Data Protection Policy
1 INTRODUCTION
1.1 This Data Protection Policy sets out how Byworth Boilers LTD company number 07398810 and its subsidiaries from time to time (collectively referred to as “Byworth Boilers” “we”, “us”,”our”) handle the Personal Data of our customers, candidates, suppliers, employees, workers and other third parties. Our registered address is Parkwood Boiler Works, Parkwood Street, Keighley, BD21 4NW. Byworth Boilers is registered with the Information Commissioner’s Office, under registration reference ZA284179.
1.2 This Data Protection Policy uses words and terms defined in data protection laws. These terms and definitions are set out in section 3 below to help you understand this policy.
1.3 This Data Protection Policy 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, shareholders, website users or any other Data Subject. It helps set out our legal obligations and processes which staff must follow. Please refer to our Staff Privacy Notice which provides details on how personal data of our Personnel is processed and protected.
1.4 This Data Protection Policy applies to all Personnel (“you”, “your”). You must read, understand and comply with this Data Protection Policy when Processing Personal Data on our behalf and attend training on its requirements. This Data Protection Policy sets out what we expect from you in order for us to comply with applicable law (although we understand that not all sections of this policy may be relevant to all Personnel, you should make sure you read and understand all of this policy). Your compliance with this Data Protection Policy is mandatory. If you are an employee, any breach of this Data Protection Policy may result in disciplinary action. If you are a non-employee, any breaches of this Data Protection Policy may result in us terminating your contract with immediate effect.
1.5 This policy does not form part of an employee’s contract of employment and may be amended from time to time. This Data Protection Policy (together with Related Policies) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the DPO.
2 SCOPE
2.1 The types of Personal Data that we may be required to handle includes information about current, past and prospective customers, business contacts, employees, Personnel, contractors and other individuals we communicate with. The Personal Data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the UK General Data Protection Regulation (‘UK GDPR’) and the Data Protection Act 2018 and other regulations. This policy reflects changes introduced by the Data (Use and Access) Act 2025, which updates elements of the UK GDPR and Data Protection Act 2018. This is referred to as ‘data protection laws’ in this policy. Failure to comply with data protection laws comes with potential significant financial penalties of up to £17.5m or 4% of annual global turnover.
2.2 All managers are responsible for ensuring all Personnel comply with this Data Protection Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance.
2.3 Our Data Protection Officer (DPO) is responsible for informing and advising Byworth Boilers and its Personnel on its data protection obligations, and for monitoring compliance with those obligations and with our policies. You can contact the DPO at DPO@byworth.co.uk
2.4 Please contact the line manager or the DPO with any questions about the operation of this Data Protection Policy, how it applies to your role or Data Protection Laws or if you have any concerns that this Data Protection Policy is not being followed. In particular, you must always contact the DPO in the following circumstances:
2.4.1 if you are unsure of the lawful basis which you are relying on to Process Personal Data (including the legitimate interests used by us) (see Section 5.1 below);
2.4.2 if you need to rely on Consent and/or need to capture Explicit Consent (see Section 5.2 below);
2.4.3 if you need to draft Privacy Notices (see Section 5.3 below);
2.4.4 if you need any assistance dealing with any rights exercised by a Data Subject (see Section 6);
2.4.5 if you are unsure about the retention period for the Personal Data being Processed (see Section 11 below);
2.4.6 if you are unsure about what security or other measures you need to implement to protect Personal Data (see Section 12 below);
2.4.7 if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (see Section 12.3 below).
2.4.8 if there has been a Personal Data Breach (Section 12.4 below);
2.4.9 if you are unsure on what basis to transfer Personal Data outside the UK (see Section 12.5 below);
2.4.10 whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA (see Section 13.4 below) or plan to use Personal Data for purposes others than what it was collected for;
2.4.11 if you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making (see Section 13.5 below);
2.4.12 if you need help complying with applicable law when carrying out direct marketing activities (see Section 15 below); or
2.4.13 if there is anything in this policy that you do not understand or need support with.
