Registered Manager as responsible for ensuring that the Processing of Personal Data complies with the data protection principles and should be the first point of contact for any queries or concerns regarding data protection.
The data protection principles require that personal data is:
processed lawfully, fairly and in a transparent manner in relation to the data (“lawfulness, fairness and transparency”);
collected for specified, explicit and legitimate purposes and, once collected, not further processed in a manner incompatible with those purposes (“purpose limitation”);
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimization”);
accurate and, where necessary, kept up to date. Reasonable steps are taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (“accuracy”);
kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed (“storage limitation”); and
processed in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures “integrity and confidentiality”).
Purposes of Data Processing
The Company will normally only Process Personal Data for the following four lawful grounds:
the performance of a contract to which the Data Subject is a party or the taking of steps at the request of the Data Subject with a view to entering into a contract;
to pursue its legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the Personal Data which overrides those legitimate interests;
to meet its legal requirements; or
consent including the Data Subject giving (where required) explicit consent to the Processing of Special Category Data.
Finally, the Company may also use personal information in the following situations, which are likely to be rare:
Public Interest: the processing is necessary for the Company to perform a task in the public interest or for the Company’s official functions, and the task or function has a clear basis in law.
Vital Interests: the processing is necessary to protect a Data Subject’s life.
The Law requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information will be provided through appropriate Privacy Notices which will be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
The Company will or has provided its Company Personnel with Privacy Notices when the Data Subject first provides the Personal Data.
Company Personnel should be aware that the Company also holds Personal Data concerning its Clients. Care should be taken by Company Personnel to ensure that they Process all Personal Data in accordance with the Law and do not disclose any Personal Data concerning Clients to third parties without appropriate authorisation which must be given by the Registered Manager.
Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes. This means that Company Personnel must not use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless Company Personnel have informed the Data Subject of the new purposes and Consent has been obtained, where necessary. The Registered Manager must also be informed so that accurate records are kept.
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed. Company Personnel may only Process Personal Data when performing their job duties required. Company Personnel cannot Process Personal Data for any reason unrelated to their job duties. Company Personnel may only collect Personal Data that they require for their job duties and not collect excessive data. They must also ensure any Personal Data collected is adequate and relevant for the intended purposes.
Company Personnel must ensure that when Personal Data is no longer needed for specified
purposes, then they must inform the Registered Manager who will either delete or anonymised the Personal Data in accordance with the Company’s data retention guidelines.
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate. Company Personnel must take reasonable steps to ensure that the Personal Data the Company use and hold is accurate, complete, kept up to date and relevant to the purpose for which it was collected. Company Personnel must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. Any discrepancy must be reported to the Registered Manager.
Care needs to be taken when Client Data is corrected, and any care giving Personal Data must not be deleted but crossed through and updated as required. With the exception of Client Data, Company Personnel must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data after speaking with the Registered Manager.
The Company will ensure Data Subjects are informed of the period for which data is stored and this can be found in the data retention guidelines found in the Employee Privacy Statement.
Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed. Company Personnel must 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 the Company originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.
The Company 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 an alternative law requires such data to be kept for a certain specific minimum time.
The Registered Manager will take all reasonable steps to destroy or erase from Company systems all Personal Data that is no longer required in accordance with the Company’s applicable retention policies. This includes requiring third parties to delete such data where applicable.
Integrity and Confidentiality
Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
The Company will develop, implement and maintain safeguards appropriate to its size, scope and business, its available resources, the amount of Personal Data that it may Process on its behalf or on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). The Company will regularly evaluate and test the effectiveness of those safeguards to ensure security of its Processing of Personal Data.
When assessing appropriate technical measures, the Company will consider the following:
automatic locking of idle terminals;
virus checking software and firewalls;
role-based access rights including those assigned to temporary staff;
encryption of devices that leave the Company’s premises such as laptops;
password protection of Company Personnel’s personal devices;
security of network; and
privacy enhancing technologies such as pseudonymisation and anonymisation.
