GDPR data protection policy

1. Introduction

WHJE Limited trading as Brandformula Limited, Lamb Creative Marketing & Consultancy Limited, Full Circle Corporate Communications Limited, Cloth Court Communications Limited, Walden Page Ballard Limited and Sonderseen Limited is committed to conducting its business in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct.

This policy details expected behaviours of WHJE’s Employees and Third Parties in relation to the collection, use, retention, transfer, disclosure and destruction of any Personal Data belonging to a WHJE’s Customers and Staff (i.e. the Data Subject) and irrespective of the media used to store the information.

Personal Data is any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person. Personal Data is subject to certain legal safeguards and other regulations, which impose restrictions on how organisations may process Personal Data.

An organisation that handles personal data and makes decisions about its use is known as a Data Controller. WHJE, as a Data Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy.

Non-compliance may expose WHJE to complaints, regulatory action, fines and/or reputational damage.

WHJE’s leadership is fully committed to ensuring continued and effective implementation of this policy and expects all WHJE Employees and Third Parties to share in this commitment.

Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.

2. Scope

2.1.  This policy applies to all WHJE Entities where a Data Subject’s personal data is processed:

• in the context of the business activities of the WHJE Entity

• for the provision or offer of goods or services to individuals (including those provided or offered free-of-charge) by WHJE

• to actively monitor the behaviour of individuals.

2.2.  Monitoring the behaviour of individuals includes using data processing techniques such as persistent web browser cookies or dynamic IP address tracking to profile an individual with a view to:

• taking a decision about them

• analysing or predicting their personal preferences, behaviours and attitudes.

2.3.  This policy applies to all processing of personal data in electronic form (including electronic mail and documents created with word processing software) or where it is held in manual files that are structured in a way that allows ready access to information about individuals.

2.4.  This policy has been designed to establish a baseline standard for the processing and protection of personal data by all WHJE Employees. Where national law imposes a requirement that is stricter than that imposed by this policy, the requirements in national law must be followed. Furthermore, where national law imposes a requirement that is not addressed in this policy, the relevant national law must be adhered to.

2.5.  The protection of personal data belonging to WHJE Employees is not within the scope of this policy.

2.6.  The DPO is responsible for overseeing this Privacy Standard and, as applicable, developing Related Policies and Privacy Guidelines. The DPO is within our company is Carl Eastop, Client Services Director, 0207 265 7880, ceastop@brandformula.co.uk.

2.7.  Please contact the DPO with any questions about the operation of this Privacy Standard or the GDPR, or if you have any concerns that this Privacy Standard is not being or has not been followed. In particular, you must always contact the DPO in the following circumstances: 

• if you are unsure of the lawful basis which you are relying on to process Personal Data (including the legitimate interests used by the Company)

• if you need to rely on Consent and/or need to capture Explicit Consent

• if you need to draft Privacy Notices or Fair Processing Notices

• if you are unsure about the retention period for the Personal Data being Processed

• if you are unsure about what security or other measures you need to implement to protect Personal Data

• if there has been a Personal Data Breach

• if you are unsure on what basis to transfer Personal Data outside the EEA

• if you need any assistance dealing with any rights invoked by a Data Subject

• whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA or plan to use Personal Data for purposes others than what it was collected for

• if you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making

• if you need help complying with applicable law when carrying out direct marketing activities; or

• if you need help with any contracts or other areas in relation to sharing Personal Data with Third Parties (including our vendors).

3. Definitions

4. Policy

4.1.  Governance

4.1.1.  Policy Dissemination and Enforcement

The management team of WHJE must ensure that all WHJE Employees responsible for the Processing of Personal Data are aware of and comply with the contents of this policy. In addition, WHJE will make sure all Third Parties engaged to Process Personal Data on their behalf (i.e. their Data Processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all Third Parties, whether companies or individuals, prior to granting them access to Personal Data controlled by WHJE.

4.1.2.  Data Protection by Design

To ensure that all Data Protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing. 