3 DEFINITIONS
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 for example our live chat on our website. Data Protection Laws 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;
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
Data is information which is stored electronically, on a computer, or in certain paper-based filing systems;
Data Privacy Impact Assessment (DPIA)
Tools and assessments used to identify and reduce high risk data processing activities. DPIAs should be conducted for all major system or business change programs involving the Processing of Personal Data and the circumstances detailed in section 13.4.2;
Data Processor
Includes any person or organisation that Processes Personal Data on behalf of a Data Controller and in accordance with the Data Controller’s instructions;
Data Protection Laws
The Data Protection Act 2018, the General Data Protection Regulation (EU) (2016/679) as retained and implemented into domestic legislation by the Data Protection Act 2018 (known as ‘UK GDPR’), the Privacy and Electronic Communications (EC Directive) 2003 (known as ‘PECR 2003’), the Data (Use and Access) Act 2025 and other domestic legislation relating to the Processing of Personal Data as they may be enacted, amended or replaced from time to time. Personal Data is subject to the legal safeguards specified in Data Protection Laws;
Data Protection Officer
The person required to be appointed in specific circumstances under Data Protection Laws
Data Retention Policy
Our internal policy, which documents the retention periods for Personal Data we hold and the agreed Process for disposal of such Personal Data;
Data Subject
Means 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;
EEA
The 27 countries in the EU, and Iceland, Liechtenstein and Norway;
Explicit Consent
Consent which requires a very clear and specific statement (that is, not just action);
ICO
Information Commissioner’s Office, subsequently to be known as the Information Commission (IC);
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. Identifiers can include an identification name, location data or online identification or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual. Personal Data includes Special Category 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, for example: loss or theft of data or equipment on which personal information is stored; unauthorised access to or use of personal information either by a member of staff or third party; loss of data resulting from an equipment or systems (including hardware and software) failure; human error, such as accidental deletion or alteration of data or sending data to the wrong person; unforeseen circumstances, such as a fire or flood; deliberate attacks on IT systems, such as hacking, viruses or phishing scams; and ‘blagging’ offences, where information is obtained by deceiving the organisation which holds it;
Personnel
All employees, workers, contractors, agency workers, consultants, partners, directors and others;
Privacy Notice(s)
Separate notices setting out information that may be provided to Data Subjects when we collect 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 customer privacy notices which refer to a long privacy policy) or they may be stand alone, one time privacy statements covering Processing related to a specific purpose;
Process, Processing, Processed
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 (for example, replacing names with reference numbers) 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.
4 DATA PROTECTION PRINCIPLES
4.1 We will comply with the following data protection principles when Processing Personal Data:
4.1.1 Processed fairly, lawfully and in a transparent manner;
4.1.2 Processed for specified, explicit and legitimate purposes and in an appropriate way;
4.1.3 Adequate, relevant and limited to what is necessary for the purpose;
4.1.4 Accurate and kept up to date;
4.1.5 Not kept longer than necessary for the purpose;
4.1.6 Not transferred to another country without appropriate safeguards in place; and
4.1.7 Processed in line with Data Subjects' rights including in respect of the security of Personal Data. We will also ensure Processing complies with any updated definitions and safeguards introduced under the Data (Use and Access) Act 2025 including specific provisions for Automated Decision Making and legitimate interests.
4.2 We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
5 LAWFULNESS, FAIRNESS AND TRANSPARENCY
Basis for Processing Personal Data
5.1.1 Personal Data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
5.1.2 You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. Data Protection Laws sets out and restricts the different lawful purposes that we can use to Process Personal Data. These restrictions are not intended to prevent Processing, but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.
5.1.3 Data Protection Laws allows Processing for specific purposes, some of which are set out below:
(a) the Data Subject has given their Consent;
(b) the Processing is necessary for the performance of a contract with the Data Subject (such as booking a repair for a customer);
(c) to meet our legal compliance obligations (such as for auditing purposes);
(d) to protect the Data Subject’s vital interests (this is very limited in scope and often only applies when a Data Subject is at risk, and so in our case this is unlikely to apply); or
(e) 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 (such as direct marketing to our customers). The purposes for which we Process Personal Data for legitimate interests needs to be set out in applicable Privacy Notices.
