Privacy policy

1.    INTRODUCTION

1.1. SUMMARY

The Privacy Policy (or ‘Policy’) sets up the rules regarding the lawful and correct treatment of personal data.

Rewaa is committed to the protection of individuals’ rights and privacy.  The processing of personal data such as the collection, recording, use, and storage of personal information must be dealt lawfully and correctly in accordance with this policy.

1.2. BACKGROUND

This privacy policy sets out how Rewaa Technology Holding Ltd. (“Rewaa”, “we”, “our”, “us”, “Company”) handle the personal data of our customers, suppliers, employees, workers, and other third parties.

This privacy 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.

This privacy policy applies to all Company personnel (“you”, “your”). You must read, understand, and comply with this privacy policy when processing personal data on our behalf and attend training on its requirements. This privacy policy sets out what we expect from you for the Company to comply with applicable law. Your compliance with this privacy policy is mandatory. Related Policies, privacy notices, and procedures are available to help you interpret and act in accordance with this privacy policy. You must also comply with all such related policies, privacy notices, and procedures. Any breach of this privacy policy may result in disciplinary action.

Where you have a specific responsibility in connection with processing such as capturing consent, reporting a personal data breach, conducting a DPIA as referenced in this privacy policy or otherwise then you must comply with the related policies, privacy notices, and procedures.

This privacy policy (together with related policies, privacy notices, and procedures) is an internal document and cannot be shared with third parties, clients, or regulators without prior authorisation from the DPO.

1.3. OBJECTIVE

This policy has been drawn up to ensure that all data is processed in accordance with the General Data Protection Regulations (2018) and international data protection laws, which together form the data protection legislation. This policy sets out what Rewaa is required to do to ensure correct and lawful processing of personal data, to ensure that all staff, contractors and third parties who process personal data on behalf of Rewaa are doing so following data protection principles.

The Policy applies to all staff, former employees, candidates, suppliers, customers, and others with whom Rewaa has dealings.

1.4. SCOPE AND APPLICABILITY

We recognize that the correct and lawful treatment of personal data will maintain confidence in the organization 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 DPO is responsible for overseeing this privacy policy and developing related documentation – policies, privacy notices, and procedures. DPO is also responsible for ensuring all Company personnel comply with this privacy policy and need to implement appropriate practices, processes, controls, and training to ensure that compliance.

Please contact the DPO with any questions about the operation of this privacy policy or if you have any concerns that this privacy policy is not being or has not been followed. In particular, you must always contact the DPO in the following circumstances:

(a)  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);

(b)  if you need to rely on Consent and/or need to capture explicit consent;

(c)  if you need to draft privacy notices;

(d)  if you are unsure about the retention period for the personal data being processed;

(e)  if you are unsure about what security or other measures you need to implement to protect personal data;

(f)  if there has been a personal data breach;

(g)  if you are unsure on what basis to transfer Personal Data;

(h)  if you need any assistance dealing with any rights invoked by a data subject;

(i)  whenever you are engaging in a significant new, or change in, processing activity which is likely to require a DPIA or plan to use Personal Data for purposes other than what it was collected for;

(j)  if you plan to undertake any activities involving automated processing including profiling or automated decision-making;

(k)  if you need help complying with applicable law when carrying out direct marketing activities or

(l) if you need help with any contracts or other areas concerning sharing personal data with third parties.

1.5. POLICY OWNER

The maintenance and the timely update of this Policy are the responsibilities of the Data Protection Officer.

This Policy is non-contractual and does not form part of the terms and conditions of any employment or other contract. Rewaa may amend this Policy at any time (without consultation). The Policy will be regularly reviewed to ensure that it meets legal requirements.

1.6. CONDUCT

All Company employees are expected to adhere to this Policy, as well as any other related policies and/or guidelines, as these may become available from time to time. Please bear in mind that this Policy, as well as other policies and procedures of the Company, is – to a certain extent – principle-based documents that do not and cannot anticipate every possible situation, nor can they replace the exercise of sound judgment. You should consult promptly with your immediate supervisor and/or the DPO with any questions concerning this Policy. A breach of this Policy may, in appropriate circumstances, be treated as a disciplinary matter. Following the investigation, this may be regarded as misconduct leading to disciplinary action, up to and including dismissal.

2.  DEFINITIONS

Please find below definitions of the technical terms used in the Rewaa Privacy Policy:

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. Some legislations like 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 analyze or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. Profiling is an example of automated processing.

Company name:  Rewaa Technology Holding Ltd., a limited liability company incorporated under the laws of Abu Dhabi, Emirates, company number: 000003103, whose registered office is at number 2406 Resco-Work 03, 24, al Sila Tower ADGM Square, Al Maryah Island, Abu Dhabi, United Arabes Emirates;

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 clear positive action, signify agreement to the processing of personal data relating to them.

