1. INTERPRETATION
   1. Definitions:

Automated Decision-Making (ADM)	when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
Automated Processing	any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.
Company Personnel	all employees, workers contractors, agency workers, consultants, directors, members and others.
Consent	agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.
Data Controller	the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.
Data Officer	the individual described and identified in section 3.
Data Subject	a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.
Data Privacy Impact Assessment (DPIA)	tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.
Explicit Consent	consent which requires a very clear and specific statement (that is, not just action).
General Data Protection Regulation (GDPR)	the General Data Protection Regulation ((EU) 2016/679). By this we also mean any local implementation of GDPR in England and Wales. Personal Data is subject to the legal safeguards specified in the GDPR.
Personal Data	any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Category Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal Data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
Personal Data Breach	any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
Privacy by Design	implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.
Privacy Notices or Privacy Policies	separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or an external privacy notice for our website) or they may be stand-alone, one-time privacy statements covering Processing related to a specific purpose.
Processing or Process	any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Pseudonymisation or Pseudonymised	replacing information that directly or indirectly identifies an individual with pseudonyms so that the Data Subject cannot be identified without the use of additional information which is meant to be kept separately and secure.
Related Policies	the Company’s policies, operating procedures or processes related to this Data Protection Policy and designed to protect Personal Data.
Special Category Data	information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.

1. INTRODUCTION
   1. This Data Protection Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.
   2. This Data Protection Policy applies to all Company Personnel (“you”, “your”). You must read, understand and comply with this Data Protection Policy when Processing Personal Data on our behalf and attend training on its requirements. This Data Protection Policy sets out what we expect from you in order for the Company to comply with applicable law. Your compliance with this Data Protection Policy is mandatory. Related Policies are available to help you interpret and act in accordance with this Data Protection Policy. You must also comply with all such Related Policies. Any breach of this Data Protection Policy may result in disciplinary action.
   3. This Data Protection Policy (together with Related Policies) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the Data Officer.
2. DATA OFFICER
   1. The Data Officer is responsible for overseeing this Data Protection Policy and, as applicable, developing Related Policies. That post is held by Aaron Hyde, Talent Manager Email: [email protected].
   2. Our Data Officer is an informal data protection manager with responsibility for data protection compliance. We have considered the GDPR requirement for a Data Protection Officer but determined that a formal Data Protection Officer is not required on the basis that:
      1. we are not a public body; and
      2. our core activities of software development do not involve
         1. processing which requires regular and systematic monitoring of Data Subjects on a large scale; or
         2. processing on a large scale of Special Category Data; and
      3. applicable local law does not require the appointment of a Data Protection Officer.
   3. We will monitor our core activities and any developments in UK law (or any EU Member State in respect of whose residents significant volumes of data are held) to ensure that if in future we are required to have a Data Protection Officer we will be aware and can take steps to appoint one.
3. SCOPE
   1. We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. The Company is exposed to potential fines of up to €20 million (approximately £18 million) or 4% of total worldwide annual turnover, whichever is higher and depending on the breach, for failure to comply with the provisions of the GDPR.
   2. All areas of the business are responsible for ensuring Company Personnel comply with this Data Protection Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance.
   3. Please contact the Data Officer with any questions about the operation of this Data Protection Policy or the GDPR or if you have any concerns that this Data Protection Policy is not being or has not been followed. In particular, you must always contact the Data Officer in the following circumstances:
      1. if you are unsure of the lawful basis which you are relying on to process Personal Data (including the legitimate interests used by the Company) (see section 5.1 below);
      2. if you need to rely on Consent and/or need to capture Explicit Consent (see section 5.2 below);
      3. if you need to draft Privacy Notices (see section 5.3 below);
      4. if you are unsure about the retention period for the Personal Data being Processed (see section 9 below);
      5. if you are unsure about what security or other measures you need to implement to protect Personal Data (see section 10.1 below);
      6. if there has been a Personal Data Breach (see section 10.2 below);
      7. if you are unsure on what basis to transfer Personal Data outside the EU and UK (see section 11 below);
      8. if you need any assistance dealing with any rights invoked by a Data Subject (see section 12 below);
      9. whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA (see section 13.5 below) or plan to use Personal Data for purposes others than what it was collected for;
      10. if you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making (see section 13.6 below);
      11. if you need help complying with applicable law when carrying out direct marketing activities (see section 13.7 below); or
      12. if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our suppliers) (see section 13.8 **below).
