In its everyday business operations CMS Window Systems makes use of a variety of data about identifiable individuals, including data about:
- Current, past and prospective employees
- Users of its websites
- Other stakeholders
In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps CMS Window Systems is taking to ensure that it complies with it.
This control applies to all systems, people and processes that constitute the organisation’s information systems, including board members, directors, employees, suppliers and other third parties who have access to CMS Window Systems systems.
The following policies and procedures are relevant to this document:
- Data Protection Impact Assessment Process
- Personal Data Mapping Procedure
- Legitimate Interest Assessment Procedure
- Information Security Incident Response Procedure
- GDPR Roles and Responsibilities
- Records Retention and Protection Policy
2 Privacy and Personal Data Protection Policy
2.1 The General Data Protection Regulation
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that CMS Window Systems carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is CMS Window Systems’ policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
There are a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:
Personal data is defined as:
any information relating to an identified or identifiable natural person (‘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;
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;
the 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
2.3 Principles Relating to Processing of Personal Data
There are several fundamental principles upon which the GDPR is based.
These are as follows:
- Personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) 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, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, 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 (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are 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 in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) 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 (‘integrity and confidentiality’).
- The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
CMS Window Systems will ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.
2.4 Rights of the Individual
The data subject also has rights under the GDPR. These consist of:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling.
Each of these rights are supported by appropriate procedures within CMS Window Systems that allow the required action to be taken within the timescales stated in the GDPR.
These timescales are shown in Table 1.
Data Subject Request
The right to be informed
When data is collected (if supplied by data subject) or within one month (if not supplied by data subject)
The right of access
The right to rectification
The right to erasure
Without undue delay
The right to restrict processing
Without undue delay
The right to data portability
The right to object
On receipt of objection
Rights in relation to automated decision making and profiling.
Table 1 - Timescales for data subject requests
2.5 Lawfulness of Processing
There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR. It is CMS Window Systems policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation. The options are described in brief in the following sections.
Unless it is necessary for a reason allowable in the GDPR, CMS Window Systems will always obtain explicit consent from a data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific EU member states) parental consent will be obtained. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.
If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.
2.5.2 Performance of a Contract
Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.
2.5.3 Legal Obligation
If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.
2.5.4 Vital Interests of the Data Subject
In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. CMS Window Systems will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, this may be used in aspects of social care, particularly in the public sector.
2.5.5 Task Carried Out in the Public Interest
Where CMS Window Systems needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
2.5.6 Legitimate Interests
If the processing of specific personal data is in the legitimate interests of CMS Window Systems and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.
2.6 Privacy by Design
CMS Window Systems has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect, or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.
The data protection impact assessment will include:
- Consideration of how personal data will be processed and for what purposes
- Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
- Assessment of the risks to individuals in processing the personal data
- What controls are necessary to address the identified risks and demonstrate compliance with legislation
Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.
2.7 Contracts Involving the Processing of Personal Data
CMS Window Systems will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR. For more information, see the GDPR Controller-Processor Agreement Policy.
2.8 International Transfers of Personal Data
Transfers of personal data outside the European Union will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.
Intra-group international data transfers will be subject to legally binding agreements referred to as Binding Corporate Rules (BCR) which provide enforceable rights for data subjects.
2.9 Data Protection Officer
A defined role of Data Protection Officer (DPO) is required under the GDPR if an organisation is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Based on these criteria, CMS Window Systems does not require a Data Protection Officer to be appointed. However, in the interest of providing stakeholder confidence CMS Window Systems provide a Data Protection Officer.
2.10 Breach Notification
It is CMS Window Systems’ policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security incidents.
Under the GDPR the relevant DPA has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is the higher, for infringements of the regulations.
2.11 Addressing Compliance to the GDPR
The following actions are undertaken to ensure that CMS Window Systems complies at all times with the accountability principle of the GDPR:
- The legal basis for processing personal data is clear and unambiguous
- A Data Protection Officer is appointed with specific responsibility for data protection in the organisation
- All staff involved in handling personal data understand their responsibilities for following good data protection practice
- Training in data protection has been provided to all staff
- Rules regarding consent are followed
- Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
- Regular reviews of procedures involving personal data are carried out
- Privacy by design is adopted for all new or changed systems and processes
- The following documentation of processing activities is recorded:
- Organisation name and relevant details
- Purposes of the personal data processing
- Categories of individuals and personal data processed
- Categories of personal data recipients
- Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place
- Personal data retention schedules
- Relevant technical and organisational controls in place
These actions are reviewed on a regular basis as part of the management process concerned with data protection.
