Data Protection Policy

Version 1.0 - January 2024

Definitions

• DPO: the Company's appointed Data Protection Officer, who has overall responsibility for the day-to-day implementation of this policy
• Site or Services: the Company's website or any services provided by the Company to it's customers
• Company: Capitan Systems Limited, incorporated and registered in England and Wales with company number 13198574 whose registered office is at 124 CIty Road, London EC1V 2NX
• Company Representatives: the officers, employees, agents and sub-contracters of the Company
• Personal Data: shall have the same meaning as in Data Protection Law.

Introduction

The Company processes the Personal Data of Company Representatives, Site or Service users, and other individuals for a variety of business purposes. This policy sets out how we seek to protect Personal Data and ensure that Company Representatives understand the rules governing their use of Personal Data to which they have access in the course of their work. In particular, this policy requires Company Representatives to ensure that the DPO be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.

Scope

This policy applies to all Company Representatives. You must be familiar with this policy and comply with its terms. The Company may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to Company Representatives before being adopted.

Fair and Lawful Processing

The Company and Company Representatives must process Personal Data fairly and lawfully in accordance with individuals’ rightsand all six data protection principles. This generally means that the Company should not process Personal Data unless the individual whose details we are processing has consented to this happening.

The Company will document the additional justification for the processing of sensitive data, and will ensure any biometric and genetic data is considered sensitive.

The processing of all data must be:

1. Subject to active consent by the data subject
2. Necessary to deliver our services
3. In our legitimate interests and not unduly prejudice the individual's privacy
4. In most cases this provision will apply to routine business data processing activities.

The DPO’s Responsibilities

1. Keeping the board updated about data protection responsibilities, risks and issues
2. Reviewing all data protection procedures and policies on a regular basis
3. Arranging data protection training and advice for all Company Representatives and those included in this policy
4. Answering questions on data protection from Company Representatives, and other stakeholders
5. Responding to data subjects who wish to know which data is being processed by the Company
6. Vetting and approving the contracts or agreement regarding data processing of any third parties which process the Company’s data

The Company Representatives Responsibilities

1. Complete training on this policy.
2. Ensure all systems, services, software and equipment meet acceptable security standards
3. Checking and scanning security hardware and software regularly to ensure it is functioning properly
4. Researching third-party services, such as cloud services the company is considering using to store or process data
5. Approving data protection statements attached to emails and other marketing copy
6. Addressing data protection queries from customers, target audiences or media outlets
7. Coordinating with the DPO to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy

Personal Data

Privacy by Design and Default:

Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. The DPO will be responsible for conducting Privacy Impact Assessments and ensuring that all IT projects commence with a privacy plan. When relevant, and when it does not have a negative impact on the data subject, privacy settings will be set to the most private by default.

Sensitive Personal Data:

In cases where the Company processes sensitive Personal Data we will require the data subject's explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.

Accuracy and Relevance:

The Company will ensure that any Personal Data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process Personal Data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this. Individuals may ask that we correct inaccurate Personal Data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DPO.

Data Security

Company Representatives must keep Personal Data secure against loss or misuse. Where other organisations process Personal Data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in using those third party organisations services.

Storing Data Securely:

1. In cases when data is stored on printed paper, it should be kept in a secure place designated by the DPO
2. Printed data should be shredded when it is no longer needed
3. Data stored on a computer should be protected by strong passwords that are changed regularly.
4. Data stored on CDs or memory sticks must be locked away secure place designated by the DPO
5. The DPO must approve any cloud used to store data
6. Servers containing Personal Data must be kept in a secure location, away from general office space
7. Data should be regularly backed up in line with the Company’s backup procedures
8. Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
9. All servers containing sensitive data must be approved and protected by security software, strong firewall and 2 factor authentication.

Data Retention:

The Company must retain Personal Data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the Personal Data was obtained, but should be determined in a manner consistent with our data retention guidelines.

International Data Transfers:

No data may be transferred outside of the EEA without first discussing it with the DPO. Specific consent from the data subject must be obtained prior to transferring their data outside the EEA.

Data Audit and Register:

Regular data audits to manage and mitigate risks will inform the data register. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.

Data Breaches:

All Company Representatives have an obligation to report actual or potential data protection compliance failures. This allows us to:

1. Investigate the failure and take remedial steps if necessary
2. Maintain a register of compliance failures
3. Notify the Supervisory Authority (SA) of any compliance failures that are material either in their own right or as part of a pattern of failures

Subject Access Requests

Under the Data Protection Act 1998, individuals are entitled, subject to certain exceptions, to request access to information held about them. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. If you receive a subject access request, you should refer that request immediately to the DPO, who may ask you to help us comply with those requests.

Right to be Forgotten Requests

A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. An erasure request can only be refused if an exemption applies.

Failing to Comply

The Company takes compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk. The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal. If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.