LONDON FREIGHT CLUB (LFC): MAY 2018
London Freight Club (“LFC”) is committed to conducting itself in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct.
This policy sets forth the expected behaviours of LFC Members and Third Parties in relation to the collection, use, retention, transfer, disclosure, and destruction of any Personal Data belonging to LFC contacts (i.e. the Data Subjects).
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. LFC, as a Data Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy. Non-compliance may expose LFC to complaints, regulatory action, fines, and/or reputational damage.
LFC’s leadership (The Committee) is fully committed to ensuring continued and effective implementation of this policy and expects all LFC Members 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 applies to all LFC activities where a Data Subject’s Personal Data is processed:
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 for the Processing and protection of all Personal Data held by LFC.
Committee Member: An individual elected by the Members to administer and run LFC.
Third Party: An external organisation with which LFC conducts business and is also authorised to, under the direct authority of LFC, Process the Personal Data of LFC Contacts.
Personal Data: Any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person.
Contact: Any past, current or prospective LFC member or supplier.
Natural Person: Anyone who can be identified, directly or indirectly, 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.
Data Controller: 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.
Data Subject: The identified or Identifiable Natural Person to which the data refers.
Process: Any operation or set of operations performed on Personal Data or on sets of Personal Data, whether 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.
Data Protection: The process of safeguarding Personal Data from unauthorised or unlawful disclosure, access, alteration, Processing, transfer, or destruction.
Data Processor: A natural or legal person, Public Authority, Agency, or other body which Processes Personal Data on behalf of a Data Controller.
Consent: 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.
Profiling: 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. 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.
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.
Encryption: The process of converting information or data into code, to prevent unauthorised access.
To demonstrate our commitment to Data Protection, and to enhance the effectiveness of our compliance efforts, LFC has established that a Committee Member acts as its Data Protection Officer. The Officer operates with independence and is a suitability skilled Committee Member granted all necessary authority. The Data Protection Officers duties include:
Policy Dissemination & Enforcement
The Officer must ensure that all LFC Members responsible for the Processing of Personal Data are aware of and comply with the contents of this policy.
In addition, the Officer will make sure all Third Parties engaged to Process Personal Data on behalf of LFC are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all Third Parties, whether companies or individuals, prior to granting them access to Personal Data controlled by LFC.
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.
The Officer must ensure that a Data Protection Impact Assessment (DPIA) is considered and if required shall be conducted for all new and/or revised systems or processes for which it has responsibility.
To confirm that an adequate level of compliance is being achieved by LFC in relation to this policy, the officer will carry out an annual Data Protection compliance audit. Each audit will, as a minimum, assess:
The Officer, in cooperation with the Committee, will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable period.
Data Protection Principles
LFC fully accepts all the personal data protection principles embodied in the General Data Protection Regulation (GDPR) together with the corresponding PECR and e-Privacy legislation.
Personal Data should be collected only from the Data Subject unless one of the following apply:
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:
Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:
Data Subject Consent
LFC 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, LFC is committed to seeking such Consent.
The Officer 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:
Data Subject Notification
LFC 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 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 Officer. The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.
External Privacy Notices
The website constructed by LFC will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law. All Privacy and Cookie Notices must be approved by the Officer prior to publication on any such website.
LFC uses the Personal Data of its Contacts for the following broad purposes:
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 LFC to respond to a Contact request for information about the products and services on offer, but not pass on details to third-parties.
LFC will Process Personal Data in accordance with all applicable laws and applicable obligations. More specifically, LFC will not Process Personal Data unless at least one of the legal bases for processing identified within the GDPR are met.
There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original scope for which the Personal Data was collected. When deciding as to the compatibility of the new reason for Processing, guidance and approval must be obtained from the Officer before any such Processing may commence.
In any circumstance where Consent has not been gained for the specific Processing in question, LFC 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:
Special Categories of Data
LFC 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:
In any situation where Special Categories of Data are to be Processed, prior approval must be obtained from the Officer and the basis for the Processing clearly recorded with the Personal Data in question.
Where Special Categories of Data are being Processed, LFC will adopt additional measures.
LFC do not operate any business need for the processing of children’s Personal Data.
LFC 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 LFC to ensure data quality include:
As a rule, LFC will not send promotional or direct marketing material to an LFC Contact through digital channels such as mobile phones, email, and the Internet, without first obtaining their Consent. Any LFC Member wishing to carry out a digital marketing campaign without obtaining prior Consent from the Data Subject must first have it approved by the Officer.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.
To ensure fair Processing, Personal Data will not be retained by LFC for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.
The length of time for which LFC needs to retain Personal Data is set out in the LFC ‘Data Retention Schedule’. This considers the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All Personal Data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.
LFC will adopt physical, technical, and organisational measures to ensure the security of Personal Data. This includes inaccessibility, the prevention of loss or damage, unauthorised alteration, access or Processing, and other risks to which it may be exposed to by human action or the physical or natural environment.
The minimum set of security measures to be adopted by is provided below:
Data Subject Requests
The Officer will establish a system to enable and facilitate the exercise of Data Subject rights related to:
If an individual makes a request relating to any of the rights listed above, LFC 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 the Officer and upon successful verification of their identity, the following information about their own Personal Data:
All requests received for access to or rectification of Personal Data must be directed to the Officer and 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 LFC to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.
If LFC cannot respond fully to the request within 30 days, the Officer shall nevertheless provide the following information to the Data Subject, or their authorised legal representative within the specified time:
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.
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:
If LFC 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.
If LFC receives a request from a court or any regulatory or law enforcement authority for information relating to an LFC Contact, you must immediately notify the Officer who will provide comprehensive guidance and assistance.
Data Protection Training
All LFC Members that have access to Personal Data will have their responsibilities under this policy outlined to them.
Training and procedural guidance will consist of, at a minimum, the following elements:
Data Subjects with a complaint about the Processing of their Personal Data, should put forward the matter in writing to the Officer. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The Officer 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 the Officer, then the Data Subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the ICO.
Any individual who suspects that a Personal Data Breach has occurred due to the theft or exposure of Personal Data must immediately notify the Officer providing a description of what occurred.
The Officer will investigate all reported incidents to confirm whether a Personal Data Breach has occurred. If a Personal Data Breach is confirmed, the Officer will follow the relevant authorised procedure based on the criticality and quantity of the Personal Data involved. For severe Personal Data Breaches, the LFC Directors will initiate an emergency to coordinate and manage the Personal Data Breach response.
This policy is effective as of 20/05/2018.
The Officer is responsible for the maintenance and accuracy of this policy. Notice of significant revisions shall be provided to LFC Members at the AGM. Changes to this policy will come into force immediately.
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