Privacy Notice

1. Introduction

This Policy sets out the obligations of Mander Duffill, a company registered in England & Wales under number 06962383, whose registered office is The Old Post Office, 41-43 Market Place, Chippenham, Wiltshire SN15 3HR (“the Company”) regarding data protection and the rights of clients and business contacts (“data subjects”) in respect of their personal data under UK Data Protection Act 2018 – General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.

The Company is committed not only to the letter of the law but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

2. The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

• Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
• Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
• Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
• Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay.
• 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. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.
• 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, using appropriate technical or organisational measures.

3. The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (for more information, please refer to the parts of this policy as indicated):

• The right to be informed (Part 12);
• The right of access (Part 13);
• The right to rectification (Part 14);
• The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
• The right to restrict processing (Part 16); and
• The right to object (Part 18).

4. Lawful, Fair, and Transparent Data Processing
   • The GDPR seeks to ensure that personal data is processed lawfully, fairly and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
     • The data subject has given consent to the processing of their personal data for one or more specific purposes;
     • The processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract with them;
     • The processing is necessary for compliance with a legal obligation to which the data controller is subject;
     • The processing is necessary to protect the vital interests of the data subject or of another natural person;
     • The 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; or
     • The 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 fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
   • If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, political views, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
     • The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless UK law prohibits them from doing so);
     • The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security and social protection law (insofar as it is authorised by UK law or a collective agreement pursuant to UK law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
     • 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;
     • The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious or trade union aim and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes, and that the personal data is not disclosed outside the body without the consent of the data subjects;
     • The processing relates to personal data which is clearly made public by the data subject;
     • The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
     • The processing is necessary for substantial public interest reasons on the basis of UK law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
     • The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment or the management of health or social care systems or services on the basis of UK law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
     • The processing is necessary for public interest reasons in the area of public health (for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices), on the basis of UK law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
     • The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR based on UK law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.

5. Specified, Explicit, and Legitimate Purposes
   • The Company collects and processes the personal data set out in Part 21 of this Policy. This includes:
     • Personal data collected directly from data subjects; and
     • Personal data obtained from third parties.
   • The Company only collects, processes, and holds personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the GDPR).
   • Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

6. Adequate, Relevant, and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as set out in Part 5, above, and in Part 21, below.

7. Accuracy of Data and Keeping Data Up-to-Date
   • The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.
   • The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

8. Data Retention
   • The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held and processed.
   • When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
   • For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.

9. Secure Processing

The Company shall ensure that all personal data collected, held and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.

10. Accountability and Record-Keeping
    • The Company’s Data Protection Officer is Mr J M Duffill FCA (jmd@manderduffill.com).
    • The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy and the Company’s other data protection related policies, and with the GDPR and other applicable data protection legislation.
    • The Company shall keep written internal records of all personal data collection, holding and processing, which shall incorporate the following information:
      • The name and details of the Company, its Data Protection Officer and any applicable third-party data processors;
      • The purposes for which the Company collects, holds and processes personal data;
      • Details of the categories of personal data collected, held and processed by the Company and the categories of data subject to which that personal data relates;
      • Details of any transfers of personal data to non-UK countries including all mechanisms and security safeguards;
      • Details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy); and
      • Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

11. Data Protection Impact Assessments
    • The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and where the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
    • Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
      • The type(s) of personal data that will be collected, held and processed;
      • The purpose(s) for which personal data is to be used;
      • The Company’s objectives;
      • How personal data is to be used;
      • The parties (internal and/or external) who are to be consulted;
      • The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
      • Risks posed to data subjects;
      • Risks posed both within and to the Company; and
      • Proposed measures to minimise and handle identified risks.

12. Data Subjects Notification

The Company 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 approved in advance by the Company’s Data Protection Officer. The associated receipt or form should be retained, together with a record of the facts, date, content and method of disclosure.

13. Data Subject Access
    • Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
    • Employees wishing to make a SAR should do so using a Subject Access Request Form, sending the form to the Company’s Data Protection Officer at jmd@manderduffill.com.
    • Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
    • All SARs received shall be handled by the Company’s Data Protection Officer.
    • The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

14. Rectification of Personal Data
    • Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
    • The Company shall rectify the personal data in question and inform the data subject of that rectification within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
    • In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

15. Erasure of Personal Data
    • Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
      • It is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
      • The data subject wishes to withdraw their consent to the Company holding and processing their personal data;
      • The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);
      • The personal data has been processed unlawfully;
      • The personal data needs to be erased in order for the Company to comply with a particular legal obligation;
    • Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with and the data subject informed of the erasure within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
    • In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

16. Restriction of Personal Data Processing
    • Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount (if any) of personal data concerning that data subject that is necessary to ensure that the personal data in question is not processed further.
    • In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

17. Profiling
    • The Company uses personal data for profiling purposes. This is used to profile clients using its database, Iris.
    • When personal data is used for profiling purposes, the following shall apply:
      • Clear information explaining the profiling shall be provided to data subjects, including the significance and likely consequences of the profiling;
      • Appropriate mathematical or statistical procedures shall be used;
      • Technical and organisational measures shall be implemented to minimise the risk of errors. If errors occur, such measures must enable them to be easily corrected; and
      • All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 20 to 24 of this Policy for more information on data security).

