Privacy Policy

Applied Thermal Control Ltd

Data Protection Policy

1. Introduction

1.1 Applied Thermal Control Ltd recognises its’ responsibilities in complying with the General Data Protection Regulation (GDPR).

1.2 This Policy sets out the requirements to ensure compliance with laws and regulations applicable to the collection, storage, use, processing and transfer of personal data. It applies to all staff and agency employees, and all suppliers and clients who receive personal data from the Company, have access to personal data collected or processed by the Company, or who provide information to the Company.

1.3 ‘Personal data’ means 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.  

2. Responsibility

2.1 The Company’s data protection is the responsibility of the Sales and Marketing manager under the title Data Protection Officer (DPO).

2.2 The DPO will determine and recommend to the Board the procedures and controls to ensure compliance.

2.2.1 The DPO will ensure that suitable training and guidance is provided to data processors.

2.2.3 The DPO will establish procedures and standard contractual provisions for obtaining compliance with this Policy by customers, suppliers, and third parties who receive personal data from the Company, have access to personal data collected or processed by the Company, or who provide information to the Company.

2.2.4 The DPO will establish periodic compliance audits.

2.2.5 The DPO will establish processes for responding to Data Subject requests.

2.2.6 The DPO will establish processes for disclosure to the relevant authorities and Data Subjects of any loss of personal data.

2.2.7 The DPO will inform the Board of the potential penalties for non-compliance with Data Protection laws.

2.2.8 The DPO will ensure that effective risk management plans in relation to Data Protection are in place.  

3. Data Protection Principles

3.1 Personal data shall be:

3.1.1 processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

3.1.2 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, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);

3.1.3 adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

3.1.4 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’);

3.1.5 kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data 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’);

3.1.6 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 (‘integrity and confidentiality’).

3.2 The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 3.1 (‘accountability’).      

4. Personal Data held

4.1 The Company shall document the personal data it holds, where it came from, how it is collected and with whom it is shared.

4.2 The Company will organise such information audits as are required to ensure compliance.

4.3 The Company will ensure extra safeguards for the processing of any “special categories” of personal data, including genetic and biometric where processed to uniquely identify an individual.  

5. Communicating Privacy Information

5.1 The Company will provide such Privacy Notices to ensure Data Subjects are aware of:

5.1.1 what it is going to do with their information;

5.1.2     who it will be shared with;  

5.1.3     the lawful  basis for processing the data;    

5.1.4     the data retention periods;  

5.1.5     their right to complain to the Information Commissioner’s Office if they think there is a problem with the way the data is being handled.  

6. Consent

6.1 The Company shall ensure that:

6.1.1 data subjects are provided with a clear explanation of the processing to which they are consenting;

6.1.2     the consent mechanism is genuinely of a voluntary and "opt-in" nature;  

6.1.3     data subjects are permitted to withdraw their consent easily;

6.1.4     it does not rely on silence or inactivity to collect consent (e.g., pre‑ticked boxes do not constitute valid consent);  

6.1.5     wherever it relies on the consent of EU employees as a lawful basis for processing personal data, the it will consider whether such consent is freely given.

7. Data Subject Rights

7.1 The GDPR provides rights for Data Subjects, in particular:

7.1.1 to be informed of information held about them;

7.1.2 to access information held on them;

7.1.3 to rectify the information held on them;

7.1.4 to erase information held on them;

7.1.5 to restrict the processing of the personal data;

7.1.6 to data portability;

7.1.7 to object to the personal data held about them;

7.1.8 not to be subject to automated decision-making including profiling.  

8. Subject Access Requests  

8.1 The Company shall implement processes for responding to ensure Subject Access Requests in line with the required timescale (one month).   

8.2 The Company will consider the nature of requests made and respond accordingly.  

8.3 The Company may refuse charge for or requests that are manifestly unfounded or excessive, informing the individual why and advising that they have the right to Information Commissioner’s Office.  

9. Data Breaches

9.1 The Company will ensure that it has in place procedures in place to detect, report and investigate a personal data breach.

10. Policy Reviews

10.1 This Policy shall be reviewed at such frequencies as are determined by the Board or when necessitated by legislation.  

DPO               Ryan Watson

Signed            

Date               1st February 2018