Controller:  the person or organization that determines when, why, and how to process personal data. It is responsible for establishing practices and policies in line with data protection laws. We are the controller of all personal data relating to the Company personnel and personal data used in our business for our commercial purposes.

Criminal Convictions Data:  This means personal data relating to criminal convictions and offenses and includes personal data relating to criminal allegations and proceedings.

Data Protection Legislation:  General Data Protection Regulations (2018) and any other applicable international data protection laws.

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 systems or business change programs involving the processing of personal data.

Data Protection Officer (DPO):  the person, with expert knowledge of data protection, required to be appointed in specific circumstances under applicable Data Protection Legislation. Where a mandatory DPO has not been appointed, this term means a data protection manager or a voluntarily appointed of a DPO or refers to the Company data privacy team with responsibility for data protection compliance.

EEA:  the 28 countries in the EU, and Iceland, Liechtenstein and Norway.

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). 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 categories of personal data and pseudonymized 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 behavior.

Personal Data Breach:  any act or omission that compromises the security, confidentiality, integrity, or availability of personal data or the physical, technical, administrative or organizational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorized access, disclosure or acquisition, of personal data is a personal data breach.

Privacy by Design:  implementing appropriate technical and organizational measures effectively to ensure compliance with data protection laws.

Privacy Guidelines:  the Company privacy and data protection related guidelines provided to assist in interpreting and implementing this privacy policy and related policies.

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 Company of individuals (for example, employee privacy notices or the website privacy policy) 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 organizing, 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 one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.

Associated documentation:  the Company’s policies, operating procedures, or processes related to this privacy policy and designed to protect Personal Data.

Special Categories of Personal Data:  information revealing racial or ethnic origin, philosophical, religious and moral beliefs, physical or mental health conditions, biometric data. Rewaa will treat the aforementioned types of data as special categories of personal data.

3.  PERSONAL DATA PROTECTION PRINCIPLES

We adhere to the principles relating to the processing of personal data set out in the GDPR and applicable Data Protection Legislation which require personal data to be:

(a) processed lawfully, fairly and in a transparent manner concerning 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;

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

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate personal data, 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 subject to the implementation of the appropriate technical and organizational measures required by applicable data protection legislation 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 unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures (‘integrity and confidentiality’).

Rewaa will ensure that it complies and is able to demonstrate compliance (accountability) with all of these aforementioned 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 and high organizational standards.

4.  LAWFULNESS, FAIRNESS, TRANSPARENCY

Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject.

You may only collect, process, and share personal data fairly and lawfully and for specified purposes. Data Protection Legislation 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.

The processing is allowed for specific purposes, some of which are set out below:

(a)  the data subject has given his or her consent;

(b)  the processing is necessary for the performance of a contract with the data subject;

(c)  to meet our legal compliance obligations;

(d)  to protect the data subject’s vital interests;

(e)  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

You must identify and document the legal ground being relied on for each processing activity in accordance with the Company’s procedure for processing personal data.

5.  LAWFUL BASIS FOR PROCESSING PERSONAL DATA

5.1 Consent

A Controller must only process personal data on the basis of one or more of the lawful bases set out in the applicable Data Protection Legislation, which include consent.

A data subject consents to the processing of their 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.

Data subjects must be easily able to withdraw consent to the processing at any time and withdrawal must be promptly honored. 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.

When processing special category data or criminal convictions data, we will usually rely on a legal basis for processing other than explicit consent or consent if possible. Where explicit consent is relied on, you must issue a privacy notice to the data subject to capture explicit consent.

You will need to evidence consent captured and keep records of all consents in accordance with related policies, privacy Notices, and procedures so that the Company can demonstrate compliance with consent requirements.

5.2 Performance of a Contract

Where the personal data collected and processed are required to fulfill 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.

5.3 Legal and Compliance 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 and regulatory bodies.

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. Rewaa will reasonably retain 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.

5.5 Task Carried Out in the Public Interest

Where the Rewaa 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.

5.6 Legitimate Interests

If the processing of specific personal data is in the legitimate interests of the Rewaa 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.

6.  TRANSPARENCY (NOTIFYING DATA SUBJECTS)

Applicable Data Protection Legislation 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. The 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.

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 applicable Data Protection Legislation including the identity of the controller and DPO, 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.

When personal data is collected indirectly (for example, from a third party or publicly available source), we must provide the data subject with all the information required by the applicable Data Protection Legislation as soon as possible after collecting or 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 that contemplates our proposed Processing of that personal data.

If you are collecting personal data from data subjects, directly or indirectly, then you must provide data subjects with a privacy notice in accordance with our related policies, privacy notices, and procedures.

7.  PURPOSE LIMITATION

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.

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.

8.  DATA MINIMISATION

Personal data must be adequate, relevant, and limited to what is necessary for relation to the purposes for which it is processed.

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.