WHJE must ensure that a Data Protection Impact Assessment (DPIA) is conducted, for all new and/or revised systems or processes for which it has responsibility. WHJE should consult with a Data Protection subject matter expert during the course of completing the DPIA. The subsequent findings of the DPIA must then be submitted to the senior risk office for WHJE for review and approval. Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate with the Data Protection subject matter expert to assess the impact of any new technology uses on the security of Personal Data.

4.1.3.  Compliance Monitoring

To confirm that an adequate level of compliance is being achieved by WHJE in relation to this policy, WHJE will carry out an annual Data Protection compliance audit. Each audit will, as a minimum, assess compliance with this policy and the operational practices in relation to the protection of Personal Data, including:

• the assignment of responsibilities

• raising awareness

• training of Employees

• adequacy of organisational and technical controls to protect Personal Data

• records management procedures (including data minimisation)

• adherence to the qualified rights of the Data Subject

• Privacy by Design and Default

• consent for direct marketing

• Personal Data transfers

• Personal Data incident management (including Personal Data breaches)

• Personal Data complaints handling

• the currency of Data Protection policies and Privacy Notices

• the accuracy of Personal Data being stored

• the conformity of Data Processor activities

• the adequacy of procedures for redressing poor compliance.

Any major deficiencies identified will be reported to and monitored by WHJE Executive Management team.

4.2.  Principles

4.2.1.  Data Protection

WHJE has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data.

4.2.2. Accountability

The Data Controller shall be responsible for, and be able to demonstrate, compliance. This means WHJE must demonstrate that the six Data Protection Principles (outlined above) are met for all Personal Data for which it is responsible.

4.3.  Data Collection

Personal Data should be collected only from the Data Subject unless one of the following applies:

• The nature of the business purpose necessitates collection of the Personal Data from other persons or bodies.

• The collection must be carried out under emergency circumstances in order to protect the vital interests of the Data Subject or to prevent serious loss or injury to another person.

• If Personal Data is collected from someone other than the Data Subject, the Data Subject must be informed of the collection unless one of the following apply:

  • the Data Subject has received the required information by other means

  • the information must remain confidential due to a professional secrecy obligation

  • a national law expressly provides for the collection, Processing or transfer of the Personal Data.

Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:

• one calendar month from the first collection or recording of the Personal Data

• at the time of first communication, if used for communication with the Data Subject

• at the time of disclosure, if disclosed to another recipient.

4.3.1. Data Subject Consent

WHJE will obtain Personal Data only by lawful and fair means and, where appropriate, with the knowledge and Consent of the individual concerned. 

Where a need exists to request and receive the Consent, via an agreement or positive action, from an individual prior to the collection, use or disclosure of their Personal Data, WHJE is committed to seeking such Consent.

WHJE shall establish a system for obtaining and documenting Data Subject consent for the collection, processing, and/or transfer of their personal data. The system must include provisions for:

• determining what disclosures should be made in order to obtain valid Consent

• ensuring the request for Consent is presented in a manner which is clearly distinguishable from any other matters, is made in an intelligible and easily accessible form, and uses clear and plain language

• ensuring the Consent is freely given (i.e. is not based on a contract that is conditional to the processing of Personal Data that is unnecessary for the performance of that contract)

• documenting the date, method and content of the disclosures made, as well as the validity, scope, and volition of the Consents given

• providing a simple method for a Data Subject to withdraw their Consent at any time.

4.3.2. External Privacy Notes

Each external website provided by WHJE will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.

4.4.  Data Use

4.4.1. Data Processing

WHJE uses the Personal Data of its Customers for the following broad purposes:

• the general running and business administration of WHJE

• to provide goods or services to WHJE customers.

• the ongoing administration and management of customer services.

The use of a Customer’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a Customer’s expectations that their details will be used by WHJE to respond to a Customer’s request for information about the products and services on offer. However, it will not be within their reasonable expectations that WHJE would then provide their details to Third Parties for marketing purposes.

WHJE will Process Personal Data in accordance with all applicable laws and applicable contractual obligations. More specifically, WHJE will not Process Personal Data unless at least one of the following requirements are met:

• The Data Subject has given Consent to the Processing of their Personal Data for one or more specific purposes.

• Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract.

• Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.

• Processing is necessary in order to protect the vital interests of the Data Subject or of another natural person.

• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.

• Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a Third Party (except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject, in particular where the Data Subject is a child).

There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original purpose for which the Personal Data was collected.

4.4.2. Special Categories of Data

Special categories or data (also known as sensitive data) include the following:

• racial or ethnic origin

• political opinions

• religious or philosophical beliefs

• trade union membership

• data concerning sex life, sexual orientation or health

• genetic data

• biometric data, where processed in a manner that will uniquely identify a person.

WHJE, will only Process Special Categories of Data where the Data Subject expressly Consents to such Processing or where one of the following conditions apply:

• The Processing relates to Personal Data which has already been made public by the Data Subject.

• The Processing is necessary for the establishment, exercise or defence of legal claims.

• The Processing is specifically authorised or required by law.

• The Processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving Consent.

• Further conditions, including limitations, based upon national law related to the Processing of genetic data, biometric data or data concerning health.

Where Special Categories of Data are being Processed, WHJE will adopt additional protection measures.

4.4.3. Data Quality

WHJE will adopt all necessary measures to ensure that the Personal Data it collects and Processes is complete and accurate in the first instance, and is updated to reflect the current situation of the Data Subject.

The measures adopted by WHJE to ensure data quality include:

• correcting Personal Data known to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the Data Subject does not request rectification

• keeping Personal Data only for the period necessary, to satisfy the permitted uses or applicable statutory retention period

• the removal of Personal Data if in violation of any of the Data Protection principles or if the Personal Data is no longer required

• restriction, rather than deletion of Personal Data, insofar as:

  • a law prohibits erasure

  • erasure would impair legitimate interests of the Data Subject

  • the Data Subject disputes that their Personal Data is correct and it cannot be clearly ascertained whether their information is correct or incorrect.

4.4.4. Profiling and Automated Decision-Making

WHJE will only engage in Profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the Data Subject or where it is authorised by law.

Where WHJE utilises Profiling and automated decision-making, this will be disclosed to the relevant Data Subjects. In such cases, the Data Subject will be given the opportunity to:

• obtain an explanation for the automated decision

• review the logic used by the automated system

• supplement the automated system with additional data

• have a human carry out a review of the automated decision

• contest the automated decision

• object to the automated decision-making being carried out.

WHJE must also ensure that all Profiling and automated decision-making relating to a Data Subject is based on accurate data. Appropriate mathematical or statistical profiling procedures must be in place, and the Data Controller must ensure suitable technical and organisational measures are undertaken to minimise the risk of errors.

4.4.5. Direct Marketing

As a general rule, WHJE will not send promotional or direct marketing material to a WHJE Customers through digital channels such as mobile phones, email and the Internet, without first obtaining their Consent. 

The GDPR and Privacy and Electronic Communications (which governs Direct Marketing Activities within the EU) imports the GDPR standard for consent. That is:

• The consent must be freely given, specific, informed and unambiguous.

• The consent must be expressed by a statement or clear affirmative action. Silence, pre-ticked boxes or inactivity should therefore not constitute consent.  

• The consent must be as easy to withdraw as it was to provide consent in the first place.

• The organisation must be able to demonstrate that the individual has consented.

• The consent language must be intelligible and use clear and plain language.

• Contacting recipients via email to establish whether consent is in place also constitutes direct marketing and is prohibited without first obtaining consent from the Customer.

The request for consent must be clearly distinguished from other matters. New marketing rules will apply equally to B2B and B2C marketing. Prior consent, before sending commercial electronic communications for direct marketing purposes will be required. This would mean if WHJE were proposing to email prospective or existing customers the Company would have to obtain prior opt-in/subscribe consent from individual members.

Where Personal Data Processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data Processed for such purposes. If the Data Subject puts forward an objection, digital marketing related Processing of their Personal Data must cease immediately, and their details should be kept on a suppression list with a record of the opt-out decision, rather than being completely deleted.

