GDPR Policy

GENERAL DATA PROTECTION REGULATIONS (GDPR) POLICY

Contents

• Introduction
• Definitions
• Data processing under the Data Protection Laws
              1.The data protection principles
              2. Legal bases for processing
              3.Privacy by design and by default
• Rights of the Individual
              1.Privacy notices
              2.Subject access requests
              3. Rectification
              4.Erasure
              5. Restriction of processing
              6. Data portability
              7. Object to processing
              8. Enforcement of rights
              9.Automated decision making

Personal data breaches
• Personal data breaches where the Company is the data controller
• Personal data breaches where the Company is the data processor
• Communicating personal data breaches to individuals
• The Human Rights Act 1998
• Complaints
• Appendix
• Annex – legal bases for processing personal data

 

Introduction
All organisations that process personal data are required to comply with data protection
legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the
EU General Data Protection Regulation (together the ‘Data Protection Laws’). The Data
Protection Laws give individuals (known as ‘data subjects’) certain rights over their personal
data whilst imposing certain obligations on the organisations that process their data.
As a company which provides Sports Coaching activity sessions, the Company collects and
processes both personal data and sensitive personal data. It is required to do so to comply
with other legislation. It is also required to keep this data for different periods depending on
the nature of the data.

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This policy sets out how the Company implements the Data Protection Laws. It should be read
in conjunction with the Data Protection Procedure.

 

In this policy the following terms have the following meanings:

‘consent’ means any freely given, specific, informed and unambiguous indication of an
individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies
agreement to the processing of persona data relating to him or her;

‘data controller’ means an individual or organisation which, alone or jointly with others,
determines the purposes and means of the processing of personal data;

‘data processor’ means an individual or organisation which processes personal data on
behalf of the data controller;

‘personal data’* means any information relating to an individual who can be identified, such
as by 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.

‘personal data breach’ means a breach of security leading to the accidental or unlawful
destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;

‘processing’ means any operation or set of operations performed on personal data, such as
collection, recording, organisation, structuring, storage (including archiving), adaptation or
alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise
making available, alignment or combination, restriction, erasure or destruction.

‘sensitive personal data’* means personal data revealing racial or ethnic origin, political
opinions, religious or philosophical beliefs, or trade union membership, and the processing of
genetic data, biometric data, data concerning health, an individual’s sex life or sexual
orientation and an individual’s criminal convictions.

* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal
data’ except where we specifically need to refer to sensitive personal data.

‘Supervisory authority’ means an independent public authority which is responsible for
monitoring the application of data protection. In the UK the supervisory authority is the
Information Commissioner’s Office (ICO).

All of these definitions are italicised throughout this policy to remind the reader that
they are defined terms.

 

The Company processes personal data in relation to its own staff, work-seekers and individual
client contacts and is a data controller for the purposes of the Data Protection Laws.

The Company has registered with the ICO and its registration number is ZA388416.

The Company may hold personal data on individuals for the following purposes:

        • Staff administration;

        • Advertising, marketing and public relations
        • Accounts and records;
        • Administration and processing of Parent and Child personal data for the
purposes of providing Sports Coaching Sessions, including processing using
software solution providers and back office support;

​

1. The data protection principles
The Data Protection Laws require the Company acting as either data controller or data
processor to process data in accordance with the principles of data protection. These require
that personal data is:
1. Processed lawfully, fairly and in a transparent manner;
2. Collected for specified and legitimate purposes and not further processed in a manner that
is incompatible with those purposes;
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which
they are processed;
4. Accurate and kept up to date; every reasonable step must be taken to ensure that personal
data that are inaccurate, having regard to the purposes for which they are processed, are
erased or rectified without delay;
5. Kept for no longer than is necessary for the purposes for which the personal data are
processed;
6. 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; and that
7. The data controller shall be responsible for, and be able to demonstrate, compliance with
the principles.

 

2. Legal bases for processing
The Company will only process personal data where it has a legal basis for doing so (see
Annex A). Where the Company does not have a legal reason for processing personal data
any processing will be a breach of the Data Protection Laws.
The Company will review the personal data it holds on a regular basis to ensure it is being
lawfully processed and it is accurate, relevant and up to date and those people listed in the
Appendix shall be responsible for doing this.
Before transferring personal data to any third party (such as suppliers, customers and clients,
intermediaries, persons making an enquiry or complaint and any other third party (such as
software solutions providers and back office support, the Company will establish that it has a
legal reason for making the transfer.

