Boost Recruitment Ltd (“BOOST”) is committed to conducting its business in accordance with all applicable Data Protection laws and regulations.
This policy sets forth the expected behaviours of BOOST Employees and Third Parties in relation to the collection, use, retention, transfer, disclosure and destruction of any Personal Data belonging to a BOOST Contact (i.e. the Data Subject).
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. BOOST, as a Data Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy. Non-compliance may expose BOOST to complaints, regulatory action, fines and/or reputational damage.
BOOST’s leadership is fully committed to ensuring continued and effective implementation of this policy, and expects all BOOST 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.
This policy has been approved by the Directors of BOOST.
This policy applies to BOOST where a Data Subject’s Personal Data is processed:
- In the context of the business activities of BOOST.
- For the provision or offer of services to individuals and third parties (including those provided or offered free-of-charge) by BOOST.
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. This policy has been designed to establish a baseline standard for the Processing and protection of Personal Data by BOOST.
The protection of Personal Data belonging to BOOST Employees is not within the scope of this policy.
An individual who works part-time or full-time for BOOST under a contract of employment, whether oral or written, express or implied, and has recognised rights and duties. Includes temporary employees and independent contractors.
An external organisation with which BOOST conducts business and is also authorised to, under the direct authority of BOOST, Process the Personal Data of BOOST Contacts.
Any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person.
Any past, current or prospective BOOST customer.
Identifiable Natural Person
Anyone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A natural or legal person, Public Authority, Agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
The identified or Identifiable Natural Person to which the data refers.
Process, Processed, Processing
Any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means. Operations performed may include collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The process of safeguarding Personal Data from unauthorised or unlawful disclosure, access, alteration, Processing, transfer or destruction.
Data Protection Authority
An independent Public Authority responsible for monitoring the application of the relevant Data Protection regulation set forth in national law.
A natural or legal person, Public Authority, Agency or other body which Processes Personal Data on behalf of a Data Controller.
Any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to him or her.
Special Categories of data
Personal Data pertaining to or revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data.
Any country not recognised as having an adequate level of legal protection for the rights and freedoms of Data Subjects in relation to the Processing of Personal Data.
Any form of automated processing of Personal Data where Personal Data is used to evaluate specific or general characteristics relating to an Identifiable Natural Person. In particular to analyse or predict certain aspects concerning that natural person’s performance at work, economic situations, health, personal preferences, interests, reliability, behaviour, location or movement.
Personal Data Breach
A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.
The process of converting information or data into code, to prevent unauthorised access.
4.1.1 Policy Dissemination & Enforcement
The management team of BOOST must ensure that all BOOST Employees responsible for the Processing of Personal Data are aware of and comply with the contents of this policy.
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. BOOST 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.
Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate 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 that is being achieved by BOOST in relation to this policy, BOOST will carry out an annual Data Protection compliance audit. Each audit will assess:
- Compliance with Policy in relation to the protection of Personal Data.
- The effectiveness of Data Protection related operational practices.
- The level of understanding of Data Protection policies and Privacy Notices.
- The conformity of Data Processor activities.
- The adequacy of procedures for redressing poor compliance and Personal Data Breaches.
BOOST will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable time frame.
4.2 Data Protection Principles
BOOST has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data:
Principle 1: Lawfulness, Fairness and Transparency
Personal Data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means, BOOST must tell the Data Subject what Processing will occur (transparency), the Processing must match the description given to the Data Subject (fairness), and it must be for one of the purposes specified in the applicable Data Protection Regulation (lawfulness).
Principle 2: Purpose Limitation
Personal Data shall be collected for specified, explicit and legitimate purposes and not further Processed in a manner that is incompatible with those purposes. This means BOOST must specify exactly what the Personal Data collected will be used for and limit the Processing of that Personal Data to only what is necessary to meet the specified purpose.
Principle 3: Data Minimisation
Personal Data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed. This means BOOST must not store any Personal Data beyond what is strictly required.
Principle 4: Accuracy
Personal Data shall be accurate and updated to remain so whenever possible.
Principle 5: Storage Limitation
Personal Data shall be kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the Personal Data is Processed.
Principle 6: Integrity & Confidentiality
Personal Data shall be Processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful Processing, and against accidental loss, destruction or damage. BOOST must use appropriate technical and organisational measures to ensure the integrity and confidentiality of Personal Data is maintained at all times.
Principle 7: Accountability
The Data Controller shall be responsible for, and be able to, demonstrate compliance.
4.3 Data Collection
4.3.1 Data Sources
Personal Data should be collected only from the Data Subject unless one of the following apply:
- 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.
4.3.2 Data Subject Consent
BOOST 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 of an individual prior to the collection, use or disclosure of their Personal Data, BOOST is committed to seeking such Consent.
BOOST 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.
4.3.3 Data Subject Notification
BOOST will, when required by applicable law, contract, or where it considers that it is reasonably appropriate to do so, provide Data Subjects with information as to the purpose of the Processing of their Personal Data.
When the Data Subject is asked to give Consent to the Processing of Personal Data and when any Personal Data is collected from the Data Subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:
- The Data Subject already has the information
- A legal exemption applies to the requirements for disclosure and/or Consent.
The disclosures may be given orally, electronically or in writing. If given orally, the person making the disclosures should use a suitable script or form. The associated record of the facts, date, content, should be recorded electronically.