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.

You must ensure that when personal data is no longer needed for specified purposes, it is deleted or anonymized in accordance with the Company’s data retention procedures.

Rewaa will promptly (but within no more than 72 hours after Amazon’s request), permanently, and securely delete (in accordance with industry-standard sanitization processes, e.g., NIST 800-88) or return Amazon Information upon and in accordance with Amazon’s notice requiring deletion and/or return.

Rewaa will also permanently and securely delete all live (online or network accessible) instances of Amazon Information within 90 days after Amazon’s notice. If requested by Amazon, we will certify in writing that all Amazon Information has been securely destroyed.

9.  ACCURACY

Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

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 afterward. You must take all reasonable steps to destroy or amend inaccurate or out-of-date personal data.

10.  STORAGE LIMITATION

Personal data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.

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 that data should be kept for a minimum time. You must comply with the Company’s guidelines on data retention. For more information please check Rewaa’s data retention policy.

You must not keep personal data in a form that 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.

You will take all reasonable steps to destroy or erase from our systems all personal data that we no longer require following all the Company’s applicable records retention schedules and policies. This includes requiring third parties to delete that data where applicable.

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.

11.  SECURITY INTEGRITY AND CONFIDENTIALITY

Personal data must be secured by appropriate technical and organizational measures against unauthorized or unlawful processing, and against accidental loss, destruction, or damage.

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 at rest and in transit, and pseudonymization where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure the 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 unauthorized processing of personal data and against the accidental loss of, or damage to, personal data. You must exercise particular care in protecting special categories of personal data and criminal convictions data from loss and unauthorized access, use, or disclosure.

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.

You must maintain data security by protecting the confidentiality, integrity, and availability of the personal data, defined as follows:

(a)   Confidentiality means that only people who have a need to know and are authorized to use the personal data can access it;

(b)  Integrity means that personal data is accurate and suitable for the purpose for which it is processed; and

(c)   Availability means that authorized users are able to access personal data when they need it for authorized purposes.

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.

12.  REPORTING A PERSONAL DATA BREACH

The GDPR requires controllers to notify any personal data breach to the applicable supervisory authority and, in certain instances, the data subject.

We have put in place procedures to deal with any suspected personal data breach and will notify data subjects or any applicable regulator where we are legally required to do so.

If you know or suspect that a personal data breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the DPO and follow the security incident response plan. You should preserve all evidence relating to the potential personal data breach.

13.  TRANSFER LIMITATION

The GDPR restricts data transfers to countries outside the EEA 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.

You may only transfer personal data outside the EEA if one of the following conditions applies:

(a)  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 subject’s rights and freedoms;

(b)  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 DPO;

(c)  the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or

(d)   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.

You must comply with the Company’s guidelines on cross-border data transfers.

14.  DATA SUBJECT’S RIGHTS AND REQUESTS

Data subjects have rights when it comes to how we handle their personal data. These include rights to:

(a)  withdraw consent to the processing at any time;

(b)  receive certain information about the data controller’s processing activities;

(c)  request access to their personal data that we hold;

(d)  prevent our use of their personal data for direct marketing purposes;

(e)  ask us to erase personal data if it is no longer necessary in relation to the purposes for which it was collected or processed or to rectify inaccurate data or to complete incomplete data;

(f)  restrict processing in specific circumstances;

(g)  challenge processing which has been justified on the basis of our legitimate interests or in the public interest;

(h)  request a copy of an agreement under which personal data is transferred outside of the EEA;

(i)  object to decisions based solely on automated processing, including profiling (ADM);

(j)  prevent processing that is likely to cause damage or distress to the data subject or anyone else;

(k)  be notified of a personal data breach which is likely to result in a high risk to their rights and freedoms;

(l)  make a complaint to the supervisory authority;

(m)  in limited circumstances, receive or ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format; and

You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third-parties to persuade you into disclosing Personal Data without proper authorization).

You must immediately forward any data subject request you receive to the DPO and comply with the Company’s data subject response process.

Each of these rights is supported by appropriate procedures within Rewaa that allow the required action to be taken within the timescales stated in the GDPR.  Check below data subject request timescale

DATA SUBJECT REQUEST

TIMESCALE

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

One month, extended for more one month for complex or numerous Data Subject Access Requests

The right to rectification

One month, extended for more one month for complex or numerous Data rectification Requests

The right to erasure

One month, extended for more one month for complex or numerous Data Erasure Requests

The right to restrict processing

Without undue delay

The right to data portability

One month, extended for more one month for complex or numerous Data portability Requests

The right to object

On receipt of the objection

Rights in relation to automated decision making and profiling

Not specified

15.  ACCOUNTABILITY

The controller must implement appropriate technical and organizational measures in an effective manner, to ensure compliance with data protection principles. The controller is responsible for and must be able to demonstrate, compliance with the data protection principles.