 

3. Privacy by design and by default
The Company has implemented measures and procedures that adequately protect the privacy
of individuals and ensures that data protection is integral to all processing activities. This
includes implementing measures such as:
• data minimisation (i.e. not keeping data for longer than is necessary);
• anonymisation
• cyber security

• Data Encryption

The Company shall provide any information relating to data processing to an individual in a
concise, transparent, intelligible and easily accessible form, using clear and plain language.
The information shall be provided in writing, or by other means, including, where appropriate,
by electronic means.

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The Company may provide this information orally if requested to do so by the individual.

 

1. Privacy notices
Where the Company collects personal data from the individual, the Company will give the
individual a privacy notice at the time when it first obtains the personal data.

Where the Company collects personal data other than from the individual directly, it will give
the individual a privacy notice within a reasonable period after obtaining the personal data, but
at the latest within one month. If the Company intends to disclose the personal data to a third
party, then the privacy notice will be issued when the personal data are first disclosed (if not
issued sooner).

Where the Company intends to further process the personal data for a purpose other than that
for which the data was initially collected, the Company will give the individual information on
that other purpose and any relevant further information before it does the further processing.

 

2. Subject access requests
The individual is entitled to access their personal data on request from the data controller.

 

3. Rectification
The individual or another data controller at the individual’s request, has the right to ask the
Company to rectify any inaccurate or incomplete personal data concerning an individual.

If the Company has given the personal data to any third parties it will tell those third parties
that it has received a request to rectify the personal data unless this proves impossible or
involves disproportionate effort. Those third parties should also rectify the personal data they
hold – however the Company will not be in a position to audit those third parties to ensure that
the rectification has occurred.

 

4. Erasure
The individual or another data controller at the individual’s request, has the right to ask the
Company to erase an individual’s personal data.

If the Company receives a request to erase it will ask the individual if s/he wants his personal
data to be removed entirely or whether s/he is happy for his or her details to be kept on a list
of individuals who do not want to be contacted in the future (for a specified period or
otherwise). The Company cannot keep a record of individuals whose data it has erased so
the individual may be contacted again by the Company should the Company come into
possession of the individual’s personal data at a later date.

If the Company has made the data public, it shall take reasonable steps to inform other data
controllers and data processors processing the i to erase the personal data,
taking into account available technology and the cost of implementation.

If the Company has given the personal data to any third parties it will tell those third parties
that it has received a request to erase the personal data, unless this proves impossible or
involves disproportionate effort. Those third parties should also rectify the personal data they
hold – however the Company will not be in a position to audit those third parties to ensure that
the rectification has occurred.

 

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5. Restriction of processing
The individual or a data controller at the individual’s request, has the right to ask the Company
to restrict its processing of an individual’s personal data where:
        • The individual challenges the accuracy of the personal data;
        • The processing is unlawful, and the individual opposes its erasure;
        • The Company no longer needs the personal data for the purposes of the processing,
but the personal data is required for the establishment, exercise or defence of legal
claims; or
        • The individual has objected to processing (on the grounds of a public interest or
legitimate interest) pending the verification whether the legitimate grounds of the
Company override those of the individual.

If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort.

Those third parties should also rectify the personal data they hold – however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.

 

6. Data portability
The individual shall have the right to receive personal data concerning him or her, which he or
she has provided to the Company, in a structured, commonly used and machine-readable
format and have the right to transmit those data to another data controller in circumstances
where:
         • The processing is based on the individual’s consent or a contract; and
         • The processing is carried out by automated means.
Where feasible, the Company will send the personal data to a named third party on the
individual’s request.

 

7. Object to processing
The individual has the right to object to their personal data being processed based on a public
interest or a legitimate interest. The individual will also be able to object to the profiling of their
data based on a public interest or a legitimate interest.

The Company shall cease processing unless it has compelling legitimate grounds to continue
to process the personal data which override the individual’s interests, rights and freedoms or
for the establishment, exercise or defence of legal claims.

The individual has the right to object to their personal data for direct marketing.

​

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8. Enforcement of rights
All requests regarding individual rights should be sent to the person whose details are listed in the Appendix.

The Company shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision-making
processes or profiling within one month of receipt of the request. The Company may extend this period for two further months where necessary, taking into account the complexity and the number of requests.

Where the Company considers that a request under this section is manifestly unfounded or
excessive due to the request’s repetitive nature the Company may either refuse to act on the
request or may charge a reasonable fee taking into account the administrative costs involved.

 

9. Automated decision making
The Company will not subject individuals to decisions based on automated processing that
produce a legal effect or a similarly significant effect on the individual, except where the
automated decision:
        • Is necessary for the entering into or performance of a contract between the data
controller and the individual;
        • Is authorised by law; or
        • The individual has given their explicit consent.