2.12 Finding out the information we hold about you
Customer and employee information will be held both paper form and on our IT systems and will be kept in line with our retention procedure. If you would like a copy of the information we hold about you, you can make a Data Subject Access Request. Please write to: The Data Protection Officer, CMS Window Systems, 10 Caisteal Road, Castlecary, G68 0FS.
Please sign your request and include your full name, address (and a previous address if you have moved and not updated us of your new address), customer account number, type of request (as specified in section 2.4 of this document), the personal data involved, the request details, the justification for the request and date of the request.
Or Email Info@cmswindows.com requesting a data access form.
There may be a small charge for this service – If so we will make it clear.
3 Collecting Personal Information
3.1 We may collect and Store the following Information.
- (a) information about your computer and about your visits to and use of our websites (including your IP address, cookies, geographical location, browser type and version, operating system, referral source, length of visit, page views, and website navigation paths);
- (b) information that you provide to us when registering with our website or subscribing to an email service (including your email address);
- (c) information that you provide when completing your profile on our website (including your name, address and employment details);
- (d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
- (e) information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication); and (i) any other personal information that you choose to send to us;
- (f) information relating to any purchases you make of our services or any other transactions that you enter into through our website or any other means of communication (including your name, address, telephone number, email address);
- (g) Information required for the delivery of our services passed on to us by, data controllers (after gaining your consent) – such as your registered landlord (including your name, address, telephone number, email address).
- (h) information on suppliers (including your company name, company number, tax number, address, telephone number, email address);
- (i) Employee information including any other personal information that you choose to send to us.
- (j) any other personal information that you choose to send to us.
3.2 CMS Employees or Subcontractors– Refer to Employee Privacy Notices.
Available from the HR Department this will include the use of the personal information.
4 Using Personal Information
4.1 Contract or Service Delivery.
Personal information supplied for the purposes of contract delivery will only be used for the purposes of delivery of the contracted services such as:
- (a) administer our website and business systems;
- (b) personalise our website business systems or email communications for you;
- (c) enable your use of the services available on our IT systems;
- (d) send you goods or services;
- (e) send statements, invoices and payment reminders to you, and collect payments from you;
- (f) send you non-marketing commercial communications;
- (g) send you email notifications that you have specifically requested;
- (h) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
- (i) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
- (j) deal with enquiries and complaints made by or about you relating to our website;
- (m) keep our IT systems and website secure and prevent fraud; and
- (n) verify compliance with the terms and conditions governing the use of our IT systems and website (including monitoring private messages sent through our IT systems private messaging service).
4.2 Contract or Service Delivery Disclosure.
We will never disclose any personal information to a third party for marketing or commercial purposes.
5 Disclosure of Personal Information
5.1 Contract or Service Delivery.
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
5.2 Obligated disclosure.
We may disclose your personal information:
- (a) to the extent that we are required to do so by law;
- (b) in connection with any ongoing or prospective legal proceedings;
- (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
- (d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
- (e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
6 Data Retention and Security
6.1 Data Retention.
There are several key general principles that CMS adhere to when considering record retention and protection policy. These are:
- Records must be held in compliance with all applicable legal, regulatory and contractual requirements
- Records must not be held for any longer than required
- The protection of records in terms of their confidentiality, integrity and availability must be in accordance with their security classification
- Records must remain retrievable in line with business requirements always
- Where appropriate, records containing personal data must be subject as soon as possible to techniques that prevent the identification of a living individual
A full copy of the CMS Window Systems record retention policy can be requested by emailing firstname.lastname@example.org.
6.2 Data Security.
CMS take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. All the information is stored secure password protected systems on firewalled networks.
CMS window Systems undergo regular internal and external penetration testing by Accredited companies and are a Cyber Essentials Accredited organisation.