18. Objections to Personal Data Processing
    • Data subjects have the right to object to the Company processing their personal data based on legitimate interests and direct marketing (including profiling).
    • Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms, or that the processing is necessary for the conduct of legal claims.
    • Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing immediately.

19. Personal Data Collected, Held and Processed

The following personal data is collected, held and processed by the Company (for details of data retention, please refer to the Company’s Data Retention Policy):

• Personal details (for example, your name and/or address);
• Details of contact the Company has had with the data subject in relation to the provision or the proposed provision of its services;
• Details of any services the data subject has received from the Company;
• The Company’s correspondence and communications with the data subject;
• Information about any enquiries and/or complaints made by the data subject to the Company;
• Information from research, surveys and marketing activities; and
• Information it receives from other sources, such as publicly available information, information provided by the data subject’s employer or the Company’s clients.

20. Data Security – Transferring Personal Data and Communications

The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

• All emails containing personal data may be encrypted;
• Personal data may be transmitted over secure networks only. Transmission over unsecured networks is not permitted in any circumstances;
• Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
• Where personal data is to be sent by facsimile transmission, the recipient should be informed in advance of the transmission;
• Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient or sent using a postal service; and

21. Data Security – Storage

The Company shall ensure that the following measures are taken with respect to the storage of personal data:

• All electronic copies of personal data should be stored securely using passwords;
• All hardcopies of personal data, together with any electronic copies stored on physical, removable media, should be stored securely in a locked box, drawer, cabinet or similar;
• All personal data stored electronically should be backed up daily with back-ups stored off-site. All back-ups should be encrypted using 256-bit AES encryption;
• No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets and smartphones), whether such device belongs to the Company or otherwise, without the formal written approval of the Managing Partner, Julian Duffill, or the Practice Associate Director, Mike Parfitt, and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given and for no longer than is absolutely necessary; and
• No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken).

22. Data Security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to the Company’s Data Retention Policy.

23. Data Security – Use of Personal Data

The Company shall ensure that the following measures are taken with respect to the use of personal data:

• No personal data may be shared informally, and if an employee, agent, sub-contractor or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from the Managing Partner, Julian Duffill, or the Practice Associate Director, Mike Parfitt;
• No personal data may be transferred to any employees, agents, contractors or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of the Managing Partner, Julian Duffill, or the Practice Associate Director, Mike Parfitt;
• Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors or other parties at any time;
• If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
• Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Managing Partner, Julian Duffill, or the Practice Associate Director, Mike Parfitt, to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

24. Data Security – IT Security

The Company shall ensure that the following measures are taken with respect to IT and information security:

• All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters and numbers;
• Under no circumstances should any passwords be written down or shared between any employees, agents, contractors or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
• All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; and
• No software may be installed on any Company-owned computer or device without the prior approval of the Managing Partner, Julian Duffill, or the Practice Associate Director, Mike Parfitt.

25. Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

• All employees, agents, contractors or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under this Policy and shall be provided with a copy of this Policy;
• Only employees, agents, sub-contractors or other parties working on behalf of the Company that need access to and use of personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
• All employees, agents, contractors or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
• All employees, agents, contractors or other parties working on behalf of the Company handling personal data will be appropriately supervised;
• All employees, agents, contractors or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
• Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
• All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
• The performance of those employees, agents, contractors or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
• All employees, agents, contractors or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
• All agents, contractors or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the GDPR; and
• Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

26. Transferring Personal Data to a Country Outside of the UK

We will not transfer Data to a country or territory outside the UK unless that country ensures an adequate level of protection for the processing of personal data. We will provide the appropriate checks in such circumstances and obtain the measures of that entity in respect of GDPR.

27. Data Breach Notification
    • All personal data breaches must be reported immediately to the Company’s Data Protection Officer.
    • If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (for example, financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and, in any event, within 72 hours after having become aware of it.
    • In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that set out in Part 27.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
    • Data breach notifications shall include the following information:
      • The categories and approximate number of data subjects concerned;
      • The categories and approximate number of personal data records concerned;
      • The name and contact details of the Company’s Data Protection Officer (or other contact point where more information can be obtained);
      • The likely consequences of the breach;
      • Details of the measures taken or proposed to be taken by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

28. Implementation of Policy

This Policy shall be deemed effective as of 26 October 2022. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.