DEFINITIONS (UAT)

Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.

Automated Processing: 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. Profiling is an example of Automated Processing.

Company name: APeopleBusiness Limited (we, us, our, our company, company).

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

Consent: 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.

Data Controller: 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 GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.

Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity.

Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to the Company data privacy team with responsibility for data protection compliance. For the purposes of this agreement, the DPO will be the Company Secretary who can be contacted at support@apeoplebusiness.com.

EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.

Explicit Consent: consent which requires a very clear and specific statement.

General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.

Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal 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: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.

Privacy Notices (also referred to as Fair Processing Notices) or Privacy Policies: separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.

Processing or Process: 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.

Pseudonymisation or Pseudonymised: 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.

Related Policies: the Company’s policies, operating procedures or processes related to this Privacy Standard and designed to protect Personal Data.

Sensitive Personal Data: information revealing racial or ethnic origin, political opinions, disabilities, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.

INTRODUCTION

This Privacy Standard sets out how APeopleBusiness handle the Personal Data of our customers, their employees, suppliers, employees, workers and other third parties.

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

This Privacy Standard applies to all Company Personnel and Users of our Survey Website (”you”, “your”). You must read, understand and comply with this Privacy Standard when using our service. This Privacy Standard sets out what we expect from you in order for the Company to comply with applicable law. Your compliance with this Privacy Standard is mandatory. Any breach of this Privacy Standard may result in the immediate termination of our service and if relevant your employment.

SCOPE

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

The DPO is responsible for overseeing this Privacy Standard and, as applicable, developing Related Policies and Privacy Guidelines.

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:

1. if you are unsure of the lawful basis which you are relying on for the Company to process Personal Data (including the legitimate interests used by the Company);
2. if you are unsure about the retention period for the Personal Data being Processed;
3. if there has been a Personal Data Breach;
4. you wish to implement the right to be forgotten;
5. you wish to understand the data we are holding on you;
6. any other concern with regard to the processing of sensitive information.

PERSONAL DATA PROTECTION PRINCIPALS

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

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

LAWFULNESS, FAIRNESS, TRANSPARENCY

LAWFULNESS AND FAIRNESS

The law states that “Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject”. We may only collect, Process and share Personal Data fairly and lawfully and for specific purposes. These restrictions are not intended to prevent Processing, but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.

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

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

Our Obligation to you: We conform to the requirements of lawfulness and fairness and have put in place a number of measures to protect identity, insure data security and maintain privacy at all times. We will anonymise information for the purposes of “whole population” assessment. At no times we will provide an employer with your specific data without your permission.

Your Obligation to us: You will not do anything what will cause us to be in violation to these principles. If you identify anyone, anything or have reason to believe that these principles are being violated, please make contact with the DPO as soon as possible.

CONSENT

A Data Controller must only process Personal Data on the basis of one or more of the lawful bases set out in the GDPR, which include Consent. A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters. Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.

Our Obligation to you: We will only collect your information if you explicitly grant consent. If at any time in the future you withdraw consent, we will delete your user record from our database.

Your Obligation to us: To get access to the survey and be able to participate you will need to confirm consent using the “Tick Box” as part of the registration process.  If you do not wish to provide consent, then the survey will not be open to you to complete.

TRANSPARENCY (NOTIFYING DATA SUBJECTS)

The GDPR 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 must be provided through appropriate privacy notices or fair processing notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.

Our Obligation to you: We are collecting Personal Data directly from you and we have provided you with all the information required under GDPR including the identity of the Data Controller and DPO. We are using the answers to the survey questions to generate an automated personal profile report for your own purpose and under the sole discretion of you as to who you share it with. We are also generating an anonymised information dashboard with reports to help an organisation understand how it can improve the support services available to its staff.

Your Obligation to us: If you find any terms in this privacy standard hard to understand, you will inform the DPO so we can improve them.

PURPOSE LIMITATION

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.

Our Obligation to you: We cannot use your Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless we have informed you (the Data Subject) of the new purposes and you have consented where necessary.

Your Obligation to us: You will not use any personal information derived from the service for personal commercial gain unless agreed in advance with the Company or your employer.

DATA MINIMISATION

Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.

Our Obligation to you: We may only Process Personal Data when performing our duties requires it. We cannot Process Personal Data for any reason unrelated to our job duties. We will ensure any Personal Data collected is adequate and relevant for the intended purposes. We will ensure that when Personal Data is no longer needed for the specified purposes, it is deleted or anonymised in accordance with the Company’s data retention guidelines.

Your Obligation to us: You will keep private any reports and information that may come into your possession whilst using the service and if you are unsure, you will seek clarity from the DPO.