5.1.4 Processing may also be carried out under the “Recognised Legitimate Interests” lawful basis, as introduced by the Data (Use and Access) Act 2025. This includes Processing for crime prevention, safeguarding, responding to emergencies and other defined purposes. Where we rely on this basis, we will document our justification and ensure appropriate safeguards are in place.
5.2.1 A Data Controller (Byworth Boilers) must only Process Personal Data on the basis of one or more of the lawful bases set out in Data Protection Laws, which may include Consent.
5.2.2 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.
5.2.3 Data Subjects must be easily able to (and be aware that they can) withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be obtained again if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
5.2.4 Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Special Category Data, for some types of Automated Decision Making and for cross border transfers where we do not rely on adequate safeguards. Usually, we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Special Category Data. Where Explicit Consent is required, you must issue a Privacy Notice to the Data Subject to capture Explicit Consent.
5.2.5 You will need to evidence that we have obtained Consent and keep records of all Consents so that we can demonstrate compliance with Consent requirements.
5.3 Transparency (Notifying Data Subjects)
5.3.1 Data Protection Laws requires Data Controllers (Byworth Boilers) to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. This includes informing customers that their calls are being recorded. Such information must be provided through appropriate Privacy Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
5.3.2 Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we must provide the Data Subject with all the information required by Data Protection Laws including but not limited to the identity of the Data Controller and the DPO, how and why we will use, Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.
5.3.3 When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by Data Protection Laws as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with Data Protection Laws and on a basis which contemplates our proposed Processing of that Personal Data.
6 DATA SUBJECTS RIGHTS AND REQUESTS
6.1 Data Subjects have rights when it comes to how we handle their Personal Data, and can exercise these rights at any time. These include rights to:
6.1.1 to be informed about how, why and on what basis their Personal Data is being processed (Privacy Notice):
6.1.2 withdraw Consent to Processing at any time;
6.1.3 request access to their Personal Data that we hold;
6.1.4 prevent our use of their Personal Data for direct marketing purposes;
6.1.5 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;
6.1.6 restrict Processing in specific circumstances;
6.1.7 challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
6.1.8 request a copy of an agreement under which Personal Data is transferred outside of the UK;
6.1.9 object to decisions based solely on Automated Processing, including profiling (ADM);
6.1.10 prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
6.1.11 be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
6.1.12 make a complaint to the supervisory authority (often the Information Commissioner’s Office); and
6.1.13 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.
6.2 You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
6.3 Employees should not respond to a subject access request without first discussing the request with their line manager/the Data Protection Officer. Please note that there are strict requirements placed on all organisations in respect of dealing with and responding to subject access requests. Any failure of Byworth Boilers in this respect could result in significant fines and other penalties being imposed on us. It is therefore important that you immediately notify your line manager and the Data Protection Officer of any subject access request. In line with the Data (Use and Access) Act 2025, we have a duty to conduct searches on a reasonable and proportionate basis and the one-month time limit for responding may be paused (“stop the clock”) while we seek clarification from the requester where necessary to identify the data requested
7 CRIMINAL RECORDS DATA
7.1 Criminal records data will be Processed in accordance with the UK GDPR for recruitment purposes.
8 Purpose Limitation
8.1 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.
8.2 You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes and they have Consented where necessary or where an exemption applies e.g. where further Processing is undertaken for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes.
9 Data Minimisation
9.1 Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
9.2 You may only collect Personal Data that you require for your job duties: do not collect excessive data that is not necessary to achieve the purpose (for example, it is unlikely that you need a customer’s date of birth to refer them to a Partner). Ensure any Personal Data collected is adequate and relevant for the intended purposes and that you only Process Personal Data when performing your job duties which require it.
9.3 You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with our data retention schedule.
10.1 Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
10.2 You 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. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards (where applicable) and take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data. In terms of your own Personal Data, you should let the HR team know if the information you have provided to us changes, for example, if you move house or change details of the bank or building society account to which you are paid.
11.3 We 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 a law requires such data to be kept for a minimum time.
11.4 You will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with our data retention policy. This includes requiring third parties to delete such data where applicable.