4. PERSONAL DATA PROTECTION PRINCIPLES
   1. We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:
      1. Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
      2. Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
      3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
      4. Accurate and where necessary kept up to date (Accuracy).
      5. Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
      6. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Integrity and Confidentiality).
   2. We must also ensure that:
      1. Any Personal Data we Process is not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
      2. Data Subjects are allowed to exercise certain rights in relation to their Personal Data (Data Subject Rights and Requests).
   3. We are responsible for and must be able to demonstrate compliance with the data protection principles and obligations listed above (Accountability).
5. LAWFULNESS, FAIRNESS, TRANSPARENCY
   1. Lawfulness and Fairness
      1. Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
      2. You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing, but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject.
      3. The GDPR allows Processing for specific purposes, some of which are set out below:
         1. the Data Subject has given his or her Consent;
         2. the Processing is necessary for the performance of a contract with the Data Subject;
         3. to meet our legal compliance obligations;
         4. to protect the Data Subject’s vital interests; or
         5. to pursue our legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set out in applicable Privacy Notices; or
         6. 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 us.
      4. You must identify and document the legal ground being relied on for each Processing activity.
   2. Consent
      1. A Data Controller must only process Personal Data on the basis of one or more of the lawful bases set out in the GDPR, which include Consent.
      2. A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters.
      3. Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
      4. Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Special Category Data, for Automated Decision-Making and for cross border data transfers. Usually we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Special Category Data.
      5. You will need to evidence Consent captured and keep records of all Consents so that the Company can demonstrate compliance with Consent requirements.
   3. Transparency (Notifying Data Subjects)
      1. The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
      2. Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we must provide the Data Subject with all the information required by the GDPR including the identity of the Data Controller, how and why we will use, Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data..
      3. When Personal Data is collected indirectly (for example, from a third party or publically available source), we must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. We must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.
      4. If you believe a way in which we are Processing Personal Data is not set out in one of our existing Privacy Notices supplied to Data Subjects, please notify the Data Officer.
6. PURPOSE LIMITATION
   1. Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.
   2. You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes and they have Consented where necessary.
7. DATA MINIMISATION
   1. Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
   2. You may only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties.
   3. You may only collect Personal Data that you require for your job duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.
   4. You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Company’s data retention guidelines.
8. ACCURACY
   1. Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
   2. You will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
9. STORAGE LIMITATION
   1. Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
   2. You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purpose or purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.
   3. The Company will maintain retention policies and procedures to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time. You must comply with the Company’s guidelines on Data Retention.
   4. You will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with all the Company’s applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable.
   5. You will ensure Data Subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice.
10. SECURITY INTEGRITY AND CONFIDENTIALITY
    1. Protecting Personal Data
       1. Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
       2. We will develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data. You are responsible for protecting the Personal Data we hold. You must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise particular care in protecting Special Category Data from loss and unauthorised access, use or disclosure.
       3. You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.
       4. You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
          1. Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
          2. Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
          3. Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.
       5. You must comply with and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the GDPR and relevant standards to protect Personal Data.
       6. You must not use systems or services which involve the Processing of Personal Data unless they have been approved by us. For instance, you should not store Company files containing Personal Data on Dropbox or with other cloud service providers unless we have approved their use.
    2. Reporting A Personal Data Breach
       1. The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator (unless the breach is unlikely to result in a risk to the rights and freedoms of Data Subjects) and, in certain instances, the Data Subject.
       2. We will notify Data Subjects or any applicable regulator where we are legally required to do so.
       3. If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the Data Officer. You should preserve all evidence relating to the potential Personal Data Breach.
11. TRANSFER LIMITATION
    1. The GDPR restricts data transfers to countries outside the EU and UK in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.
    2. You may only transfer Personal Data outside the EU and UK if one of the following conditions applies:
       1. the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ rights and freedoms;
       2. appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the Data Officer;
       3. the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
       4. the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.