PRIVACY PROCEDURE (TIER 2)

1. Scope All processing of personal data by Axiom Building Services Limited is within the scope of this procedure.

2. Responsibilities

2.1 The GDPR Owner is responsible for ensuring that the privacy notice is correct and that mechanisms exist such as having the Privacy Notice on the Axiom Building Services Limited website to make all data subjects aware of the contents of this notice prior Axiom Building Services Limited commencing collection of their data.

2.2 All staff that need to collect personal data are required to follow this procedure.

3. Procedure (Article 12)

3.1 Axiom Building Services Limited identifies the legal basis for processing personal data before any processing operations take place by clearly establishing, defining and documenting:

3.1.1 the specific purpose of processing the personal data and the legal basis to process the data under:

3.1.1.1 consent obtained from the data subject;

3.1.1.2 performance of a contract where the data subject is a party;

3.1.1.3 legal obligation that Axiom Building Services Limited is required to meet;

3.1.1.4 protect the vital interests of the data subject, including the protection of rights and freedoms;

3.1.1.5 official authority of Axiom Building Services Limited or to carry out the processing that is in the public interest;

3.1.1.6 necessary for the legitimate interests of the data controller or third party, unless the processing is overridden by the vital interests, including rights and freedoms, and

3.1.1.7 legislation.

3.1.2 any special categories of personal data processed and the legal basis to process the data under:

3.1.2.1 explicit consent obtained from the data subject;

3.1.2.2 necessary for employment rights or obligations;

3.1.2.3 protect the vital interests of the data subject, including the protection of rights and freedoms;

3.1.2.4 necessary for the legitimate activities with appropriate safeguards;

3.1.2.5 personal data made public by the data subject;

3.1.2.6 legal claims;

3.1.2.7 substantial public interest;

3.1.2.8 preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, provision of health or social care treatment, or management of health and social care systems and services, under the basis that appropriate contracts with health professionals and safeguards are in place;

3.1.2.9 public health, ensuring appropriate safeguards are in place for the protection of rights and freedoms of the data subject, or professional secrecy, and

3.1.2.10 legislation in terms of processing genetic, biometric or health data

3.2 Axiom Building Services Limited records this information in line with its data protection impact assessment (where required) and data inventory (GDPR DOC 2.4 and GDPR REC 4.4).

4. Privacy notices

4.1 When personal data collected from data subject with consent

4.1.1 Axiom Building Services Limited is transparent in its processing of personal data and provides the data subject with the following:

4.1.1.1 Axiom Building Services Limited’s identity, and contact details of the GDPR Owner and any data protection representatives;

4.1.1.2 the purpose(s), including legal basis, for the intended processing of personal data (clause 4.2 below);

4.1.1.3 where relevant, Axiom Building Services Limited’s legitimate interests that provide the legal basis for the processing;

4.1.1.4 potential recipients of personal data;

4.1.1.5 any information regarding the intention to disclose personal data to third parties and whether it is transferred outside the EU. In such circumstances, Axiom Building Services Limited will provide information on the safeguards in place and how the data subject can also obtain a copy of these safeguards;

4.1.1.6 if Axiom Building Services Limited is based outside of the EU and the data subject resides within it (the EU), the Axiom Building Services Limited provides the data subject with contact details of a data protection representative in the EU;

4.1.1. 7 any information on website technologies used to collect personal data about the data subject;

4.1.1.8 any other information required to demonstrate that the processing is fair and transparent.

4.1.2 All information provided to the data subject is in an easily accessible format (electronic or hard copy), using clear and plain language, especially for personal data addressed to a child.

4.1.3 Axiom Building Services Limited facilitates the data subject’s rights in line with the data protection policy (GDPR DOC 1.0) and the subject access request procedure (GDPR DOC 2.2).

4.1.4 Privacy notice for this personal data processing is recorded (GDPR REC tl)

4.2 When data is contractually required for processing

4.2.1 Axiom Building Services Limited processes data without consent in order to fulfil contractual obligations (such as bank details to process salaries, postal address in order to meet business obligations, etc).

4.2.2 Privacy notice for this personal data processing is recorded (GDPR REC 4.1)

4.3 When personal data has been obtained from a source other than the data subject

4.3.1 Axiom Building Services Limited makes clear the types of information collected as well as the source of the personal data (publicly accessible sources) and provides the data subject with:

4.3.1.1 Axiom Building Services Limited’s (data controller) identity, and contact details of the GDPR Owner and any data protection representatives;

4.3.1.2 the purpose(s), including legal basis, for the intended processing of personal data;

4.3.1.3 categories of personal data;

4.3.1.4 potential recipients of personal data;

4.3.1.5 any information regarding disclosing personal data to third parties and whether it is transferred outside the EU -Axiom Building Services Limited will provide information on the safeguards in place and how the data subject can also obtain a copy of these safeguards;

4.3.1.6 any other information required to demonstrate that the processing is fair and transparent.

4.3.2 Privacy notice for this personal data processing is recorded (GDPR REC 4.1)

5. General

5.1 Axiom Building Services Limited provides the information stated in clauses 3 and 4 above within:

5.1.1 one month of obtaining the personal data, in accordance with the specific circumstances of the processing;

5.1.2 at the first instance of communicating in circumstances where the personal data is used to communicate with the data subject;

5.1.3 when personal data is first disclosed in circumstances where the personal data is disclosed to another recipient.

5.2 Clauses 3 and 4 above do not apply if:

5.2.1 the data subject already has the information; 5.2.2 the provision of the above information proves impossible or would involve an excessive effort;

5.2.3 obtaining or disclosure of personal data is expressly identified by Member State law; or

5.2.4 personal data must remain confidential subject to an obligation of professional secrecy regulated by Member State law, including a statutory obligation of secrecy.

Document owner and approver

The GDPR Owner is the owner of this document and is responsible for ensuring that this procedure is reviewed in line with the review reguirements of the GDPR.

A current version of this document is available to all members of staff and other relevant parties.

This procedure was approved by the Director(s) on 15th January 2019 and is issued on a version controlled basis under their signature(s).