11.5 You will ensure Data Subjects are informed of the period for which Personal Data is stored and how that period is determined in any applicable Privacy Notice.
12 Security Integrity And Confidentiality
12.1 Protecting Personal Data
12.1.1 Personal Data must be kept secure by using appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage. This includes both electronic and paper documents.
12.1.2 We will develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data.
12.1.4 If you identify any failures or errors with any of our security measures or errors, including other Personnel not following our measures, you must inform our DPO as soon as possible.
12.1.5 You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
(a) Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
(b) Integrity means that Personal Data is accurate and suitable for the purpose for which it is Processed.
(c) Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.
12.2.1 We may share Personal Data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
12.2.2 We are required to comply with obligations under Data Protection Laws where we use third parties to Process Personal Data on our behalf (including but not limited to IT software providers and HR payroll providers). In these circumstances, such parties will be acting as our Data Processor and Data Protection Laws requires us to put in place a contract in writing which contains a number of provisions to help safeguard the Personal Data. If you are responsible for the drafting or negotiation of contracts with Data Processors, you must seek further advice from the DPO to ensure the contracts contain all the necessary data protection provisions.
12.2.3 Where we share Personal Data with third parties for their own use (and they will not be processing data on our behalf) it will often be necessary to enter into a data sharing agreement. We need to ensure that such agreements contain certain provisions such as the third party will only Process the Personal Data for specific purposes, to return the Personal Data to us in certain circumstances and have adequate security measures in place. If you are required to enter into a data sharing agreement, you must seek further advice from the DPO.
12.2.4 In all cases, we may only share the Personal Data we hold provided the sharing complies with the Privacy Notice and any privacy policy provided to the Data Subject and, if required, the Data Subject’s consent has been obtained.
12.3 Reporting A Personal Data Breach
12.3.1 We need to keep a record of all Personal Data Breaches in our internal breach register, no matter how big or small and whether they are reportable to the Information Commissioner, in accordance with the updated ICO guidance issued under the Data (Use and Access) Act 2025.If you suspect, commit or become aware of a Personal Data Breach of any kind, including by one of our suppliers, you must report immediately to you Line Manager and copy in the DPO.
12.3.3 If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately notify the DPO in accordance with paragraph 12.3.2 above. An internal record of any data breach must also be made within our internal breach log which the DPO will manage. You should preserve all evidence relating to the potential Personal Data Breach and co-operate fully with the DPO to make sure the breach is documented.
12.3.4 Where we act as Data Processor for a third party, we must make the Data Controller aware of the Personal Data Breach as soon as possible. Again, this is a task for the DPO with full co-operation from whoever has reported the Personal Data Breach.
12.4.1 Data Protection Laws restricts data transfers to countries outside the UK in order to ensure that the level of data protection afforded to individuals by Data Protection Laws is not undermined. You may only transfer Personal Data outside the EEA if one of the following conditions applies:
(a) the UK Government 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, please see the ICO’s website for details of those countries;
(b) appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the UK Government, an approved code of conduct or a certification mechanism;
(c) the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
(d) the transfer is necessary for one of the other reasons set out in the Data Protection Laws 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.
12.4.2 If you are negotiating an agreement for us that requires the transfer of Personal Data outside of the EEA, you must seek further advice from the DPO.
13 Accountability
13.1 The Data Controller (Byworth Boilers) 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.
13.1.1 We must have adequate resources and controls in place to ensure and to document Data Protection Laws compliance including:
(a) appointing a suitably qualified Data Protection Officer (where necessary) where the appointment of a Data Protection Officer is not a legal requirement, we must still appoint an individual/individuals with responsibility for overseeing our compliance with Data Protection Laws such as a DPO;
(b) implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
(c) integrating data protection into internal documents including this Data Protection Policy, Related Policies and Privacy Notices;
(d) regularly training Personnel on Data Protection Laws, this Data Protection Policy, Related Policies and data protection matters including, for example, Data Subject’s rights, Consent, legal basis, DPIA and Personal Data Breaches. We must maintain a record of training attendance by Personnel; and
(e) 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.