When assessing appropriate organisational measures the Company will consider the following:
the appropriate training levels throughout the Company;
the reliability of Company Personnel (such as references etc.);
the inclusion of data protection in employment contracts;
identification of disciplinary action measures for data breaches;
monitoring of staff for compliance with relevant security standards;
training staff in data protection principles;
physical access controls to electronic and paper based records;
adoption of a clear desk policy;
storing of paper based data in lockable cabinets;
restricting the use of portable electronic devices outside of the workplace;
restricting the use of employee’s own personal devices being used in the workplace;
adopting clear rules about passwords; and
making regular backups of Personal Data and storing the media off-site.
These controls have been selected on the basis of identified risks to Personal Data, and the potential for damage or distress to Data Subjects whose Personal Data is being Processed.
Company Personnel are responsible for protecting the Personal Data the Company holds. Company Personnel must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. Company Personnel must exercise particular care in protecting Special Category Data from loss and unauthorised access, use or disclosure.
Company Personnel must follow all procedures and technologies the Company puts in place to maintain the security of all Personal Data from the point of collection to the point of destruction. Company Personnel may only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.
Any request for information by a third party about Client Personal Data should be referred to the Registered Manager.
Recipients of Personal Data
The Company may pass Personal Data concerning its Company Personnel to other entities within the Company wherever operating for the pursuance of the Company’s legitimate business purposes. In addition, certain Personal Data of Company Personnel such as details of names, professional qualifications, work experience, and business addresses, may also be provided to Clients and others for marketing and business development purposes.
Client’s Personal Data is normally held in a Client’s premise, and certain Personal Data may be stored on the Company’s CarePlanLive App, to assist care giving. Further details are available from the Registered Manager.
Third Party Providers
Personal Data of Company Personnel may also be accessed by contracted third party providers:
in order to fulfil the requirements of payroll processing and HR administration recording the Company uses a hosted payroll provider and CareplanLive Apps;
in order to fulfil the Company’s requirements to keep statutory records, the Company has appointed an accountancy firm to create its financial statements; and,
In order to fulfil the Company’s requirements under Safeguarding and Jersey Care Commission Standards, Personal Data may need to be provided to regulatory bodies.
Each third party provider has assured the Company that any Personal Data is secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
Transfer of Personal Data to a Third Country
The Company does not envisage that any Personal Data will be transferred to countries outside of Jersey, the United Kingdom or the European Economic Area.
The Company may use third party providers whose data storage is outside of these areas in which case, the Company ensures that either Standard Contractual Clauses adopted by the European Commission apply or any transfers are made to group companies under Binding Corporate Rules.
Retention of Personal Data
Data Subject Rights
Data Subjects have rights when it comes to how the Company handles their Personal Data. These include rights to:
make a right of access request regarding the nature of the Personal Data that the Company holds about them;
receive certain information about the Data Controller’s Processing activities;
ask the Company to take action to rectify, block, erase (including the right to be forgotten), or destroy Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed;
prevent the Company’s use of their Personal Data for direct marketing purposes;
withdraw Consent to Processing at any time;
restrict Processing in specific circumstances;
challenge Processing which has been justified on the basis of the Company’s legitimate interests or in the public interest;
object to decisions based solely on Automated Processing, including Profiling (ADM);
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; and
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.
Right of access requests
Company Personnel are entitled to apply to the Registered Manager to request information, in writing, regarding their Personal Data that is being Processed by the Company in relation to the following:
the purpose for which the data is being processed;
the categories of Personal Data concerned;
the recipients or classes of recipients to whom they are or may be disclosed;
where possible, the envisaged period for which the Personal Data will be stored for;
the existence of the right to request rectification or erasure of Personal Data or restriction of Personal Data concerning the Data Subject;
the right to lodge a complaint with the Information Commissioner as outlined within the Law;
where the Personal Data was not collected from the Data Subject, any information as to its source; and
meaningful information about the logic involved in any automated decision making process, along with the envisaged consequences of such Processing.
