1. Policy Statement
For the purpose of applicable data protection legislation, the data controller of your personal data is: Wind & Sun Ltd of Humber Marsh, Stoke Prior, Leominster, Herefordshire, HR6 0NR (our registered address). Our data protection representative can be contacted at email@example.com or:
Wind & Sun Ltd
Every day Wind & Sun will receive, use and store personal information about our stakeholders, customers and colleagues. It is important that this information is handled lawfully and appropriately in line with the requirements of the UK Data Protection Act 1998/the European Data Protection Directive 95/46/EC/General Data Protection Regulation 2018 and any successor legislation (collectively referred to as the ‘Data Protection Requirements’).
We take our data protection duties seriously, because we respect the trust that is being placed in us to use personal information appropriately and responsibly.
2. About This Policy
This policy, and any other documents referred to in it, sets out the basis on which we will process any personal data we collect or process.
This policy does not form part of any employee’s contract of employment and may be amended at any time.
Wind & Sun is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to firstname.lastname@example.org
3. What is Personal Data
Personal data means data (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data (or from that data and other information in our possession)
Processing is any activity that involves use of personal data. It includes obtaining, recording or holding the data, organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes personal data about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic, biometric, physical or mental health condition, sexual orientation or sexual life. It can also include data about criminal offences or convictions. Sensitive personal data can only be processed under strict conditions, including with the consent of the individual. We store no sensitive data.
4. Data Protection Principles
Anyone processing personal data at Wind & Sun must ensure that data is:
- Processed fairly, lawfully and in a transparent manner.
- Collected for specified, explicit and legitimate purposes and any further processing is completed for a compatible purpose.
- Adequate, relevant and limited to what is necessary for the intended purposes.
- Accurate, and where necessary, kept up to date.
- Kept in a form which permits identification for no longer than necessary for the intended purposes.
- Processed in line with the individual’s rights and 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.
- Not transferred to people or organisations situated in countries without adequate protection and without firstly having advised the individual.
5. How We Use Your Data - Fair and Lawful Processing
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.
In accordance with the Data Protection Requirements, we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): whether the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.
In the course of our business, we may collect and process personal data. This may include data we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, location data, business partners, sub-contractors in technical, payment and delivery services and others).
We will only process personal data for the specific purposes set out as shown below or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
- In order to produce a quotation, or process an order
- In order to comply with local and international laws
- From time to time we may call or email you to keep you updated about products you may be interested in, new product developments, pricing information, industry news and/or events, etc. This information should be relevant and of interest to you based on you having entered into a contract of sale, taken steps to enter into a contract of sale or have consented
- If it is essential to help protect yours or someone else’s life
6. Notifying Individuals
If we collect personal data directly from an individual, we will inform them about:
- The purpose or purposes for which we intend to process that personal data, as well as the legal basis for the processing.
- Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
- The types of third parties, if any, with which we will share or disclose that personal data.
- The fact that the business intends to transfer personal data to a non-EEA country or international organisation and the appropriate and suitable safeguards in place.
- How individuals can limit our use and disclosure of their personal data.
- Information about the period that their information will be stored or the criteria used to determine that period.
- Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
- Their right to object to processing and their right to data portability.
- Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
- The right to lodge a complaint with the Information Commissioners Office.
- Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
- Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
- The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible (in addition to telling them about the categories of personal data concerned) but at the latest within 1 month or in the case we will be communicating with the data subject, when the data is used for the communication.
We will also inform data subjects whose personal data we process that we are the data controller with regard to that data.
7. Adequate, Relevant and Non-excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
8. Accurate Data
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
9. Timely Processing
Once consent has been given for us to store data, we will store data for as long as the information can be of use to us, unless you specifically contact us otherwise. We retain information for as long as is required for the data’s intended purpose, and normally, due to data archiving and disaster recovery policies, for at least seven years as required to perform full data recovery in the event of a full disaster. We will not keep personal data longer than is necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.
10. Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular their right to:
- Confirmation as to whether or not personal data concerning the individual is being processed.
- Request access to any data held about them by a data controller (see also Clause 15 Subject Access Requests).
- Request rectification, erasure or restriction on processing of their personal data.
- Lodge a complaint with a supervisory authority.
- Data portability.
- Object to processing including for direct marketing.
- Not be subject to automated decision making including profiling in certain circumstances.
At any time you can request (by emailing email@example.com ).
- to see what data Wind & Sun holds about you
- to change the data that Wind & Sun has about you
- for Wind & Sun to delete the data we hold about you
Children Under 13
Our Services are not directed to children under age 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details below. If we learn that personal data has been collected from a child under 13, then we will delete such information from our files as soon as reasonably practicable.
11. Data Security
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if they agree to comply with those procedures and policies, or if they put in place adequate measures themselves.
We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
Confidentiality means that only people who are authorised to use the data can access it.
- Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
- Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on Wind & Sun's central computer system instead of individual PCs.
Security procedures include:
- Entry controls. Any stranger seen in entry-controlled areas should be reported.
- Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
- Data minimisation
- Pseudonymisation and encryption of data
- Methods of disposal - Paper documents should be shredded. Digital storage devices should be physically destroyed when they are no longer required.
- Staff must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Transferring Personal Data Outside of the EEA
12. Disclosure and Sharing of Personal Data
Your personal data will be treated as strictly confidential and will be shared only with relevant Wind & Sun staff and external third party services providers.
If you have given us consent to do so we may share your personal data with external companies in order to process a referral.
We may also share your personal data with other organisations where we are legally obliged.
Third Party Services Providers
We may share your personal data with our service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, hosting our services, supporting our services functionality, and supporting contests, sweepstakes, surveys and other features offered through this Services. These service providers may have access to personal data to the extent needed to perform their functions on Wind & Sun’s behalf.
Some data may be shared with our bank (HSBC) in order to process payments. People who submit their data in order to facilitate payments agree to store their data as per HSBC’s Privacy Notice
We upload some personal details to MailChimp so we can use this platform to send emails. All emails will have an unsubscribe link, additionally people can request to not receive them anymore by emailing firstname.lastname@example.org. Please also see MailChimp’s Privacy and Terms.
13. Subject Access Requests
Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it to email@example.com immediately.
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
- We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
- We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
Where a request is made electronically, data will be provided electronically where possible.
14. How we collect and store data
We maintain a central secure database where we store contact details and information about organisations and individuals.
Our website www.windandsun.co.uk has the functionality for users to open a Trade account at Wind & Sun. This feeds into our central secure database.
The servers hosting this website automatically collect logs that may record statistical information such as visitors’ IP addresses, type of operating systems, time of visit, web pages requested etc, and identify categories of visitors by items such as domains and browser types. These usage statistics are used to improve our websites and maintain site security. The information in these logs is never used by us in a personally identifiable way, although they may be able to identify or show the individual ISP or company accessing the site. Your ISP or organisation may make such data available that would allow personal identification, but we do not use this data.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We, like many organisations, use traffic cookies on both of our sites to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
15. Changes to this Policy
We reserve the right to change this policy at any time. Where appropriate, we will notify changes by mail or email.