Privacy Policy
Introduction
K9 Protection Ltd ("We") are committed to protecting and respecting your privacy.
This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The rules on processing of personal data are set out in the General Data Protection Regulation (the "GDPR").
1. Definitions
Data controller - A controller determines the purposes and means of processing personal data.
Data processor - A processor is responsible for processing personal data on behalf of a controller.
Data subject - Natural person
Categories of data: Personal data and special categories of personal data
Personal data - The GDPR applies to 'personal data' meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data - The GDPR refers to sensitive personal data as 'special categories of personal data' (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as 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.
Third party - means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
2. Who are we
K9 Protection Ltd is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: Unit 4a The Orion Suite, Newport, NP20 2AQ. For all data matters contact Paul Green on 01633504543.
3. The purpose(s) of processing your personal data
We use your personal data for the following purposes:
As a necessary part of our recruitment, vetting, and employment process in order to ensure staff are suitably vetted to the standards expected of the industry.
Where it is necessary to process data for the prevention of crime, disorder and anti-social behaviour, including intelligence sharing with the local authorities not limited to police and local government.
We may share your data with government agencies upon their request where it is necessary for purposes such as ensuring correct taxes are paid, and reducing fraud. We may share your data with clients where your data directly relates to a crime which has happened on their premises. We may share our employee's personal data with our clients and their subcontractors where it is required for any pre-deployment screening they are required to carry out.
With your consent, we may share your data with third parties for purposes of offering employee benefits. We may share your data with clients on specific sites where they require us to do so in order to comply with site specific vetting requirements.
4. The categories of personal data concerned
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:
Personal data :
Your name, Your date of birth, Your payroll number, Your address, Relevant Licence details, Your HMRC information not limited to your National Insurance number, Visa & Work Permit information. Closed Circuit Television footage, Audio Recordings.
Special categories of data which we process may include:
· Your religious beliefs - which will only be used in order to plan our staffing requirements around specific religious festivals
· Your physical and mental health details may be processed in strict confidence to ensure that we are able to adapt roles where possible.
We will obtain your personal data from you by way of an application form. We may cross reference this information with other companies and government agencies, including but not limited to: HMRC, Credit Reference Agencies, Social Media services.
5. What is our legal basis for processing your personal data
a) Personal data (article 6 of GDPR)
Our lawful basis for processing your general personal data:
Consent of the data subject; Our staff, contractors and clients are clearly informed as to how their data will be processed and give their consent during the collection of their data.
Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract When we are required to provide either a contractual service, or a proposal/quotation in with view to providing a contractual service.
Processing necessary for compliance with a legal obligation K9 Protection Ltd are required to process data in line with reasonable requests from government, judiciary, and law enforcement agencies. For example, in calculating tax and preventing fraud.
Processing necessary to protect the vital interests of a data subject or another person
In case of emergency, we will provide medical information which we hold on file to an emergency care practitioner where we feel the information may be of benefit to providing potentially lifesaving treatment. This may include both employee's personal data, and data collected from members of the public and clients.
Processing necessary for the purposes of the legitimate interests of the data controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the data subject We will use data available to us in order to ensure our team are working at optimal performance and within the assignment instructions laid out. Dependent upon the specific task, the data available to us may comprise of patrol logs, digital patrol tracking information, and closed circuit television.
We will use data available to us in order to aid in crime prevention, and subject to a request from law enforcement providers will share the information we hold where they feel it will be beneficial to building a case. This could include CCTV, access logs, incident reports and details of individuals who may be of interest to the authority concerned.
We will provide our clients with full details of any incident which happened on their premises, or which staff tasked to their premises were involved at the time.
b) Special categories of personal data (article 9 of GDPR)
Our lawful basis for processing your special categories of data:
Explicit consent of the data subject We will process health data of our employees in order to ensure suitability to specific roles and make adaptations to roles where possible, consent to do so is achieved at the time of application.
Processing necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
We will process employee data as necessary, including sharing with HMRC, Nest Pensions, Department of Work & Pensions, and any other government department or their authorised agents for purposes pertaining to ensuring that all legal obligations as an employer are met.
Processing necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent
Where we hold information which is of relevance to a legal case or an immediate protection issue and the data subject is unable to give consent, we will share this with the relevant authorities.
Processing relates to personal data manifestly made public by the data subject
We may process data made public by the data subject in order to make decisions relating to employment. This may include social media, news media, and membership lists of organisations which we deem incompatible with our line of work, such as those that encourage racism, terrorism, or xenophobia.
6. Sharing your personal data
Your personal data will be treated as strictly confidential, and will be shared only with partner companies for vetting purposes, including a credit reference agency as part of our recruitment process. We will share personal data at the request of a law enforcement agency with jurisdiction in England & Wales, for the avoidance of doubt, we include HMRC, Department of Work & Pensions, and UK Border Force within this category .
Where we subcontract elements of our corporate operations, we will ensure that each subcontract company has a privacy policy in place which does not compromise your protection under this policy.
7. How long do we keep your personal data?
We keep your personal data for no longer than reasonably necessary and we only retain your data for the following purposes and use the following criteria to determine how long to retain your personal data:
Staff : Payroll Data - Information will be held for a period of six years, should it be required for inspection by HMRC or other government agencies.
Staff : Personal Data & Conduct - Information will be held for a period of five years from your last employment date. This is in order to allow us to provide relevant information should a reference be requested.
Staff : Re-employment Marker - For a period of ten years after your employment with us, we will retain only the national insurance number of each former employee, along with a "yes" or "no" as to whether we would re-employ them. New applicants will be cross referenced against this list prior to offering a position to people. A decision on the re-employability of an employee will be taken based on the disciplinary and punctuality record of each leaver.
Client : Personal Data - We will retain personal data in order to contact you for as long as you remain our client, and for a period of two years after the last tasking. Where the client is a limited company, we will retain contact information indefinitely.
Incident: Incident Details - We keep a digital log of all incidents indefinitely which is accessible to our management team. This information will include the digital incident report, statements from our staff, and any photography which was attached to the original incident.
Incident: CCTV, Body Worn Audio - We keep CCTV and body worn audio files of incidents for a period of two years from the date of the incident, or the date of conclusion of a criminal investigation, or the conclusion of a court case relating to an incident, whichever is the latter.
8. Providing us with your personal data
We require your personal data as it is a contractual requirement, or a requirement necessary to enter into a contract. Without your personal data, we are unable to carry out vetting required by British Standards.
9. Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
· The right to request a copy of the personal data which we hold about you;
· The right to request that we correct any personal data if it is found to be inaccurate or out of date;
· The right to request your personal data is erased where it is no longer necessary to retain such data;
· The right to withdraw your consent to the processing at any time, WHERE CONSENT WAS YOUR LAWFUL BASIS FOR PROCESSING THE DATA;
· The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
· The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
· The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
10. Transfer of Data Abroad
We use DropBox for convenience to transfer files between ourselves and our accountant. We use Microsoft OneDrive for the transfer and storage for internal use and for sharing large files with clients. We use Google’s photo service for backup and archive of site phone photographs. This data is hosted on encrypted servers in the United Kingdom, The European Union (Ireland), and the United States of America.
11. Automated Decision Making
We use very limited automated decision making by way of validations on our staff application form. Applicants from staff who are not appropriately licensed or do not hold the correct qualifications for a role which they are applying for will be rejected. The applicant will be able to apply for future roles without prejudice.
12. Further processing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
13. Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
14. How to make a complaint
To exercise all relevant rights, queries or complaints please in the first instance contact our data protection officer (Paul Green) on 01633504543.
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.