It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals, provided that they are given the opportunity to opt-out.

A soft opt-in also remains for the use of e-mail contact details within the context of an existing customer relationship where WHJE has obtained personal details during the course of a previous sale or transaction.

4.5.  Data Retention

To ensure fair Processing, Personal Data will not be retained by WHJE for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.

The length of time for which WHJE needs to retain Personal Data is set out in the WHJE ‘Personal Data Retention Schedule’. This takes into account the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All Personal Data should be securely deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.

4.6.  Data Protection

4.6.1. WHJE will adopt physical, technical, and organisational measures to ensure the security and protect 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.

• Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes

This includes the prevention of loss or damage, unauthorised alteration, access or Processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment.

4.6.2. A summary of the Personal Data related security measures is provided below:

• Prevent unauthorised persons from gaining access to data processing systems in which Personal Data are Processed. 

• Prevent persons entitled to use a data processing system from accessing Personal Data beyond their needs and authorisations. 

• Ensure that Personal Data in the course of electronic transmission during transport cannot be read or copied. 

• Ensure that access logs are in place to establish whether, and by whom, the Personal Data was entered into, modified on or removed from a data processing system. 

• Ensure that in the case where Processing is carried out by a Data Processor, the data can be Processed only in accordance with the instructions of the Data Controller. 

• Ensure that Personal Data is protected against undesired destruction or loss. 

• Ensure that Personal Data is not kept longer than necessary.

• Regularly evaluate and test the effectiveness of safeguards to ensure security of Processing of Personal Data.

4.7.  Data Subject Rights

4.7.1. The process for attending to the following Data Subject rights is outlined in the Data Subject Access Policy:

• information access

• objection to Processing.

• objection to automated decision-making and Profiling

• restriction of Processing

• data portability

• data rectification

• data erasure.

No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature. 

4.7.2. Data Subjects are entitled to, based upon a request made in and upon successful verification of their identity, the following information about their own Personal Data:

• the purposes of the collection, Processing, use and storage of their Personal Data

• the source(s) of the Personal Data, if it was not obtained from the Data Subject

• the categories of Personal Data stored for the Data Subject

• the recipients, or categories of recipients, to whom the Personal Data has been or may be transmitted, along with the location of those recipients

• the envisaged period of storage for the Personal Data or the rationale for determining the storage period

• the use of any automated decision-making, including Profiling

• the retention periods applied to the data

• a summary of the security measures in place to protect the data

• request 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.

4.7.3. A response to each request will be provided within 30 days of the receipt of the written request from the Data Subject. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

4.7.4. Appropriate verification must confirm that the requestor is the Data Subject or their authorised legal representative. Data Subjects shall have the right to require WHJE to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.

4.7.5. Please refer to the Individuals Rights Policy for detailed guidance and procedures for responding to such requests.

Third-Party Data

4.7.6. It should be noted that situations may arise where providing the information requested by a Data Subject would disclose Personal Data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights.

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

4.8. Law Enforcement Requests and Disclosures

4.8.1. In certain circumstances, it is permitted that Personal Data be shared without the knowledge or Consent of a Data Subject. This is the case where the disclosure of the Personal Data is necessary for any of the following purposes:

• the prevention or detection of crime;

• the apprehension or prosecution of offenders

• the assessment or collection of a tax or duty

• by order ofa court or by any rule of law.

4.9. Data Protection Training

4.9.1. All WHJE Employees and Employees of Third Parties (Data Processors) that have access to Personal Data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, WHJE and Third Parties will provide regular Data Protection training and procedural guidance for their staff.

4.9.2. The training and procedural guidance set forth will consist of, at a minimum, the following elements:

• the Data Protection Principles set forth in Section 4.2 above

• each Employee’s duty to use and permit the use of Personal Data only by authorised persons and for authorised purposes

• the need for, and proper use of, the forms and procedures adopted to implement this policy

• the correct use of passwords, security tokens and other access mechanisms

• the importance of limiting access to Personal Data, such as by using password protected screen savers and logging out when systems are not being attended by an authorised person

• securely storing manual files, printoutsand electronic storage media

• information on how to detect a phishing email 

• proper disposal of Personal Data by using secure shredding facilities

• any special risks associated with particular departmental activities or duties.