4.3.4 External Privacy Notices
Each external website provided by BOOST 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
BOOST uses the Personal Data of its Contacts for the following broad purposes:
- The general running and business administration of BOOST.
- To provide services to BOOST customers.
- The ongoing administration and management of customer services.
The use of a Contact’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 Contact’s expectations that their details will be used by BOOST to respond to a Contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that BOOST would then provide their details to Third Parties for marketing purposes.
BOOST will Process Personal Data in accordance with all applicable laws and applicable contractual obligations. More specifically, BOOST 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).
In any circumstance where Consent has not been gained for the specific Processing in question, BOOST will address the following additional conditions to determine the fairness and transparency of any Processing beyond the original purpose for which the Personal Data was collected:
- Any link between the purpose for which the Personal Data was collected and the reasons for intended further Processing.
- The context in which the Personal Data has been collected, in particular regarding the relationship between Data Subject and the Data Controller.
- The nature of the Personal Data, in particular whether Special Categories of Data are being Processed, or whether Personal Data related to criminal convictions and offences are being Processed.
- The possible consequences of the intended further Processing for the Data Subject.
4.4.2 Special Categories of Data
BOOST will only Process Special Categories of Data (also known as sensitive 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.
In any situation where Special Categories of Data are to be Processed, the basis for the Processing must be clearly recorded with the Personal Data in question.
4.4.3 Data Quality
BOOST 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 BOOST 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.
- 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 or BOOST.
- 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 & Automated Decision-Making
BOOST must ensure that all profiling and automated decision-making relating to a Data Subject is based on accurate data.
4.4.5 Digital Marketing
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 their 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.
4.5 Data Retention
To ensure fair Processing, Personal Data will not be retained by BOOST for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.
4.6 Data Protection
BOOST will adopt physical, technical, and organisational measures to ensure the security of Personal Data. 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.
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 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 collected for different purposes can and is Processed separately.
4.7 Data Subject Requests
BOOST will establish a system to enable and facilitate the exercise of Data Subject rights related to:
- Information access.
- Objection to Processing.
- Restriction of Processing.
- Data portability.
- Data rectification.
- Data erasure.
If an individual makes a request relating to any of the rights listed above, BOOST will consider each such request in accordance with all applicable Data Protection laws and regulations. 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.
Data Subjects are entitled to obtain, based upon a request made in writing to BOOST 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 right of the Data subject to:
- Object to Processing of their Personal Data.
- Lodge a complaint with the Information Commissioners Office (ICO).
- Request rectification or erasure of their Personal Data.
- Request restriction of Processing of their Personal Data
All requests received for access to or rectification of Personal Data must be directed to the Management of BOOST, who will log each request as it is received. A response to each request will be provided within 30 days of the receipt of the written request from the Data Subject. Appropriate verification must confirm that the requestor is the Data Subject or their authorised legal representative. Data Subjects shall have the right to require BOOST to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.
If BOOST cannot respond fully to the request within 30 days, BOOST shall nevertheless provide the following information to the Data Subject, or their authorised legal representative within the specified time:
- An acknowledgement of receipt of the request.
- Any information located to date.
- Details of any requested information or modifications which will not be provided to the Data Subject, the reason(s) for the refusal, and any procedures available for appealing the decision.
- An estimated date by which any remaining responses will be provided.
- An estimate of any costs to be paid by the Data Subject (e.g. where the request is excessive in nature).
- The name and contact information of the BOOST individual who the Data Subject should contact for follow up.
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.
4.8 Law Enforcement Requests & Disclosures
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 the order of a court or by any rule of law.
If BOOST Processes Personal Data for one of these purposes, then it may apply an exception to the Processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question.
4.9 Data Protection Training
All BOOST Employees 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, BOOST will provide Data Protection training and procedural guidance for their staff.
4.10 Data Transfers
BOOST may transfer Personal Data to internal or Third Party recipients.
BOOST may only transfer Personal Data where one of the transfer scenarios list 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.
4.10.1 Transfers to Third Parties
BOOST will only transfer Personal Data to, or allow access by, Third Parties when it is expected that the information will be Processed legitimately and protected appropriately by the recipient.
4.11 Complaints Handling
Data Subjects with a complaint about the Processing of their Personal Data, should put forward the matter in writing to the Management of BOOST. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. BOOST will inform the Data Subject of the progress and the outcome of the complaint within a reasonable period. If the issue cannot be resolved through consultation between the Data Subject and BOOST, then the Data Subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Information Commissioners Office (ICO) within the applicable jurisdiction
4.12 Breach Reporting
Any individual who suspects that a Personal Data Breach has occurred due to the theft or exposure of Personal Data must immediately notify BOOST providing a description of what occurred. Notification of the incident can me made via e-mail or by calling.
BOOST will investigate all reported incidents to confirm whether or not a Personal Data Breach has occurred. If a Personal Data Breach is confirmed, BOOST will follow the relevant authorised procedure based on the criticality and quantity of the Personal Data involved.
5. Policy Maintenance
All inquiries about this policy, including requests for exceptions or changes should be directed to BOOST via e-mail.
This policy shall be available to all BOOST Employees through the BOOST intranet network or via alternative means as deemed appropriate by BOOST.
5.2 Effective Date
This policy is effective as of 25th May 2018.