ACCURACY

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

Our Obligation to you: We will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. We will take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

Your Obligation to us: You will update us with any information required to help us honour this principle.

STORAGE LIMITATION

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

Our Obligation to you: We will not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements. We only hold personally identifiable data for the period it takes for you to complete the survey questions. Upon completion, the information is completely anonymised and the original answers are deleted. The anonymised information is held in a form that can be attributed to your employer until the survey project is complete. At which point, the information is further anonymised to remove employer details, this is then used for “country, industry” benchmark analysis.

Your Obligation to us: You will not share your registration details with anyone, nor will you answer any questions with the deliberate intent of being able to identify yourself.

SECURITY INTEGRITY AND CONFIDENTIALITY

PROTECTING PERSONAL DATA

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

Our Obligation to you: We will maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:

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

Your Obligation to us: You will not attempt to “hack,” interrupt or attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the GDPR and relevant standards to protect Personal Data. Any breach of this will result in the immediate termination of your use and will be reported to the authorities where criminal prosecution may follow.

REPORTING A PERSONAL DATA BREACH

The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject.

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

Your Obligation to us: If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the DPO and follow their instructions. You should preserve all evidence relating to the potential Personal Data Breach and hand it over when requested.

TRANSFER LIMITATION

The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.

We may only transfer Personal Data outside the EEA if one of the following conditions applies:

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

Our Obligation to you: All information is held inside UK data centres under strict and tight controls. We will not transfer your data outside of the EEA without your permission.

Your Obligation to us: You must complete the survey and only access our system within an EEA country unless you have sought permission from the DPO. We will not be responsible for any data breaches if you elect to use our system outside of the agreed countries.

DATA SUBJECT’S RIGHTS AND REQUESTS

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

1. withdraw Consent to Processing at any time;
2. receive certain information about the Data Controller’s Processing activities;
3. request access to their Personal Data that we hold;
4. prevent our use of their Personal Data for direct marketing purposes;
5. ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
6. restrict Processing in specific circumstances;
7. challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
8. request a copy of an agreement under which Personal Data is transferred outside of the EEA;
9. object to decisions based solely on Automated Processing, including profiling (ADM);
10. prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
11. be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
12. make a complaint to the supervisory authority; and
13. 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.

Our Obligation to you:  We will verify the identity of an individual requesting data under any of the rights listed above. We will comply with the request within a reasonable period of time and in-line with the company’s process for dealing with such requests.

Your Obligation to us: You will forward any request to the DPO. If you are unsatisfied with the response, you may escalate to any director of the company whose names can be found on the Companies House website.

ACCOUNTABILITY

MEASURES AND CONTROLS

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

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

1. appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
2. implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
3. integrating data protection into internal documents including this Privacy Standard, Related Policies, Privacy Guidelines, Privacy Notices or Fair Processing Notices;
4. regularly training Company Personnel on the GDPR, this Privacy Standard, Related Policies and Privacy Guidelines and data protection matters including, for example, Data Subject’s rights, Consent, legal basis, DPIA and Personal Data Breaches. The Company must maintain a record of training attendance by Company Personnel; and
5. regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.

RECORD KEEPING

The GDPR requires us to keep full and accurate records of all our data Processing activities. Where we retain any personal information, we will keep and maintain a record of your consents.

TRAINING AND AUDIT

We are required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.

PRIVACY BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)

We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.

We assess what Privacy by Design measures can be implemented on all programs/systems/processes that Process Personal Data by taking into account the following:

1. the state of the art;
2. the cost of implementation;
3. the nature, scope, context and purposes of Processing; and
4. the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.

AUTOMATED PROCESSING (INCLUDING PROFILING) AND AUTOMATED DECISION-MAKING

Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:

1. a Data Subject has Explicitly Consented;
2. the Processing is authorised by law; or
3. the Processing is necessary for the performance of or entering into a contract.

If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but such Sensitive Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.

DIRECT MARKETING

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

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

Our Obligation to you:  We will not directly market to you unless your employer has authorised us to do so to offer a direct service or benefit funded by them or us as a result of the survey findings. We will not share your personally identifiable data with any third party for any direct marketing purpose.

SHARING PERSONAL DATA

We do not share Personal Data.

CHANGES TO THIS PRIVACY STANDARD

We reserve the right to change this Privacy Standard from time to time without notice to you so please check back regularly to obtain the latest copy of this Privacy Standard. We last revised this Privacy Standard on 16 February 2018 and made the following changes: First Version.

This Privacy Standard does not override any applicable national data privacy laws and regulations in countries where the Company operates.

 

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