4.10. Data Transfer

4.10.1. WHJE may transfer Personal Data to internal or Third-Party recipients located in another country where that country is recognised as having an adequate level of legal protection for the rights and freedoms of the relevant Data Subjects. 

4.10.2. Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. Third Countries), they must be made in compliance with an approved transfer mechanism.

4.10.3. WHJE may only transfer Personal Data where one of the transfer scenarios listed below applies:

• the Data Subject has given Consent to the proposed transfer.

• the transfer is necessary for the performance of a contract with the Data Subject

• the transfer is necessary for the implementation of pre-contractual measures taken in response to the Data Subject’s request

• the transfer is necessary for the conclusion or performance of a contract concluded with a Third Party in the interest of the Data Subject.

• the transfer is legally required on important public interest grounds

• the transfer is necessary for the establishment, exercise or defence of legal claims

• the transfer is necessary in order to protect the vital interests of the Data Subject.

Transfers to Third Parties

4.10.4. WHJE will only transfer Personal Data to, or allow access by, Third Parties when it is assured that the information will be Processed legitimately and protected appropriately by the recipient. Where Third-Party Processing takes place, WHJE will first identify if, under applicable law, the Third Party is considered a Data Controller or a Data Processor of the Personal Data being transferred.

4.10.5. Where the Third Party is deemed to be a Data Controller, WHJE will enter into an appropriate agreement with the Controller to clarify each party’s responsibilities in respect to the Personal Data transferred.

4.10.6. Where the Third Party is deemed to be a Data Processor, will enter into an adequate Processing agreement with the Data Processor. The agreement must require the Data Processor to protect the Personal Data from further disclosure and to only Process Personal Data in compliance with WHJE instructions. In addition, the agreement will require the Data Processor to implement appropriate technical and organisational measures to protect the Personal Data, as well as procedures for providing notification of Personal Data Breaches. 

4.10.7. When outsourcing services to a Third Party (including Cloud Computing services), WHJE will identify whether the Third Party will Process Personal Data on its behalf and whether the outsourcing will entail any Third Country transfers of Personal Data.

4.10.8. Regular audits of Processing of Personal Data performed by Third Parties, especially in respect of technical and organisational measures they have in place, should be undertaken. Any major deficiencies identified will be reported to and monitored by the WHJE Executive Management team.

4.11. Complaints Handling

4.11.1. Data Subjects with a complaint about the Processing of their Personal Data should put forward the matter in writing. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. WHJE will inform the Data Subject of the progress and the outcome of the complaint within a reasonable period.

4.11.2. If the issue cannot be resolved through consultation with the Data Subject, then the Data Subject should be advised that they may, at their option, seek redress through mediation, binding arbitration, litigation, or via a complaint to the Information Commissioner’s Office (ICO).

4.12. Breach Reporting

4.12.1. Any individual who suspects that a Personal Data Breach has occurred due to the theft or exposure of Personal Data must immediately notify the Director – Client Services providing a description of what occurred. Notification of the incident can be made via e-mail to ceastop@brandformula.co.uk or by calling 020 7265 7880. Carl Eastop should update the internal breach log, including pertinent facts relating to the incident, effects and remedial actions taken. 

4.12.2. All reported incidents will be investigated to confirm whether or not a Personal Data Breach has occurred. For severe Personal Data Breaches, WHJE must inform the ICO within 72 hours of becoming aware of the breach. In some cases, affected Data Subjects should be advised of the personal data breach. 

4.12.3. Guidance can be found in the Incident Management Policy.

5. Policy Maintenance

5.1  Publication

5.1.1.This policy shall be available to all Employees through the WHJE Policy folder on the server. In the case of areas which employ non-desk-based employees, then a hard copy will be made available in the staff area.