1. Introduction

    This Policy sets out the obligations of Collinge & Co Limited, a company registered in England and Wales under registration number 01275240, whose registered address is 127 Telegraph Road, Heswall CH60 0AF, United Kingdom (“the Company”) regarding data protection and the rights of salon clients, apprentices of Collinge & Co Training Limited, website customers, business contacts and employees (“data subjects”) in respect of their personal data under the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018 (“DPA 2018”).

    The UK GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “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.

    This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.

    The policy also sets out policies in respect of “company data”, that is any data that pertains to: the company’s performance; any sales data; company trade secrets; or Intellectual Property.

    The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

  2. The Data Protection Principles

    1. This Policy aims to ensure compliance with the UK GDPR and the DPA 2018. The UK GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
      1. Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
      2. 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 not be considered to be incompatible with the initial purposes.
      3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
      4. Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
      5. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is 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, subject to implementation of the appropriate technical and organisational measures required by the UK GDPR in order to safeguard the rights and freedoms of the data subject.
      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.

  3. The Rights of Data Subjects

    1. The UK GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):The right to be informed (Part 12).
      1. The right of access (Part 13);
      2. The right to rectification (Part 14);
      3. The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
      4. The right to restrict processing (Part 16);
      5. The right to data portability (Part 17);
      6. The right to object (Part 18); and
      7. Rights with respect to automated decision-making and profiling (Parts 19 and 20).

  4. Lawful, Fair, and Transparent Data Processing

    1. The UK GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The UK GDPR states that processing of personal data shall be lawful if at least one of the following applies:
      1. The data subject has given consent to the processing of their personal data for one or more specific purposes;
      2. The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
      3. The processing is necessary for compliance with a legal obligation to which the data controller is subject;
      4. The processing is necessary to protect the vital interests of the data subject or of another natural person;
      5. The 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; or
      6. The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
    2. If the personal data in question is “special category data” (also known as “sensitive personal data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
      1. The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless applicable law prohibits them from doing so);
      2. The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by applicable law or a collective agreement which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
      3. The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
      4. The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
      5. The processing relates to personal data which is clearly made public by the data subject;
      6. The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
      7. The processing is necessary for substantial public interest reasons, on the basis of applicable law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
      8. The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of applicable law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the UK GDPR;
      9. The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of applicable law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
      10. The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the UK GDPR based on applicable law 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 the fundamental rights and the interests of the data subject.

  5. Specified, Explicit, and Legitimate Purposes

    1. The Company collects and processes the personal data set out in the section on Personal Data Collected, Held, and Processed. This includes:
      1. Personal data collected directly from data subjects; and
      2. Personal data obtained from third parties.
    2. The Company only collects, processes, and holds personal data for the specific purposes set out in the section on Personal Data Collected, Held, and Processed (or for other purposes expressly permitted by the UK GDPR and the DPA 2018).
    3. Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

  6. Adequate, Relevant, and Limited Data Processing

    1. The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5, above, and as set out in the section on Personal Data Collected, Held, and Processed.

  7. Accuracy of Data and Keeping Data Up-to-Date

    1. The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.
    2. The accuracy of personal data shall be checked when it is collected, (for salon clients only) as new appointments are attended, (for apprentices only) during reviews or programme completion and (for employees only) at each payroll. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

  8. Data Retention

    1. The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
    2. When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
    3. For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.

  9. Secure Processing

    1. The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 22 to 27 of this Policy.

  10. Accountability and Record-Keeping

    1. The company does not have a Company’s Data Protection Officer, however the Managing Director, Charles Collinge is responsible for the protection of data as the specified Data Compliance Officer.
    2. The Data Compliance Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other data protection-related policies, and with the UK GDPR, the DPA 2018, and other applicable data protection legislation.
    3. The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
      1. The name and details of the Company and any applicable third-party data processors;
      2. The purposes for which the Company collects, holds, and processes personal data;
      3. Details of the categories of personal data collected, held, and processed by the Company, and the categories of data subject to which that personal data relates;
      4. Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
      5. Details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy); and
      6. Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

  11. Data Protection Impact Assessments

    1. The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data.
    2. Data Protection Impact Assessments shall be overseen by the Data Compliance Officer and shall address the following:
      1. The type(s) of personal data that will be collected, held, and processed;
      2. The purpose(s) for which personal data is to be used;
      3. The Company’s objectives;
      4. How personal data is to be used;
      5. The parties (internal and/or external) who are to be consulted;
      6. The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
      7. Risks posed to data subjects;
      8. Risks posed both within and to the Company; and
      9. Proposed measures to minimise and handle identified risks.

  12. Keeping Data Subjects Informed

    1. The Company shall provide the information set out in Part 12.2 to every data subject:
      1. Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
      2. Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:
        1. if the personal data is used to communicate with the data subject, when the first communication is made; or
        2. if the personal data is to be transferred to another party, before that transfer is made; or
        3. as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
    2. The following information shall be provided:

  13. Data Subject Access

  14. Rectification of Personal Data

  15. Erasure of Personal Data

  16. Restriction of Personal Data Processing

  17. Data Portability

  18. Objections to Personal Data Processing

  19. Automated Decision-Making

  20. Profiling