The Registered Manager will action the request within 4 weeks of the receipt of the request (this may be extended by a further 8 weeks where necessary) unless the request is considered to be manifestly vexatious, unfounded or excessive, in which case the Registered Manager may either charge a reasonable fee taking into account the administrative costs of providing the information or refuse to act on the request. The Company has created a pro forma for such a request. The information will be provided by electronic means where possible.
Right to rectification
Data subjects who dispute the accuracy or completeness of Personal Data may make a written request to the Registered Manager to rectify or change their Personal Data. The request must state the inaccuracy or explain why the Personal Data is incomplete. The Company has created a pro forma for such a request.
Right to erasure
The Registered Manager will erase Personal Data where:
the Personal Data is no longer necessary for the purpose for which it was collected; or
the Personal Data has to be erased for compliance with a legal obligation.
The Data will not be erased where the Processing of the Personal Data is necessary in line with legislation or other lawful condition as provided in the Law.
Right to data portability
Data subjects have the right to receive the Personal Data that they have provided the Data Controller in order to transmit to another data controller, where feasible.
Right to withdraw consent
Data subjects have the right to withdraw Consent to the Processing of their Personal Data providing there is no legitimate, legal or contractual reason for the Personal Data to be retained by the Data
Right of complaint to the Information Commissioner
The Company will encourage any complaint relating to the manner in which Personal Data has been Processed to be made to the Registered Manager to allow internal review and action. All individuals also have the right to complain to Jersey’s Information Commissioner (as defined within the Law) if they believe any of their Personal Data is being Processed outside of the requirements of the Law.
The Company will request consent to Process Personal Data where it does not have another lawful basis to rely upon such as contractual, legitimate purpose or to meet its legal obligations. For Special Category Data, the Company will normally be able to rely upon a legal reason to Process this type of Personal Data, however where the Company wants to gain medical history of Company Personnel it will continue to seek their explicit consent.
Data Subjects have the right to remove their consent. In these circumstances, unless the Company has a lawful basis under the Law to retain the Personal or Special Category Data, the Company will take all reasonable steps to destroy or delete the Personal Data.
Reporting a Personal Data Breach
The Law requires Data Controllers to notify certain Personal Data Breaches to the Information Commissioner and, in certain instances, to the Data Subject.
The Company has put in place procedures to deal with any suspected Personal Data Breaches and will notify Data Subjects and/or the Information Commissioner where it is legally required to do so.
If Company Personnel know or suspect that a Personal Data Breach has occurred, or been attempted, they must immediately contact the Registered Manager. There should not be any attempt to investigate the matter without being instructed to do so by the Registered Manager. They should also make reasonable effort to preserve all evidence relating to the potential or actual Personal Data Breach where appropriate.
The Company is subject to certain rules and privacy laws when marketing to its Clients. A Data Subject’s prior consent will commonly be sought for electronic direct marketing (for example, by email, text or automated calls). The limited exception for Clients known as “soft opt in” allows the Company to send marketing texts or emails if it has obtained contact details in the course of a sale to that Data Subject, if it is marketing similar products or services, and if it gives the Data Subject an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
The right to object to direct marketing will 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 will be promptly honoured. If a Client ‘opts out’ of direct marketing at any time, their details will be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
Sharing Personal Data
Generally, the Company will not share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
Company Personnel may only share the Personal Data that is held with another employee, agent or representative of the Company if the recipient has a job-related need to know basis for the information and the transfer complies with any applicable cross-border transfer restrictions.
Company Personnel may only share Personal Data the Company 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 (where required);
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 Law approved third party clauses has been obtained.
Changes to the Policy
The Company reserve the right to change this Data Protection Policy at any time without notice and this policy is non contractual