The Company will not carry out any automated decision-making or profiling using the personal data of a child.

 

Reporting personal data breaches
All data breaches should be referred to the persons whose details are listed in the Appendix.

 

1. Personal data breaches where the Company is the data controller:
Where the Company establishes that a personal data breach has taken place, the Company
will take steps to contain and recover the breach. Where a personal data breach is likely to
result in a risk to the rights and freedoms of any individual the Company will notify the ICO.
Where the personal data breach happens outside the UK, the Company shall alert the relevant
supervisory authority for data breaches in the effected jurisdiction.

 

2. Personal data breaches where the Company is the data processor:
The Company will alert the relevant data controller as to the personal data breach as soon as
they are aware of the breach.

 

3. Communicating personal data breaches to individuals
Where the Company has identified a personal data breach resulting in a high risk to the rights
and freedoms of any individual, the Company shall tell all affected individuals without undue
delay.

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The Company will not be required to tell individuals about the personal data breach where:

          • The Company has implemented appropriate technical and organisational protection
measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as
encryption.
        • The Company has taken subsequent measures which ensure that the high risk to the
rights and freedoms of the individual is no longer likely to materialise.
         • It would involve disproportionate effort to tell all affected individuals. Instead, the
Company shall make a public communication or similar measure to tell all affected
individuals.

 

All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing
with personal data these should be respected at all times:
        • Right to respect for private and family life (Article 8).
        • Freedom of thought, belief and religion (Article 9).
        • Freedom of expression (Article 10).
        • Freedom of assembly and association (Article 11).

 

Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).

 

If you have a complaint or suggestion about the Company’s handling of personal data then
please contact the person whose details are listed in the Appendix to this policy.

Alternatively, you can contact the ICO directly on 0303 123 1113 or at
https://ico.org.uk/global/contact-us/email/

 

The List of names below are responsible for:
       • adding, amending or deleting personal data;
       • responding to subject access requests/requests for rectification, erasure, restriction
data portability, objection and automated decision-making processes and profiling;
       • reporting data breaches/dealing with complaints; and/or
       • details of the Data Protection Officer where applicable Mr Angelo Ciccarelli, Director.

Appendix
a) The lawfulness of processing conditions for personal data are:
1. Consent of the individual for one or more specific purposes.
2. Processing is necessary for the performance of a contract with the individual or in order
to take steps at the request of the individual to enter into a contract.
3. Processing is necessary for compliance with a legal obligation that the controller is
subject to.
4. Processing is necessary to protect the vital interests of the individual or another
person.
5. 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.
6. Processing is necessary for the purposes of legitimate interests pursued by the
controller or a third party, except where such interests are overridden by the interests
or fundamental rights or freedoms of the individual which require protection of personal
data, in particular where the individual is a child.

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b) The lawfulness of processing conditions for sensitive personal data are:
1. Explicit consent of the individual for one or more specified purposes, unless reliance
on consent is prohibited by EU or Member State law.
2. Processing is necessary for carrying out data controller’s obligations under
employment, social security or social protection law, or a collective agreement,
providing for appropriate safeguards for the fundamental rights and interests of the
individual.
3. Processing is necessary to protect the vital interests of the individual or another
individual where the individual is physically or legally incapable of giving consent.
4. In the course of its legitimate activities, processing is carried out with appropriate
safeguards by a foundation, association or any other not-for-profit body, with a political,
philosophical, religious or trade union aim and on condition that the processing relates
only to members or former members (or those who have regular contact with it in
connection with those purposes) and provided there is no disclosure to a third party
without the consent of the individual.
5. Processing relates to personal data which are manifestly made public by the individual.
6. Processing is necessary for the establishment, exercise or defence of legal claims or
whenever courts are acting in their judicial capacity.
7. Processing is necessary for reasons of substantial public interest on the basis of EU
or Member State law which shall be proportionate to the aim pursued, respects the
essence of the right to data protection and provide for suitable and specific measures
to safeguard the fundamental rights and interests of the individual.
8. Processing is necessary for the purposes of preventative or occupational medicine, for
assessing the working capacity of the employee, medical diagnosis, the provision of
health or social care or treatment or the management of health or social care systems
and services on the basis of EU or Member State law or a contract with a health
professional and subject to the necessary conditions and safeguards.
9. Processing is necessary for reasons of public interest in the area of public health, such
as protecting against serious cross-border threats to health or ensuring high standards
of quality and safety of healthcare and of medicinal products or medical devices, on
the basis of EU or Member State law which provides for suitable and specific measures
to safeguard the rights and freedoms of the individual, in particular professional
secrecy.
10. Processing is necessary for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes, 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 fundamental rights and interests of the individual.