13.2 Record Keeping
13.2.1 Data Protection Laws requires us to keep full and accurate records of all our data Processing activities.
13.2.2 You must keep and maintain accurate corporate records reflecting our Processing including records of Data Subjects’ Consents.
13.2.3 We must also keep records of the name and contact details of the Data Controller and the DPO, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data transfers outside the UK and the safeguards put in place to protect the transfer of such Personal Data, the Personal Data’s retention period and a description of the security measures in place.
13.2.4 If we Process Special Category Data and criminal records information, we will also keep written records of:
(a) the relevant purpose for which the Processing takes place, including (where required) why it is necessary for that purpose;
(b) the lawful basis for our Processing; and
(c) whether we retain and erase the Personal Data in accordance with our policy document and, if not, the reasons for not following our policy.
13.2.5 Our data processing records must always be kept up to date. Please see ICO guidance for further details regarding the information we must record: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/accountability-and-governance/documentation/
13.2.6 We will conduct regular reviews of the Personal Data we Process and update our documentation accordingly. This may include:
(a) carrying out information audits to find out what Personal Data we hold;
(b) distributing questionnaires and talking to Personnel to get a more complete picture of our Processing activities; and/or
(c) reviewing our policies, procedures, contract and agreements to address areas such as retention, security and data sharing.
13.3 Training And Audit
13.3.1 We are required to ensure all 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.
13.3.2 You must regularly review all the systems and processes under your control to ensure they comply with this Data Protection Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.
13.3.3 You must undertake training at intervals specified by us.
13.4.1 We will implement appropriate technical and organisational measures to ensure compliance with data privacy principles taking into consideration the nature, scope, context and purposes of Processing and the risks of varying likelihood and severity for the rights and freedoms of Data Subjects posed by the Processing.
(a) use of new or changing technologies (programs, systems or processes);
(b) large scale Processing of Special Category Personal Data; and
(c) large scale, systematic monitoring of a publicly accessible area.
(d) DPIAs will also be completed where new technologies involve Automated Decision Making, biometric or facial recognition data, or large-scale employee monitoring.
13.4.3 The DPIA must include:
(a) a description of the Processing, its purposes and the legitimate interests if appropriate;
(b) an assessment of the necessity and proportionality of the Processing in relation to its purpose;
(c) an assessment of the risk to individuals; and
(d) the risk mitigation measures in place and demonstration of compliance.
13.4.4 Where research, innovation or children’s data Processing is undertaken, we will apply additional safeguards introduced by the Data (use and Access) Act 2025.
13.5 Automated Processing (Including Profiling) And Automated Decision-Making
13.5.1 Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
(a) a Data Subject has Explicitly Consented;
(b) the Processing is authorised by law; or
(c) the Processing is necessary for the performance of or entering into a contract.
13.5.2 If certain types of Special Category Data are being Processed, then grounds 13.5.1(b) or 13.5.1(c) will not be allowed but such Special Category Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.
13.5.3 If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed when you first communicate with them of their right to object.
13.5.4 We must also inform the Data Subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the Data Subject the right to request human intervention, express their point of view or challenge the decision.
13.5.5 A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken which have a legal effect or similar significant effect on the Data Subject. Note that not all Automated Processing will have a legal or similar effect on a Data Subject, for example, targeted advertising is generally not considered to have a significant effect on individuals.
14 MONITORING
14.1 Everyone must observe this policy. The Data Protection Officer has overall responsibility for this policy. They will monitor compliance regularly to make sure the policy is being adhered to. Monitoring of staff, systems or communications will only be carried out where lawful, necessary and proportionate, and subject to a Data Protection Impact Assessment where required by ICO guidance on employment practices.
15 Direct Marketing
15.1 We are subject to certain rules and privacy laws when marketing to our customers.
15.2 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.
15.3 The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.
15.4 A Data Subject’s objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
16 Changes To This Data Protection Policy
16.1 We reserve the right to change this Data Protection Policy at any time, so please check back regularly to obtain the latest copy of this Data Protection Policy.
16.2 This Data Protection Policy does not override any applicable national Data Protection Laws.