The Company must have adequate resources and controls in place to ensure and to document GDPR compliance including:

(a)  appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;

(b)  implementing privacy by design and by default when processing personal data and completing DPIAs where processing presents a high risk to rights and freedoms of data subjects;

(c)  integrating data protection into internal documents including this privacy policy, related policies, privacy procedures or privacy notices;

(d)  regularly training Company personnel on the GDPR, this privacy policy, related policies, privacy notices, privacy procedures, and data protection matters including, for example, data subject’s rights, consent, legal basis, DPIA, and personal data breaches. The Company must maintain a record of training attendance by Company personnel; and

(e)  regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.

16.  RECORD KEEPING 

Data Protection Legislation requires us to keep full and accurate records of all our data processing activities.

You must keep and maintain accurate corporate records reflecting our processing including records of data subjects’ consents and procedures for obtaining consents.

These records should include, at a minimum, the name and contact details of the controller and the DPO, clear descriptions of the personal data types, data subject types, processing activities, processing purposes, third-party recipients of the personal data, personal data storage locations, personal data transfers, the personal data’s retention period and a description of the security measures in place. To create the records, data maps should be created which should include the detail set out above together with appropriate data flows.

17.  TRAINING AND AUDIT

We are required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.

You must undergo all mandatory data privacy related training and ensure your team undergoes similar mandatory training in accordance with the Company’s mandatory training guidelines.

You must regularly review all the systems and processes under your control to ensure they comply with this privacy policy and check that adequate governance controls and resources are in place to ensure proper use and protection of personal data.

18.  DATA PROTECTION OFFICER

Under the GDPR, you must appoint a DPO if:

.      you are a public authority or body (except for courts acting in their judicial capacity);

.      your core activities require large scale, regular and systematic monitoring of individuals (for example, online behavior tracking); or

.      yourcore activities consist of large scale processing of special categories of data or data relating to criminal convictions and offenses.

The GDPR says that you should appoint a DPO on the basis of their training, certification, and proven expert knowledge of data protection law, especially the General Data Protection Regulation.

The GDPR says that you can assign further tasks and duties, so long as they don’t result in a conflict of interest with the DPO’s primary tasks.

Basically, this means the DPO cannot hold a position within your organization that leads him or her to determine the purposes and the means of the processing of personal data, which means that the DPO cannot hold a position in the company where he may decide which personal data should be collected from data subjects and the purpose for the processing.

At the same time, the DPO shouldn’t be expected to manage competing objectives that could result in data protection taking a secondary role to business interests.

The DPO can be an existing employee, or the Company can contract out the role of DPO externally, based on a service contract with an individual or an organization. It’s important to be aware that an externally-appointed DPO should have the same position, tasks, and duties as an internally-appointed one.

19.   PRIVACY BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)

We are required to implement privacy by design measures when processing personal data by implementing appropriate technical and organizational measures (like pseudonymization) in an effective manner, to ensure compliance with data privacy principles.

You must assess what privacy by design measures can be implemented on all programs, systems, or processes that process personal data by taking into account the following:

•   the state of the art;

•   the cost of implementation;

•   the nature, scope, context, and purposes of the processing; and

•   the risks of varying likelihood and severity for rights and freedoms of data subjects posed by the processing.

Data controllers must also conduct DPIAs with respect to high-risk processing.

You should conduct a DPIA (and discuss your findings with the DPO) when implementing a major system or business change programs involving the processing of personal data including:

•   use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);

•   Automated processing including profiling and ADM;

•   large-scale processing of special categories of personal data or criminal convictions data; and

•   large-scale, systematic monitoring of a publicly accessible area.

A DPIA must include:

•   a description of the processing, its purposes, and the data controller’s legitimate interests if appropriate;

•   an assessment of the necessity and proportionality of the processing in relation to its purpose;

•   an assessment of the risk to individuals; and

•   the risk mitigation measures in place and demonstration of compliance.

You must comply with the Company DPIA’s procedures.

20.  AUTOMATED PROCESSING (INCLUDING PROFILING) AND AUTOMATED DECISION-MAKING  

Generally, ADM is prohibited when a decision has a legal or similarly significant effect on an individual unless:

(a)  a data subject has explicitly consented;

(b) the processing is authorized by law; or

(c)  the processing is necessary for the performance of or entering into a contract.

If certain types of special categories of personal data or criminal convictions data are being processed, then grounds (b) or (c) will not be allowed but the special categories of personal data and criminal convictions data can be processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.

If a decision is to be based solely on automated processing (including profiling), then data subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the data subject’s rights and freedoms and legitimate interests.

We must also inform the data subject of the logic involved in the decision making or profiling, the significance and envisaged consequences, and give the data subject the right to request human intervention, express their point of view or challenge the decision.

A DPIA must be carried out before any automated processing (including profiling) or ADM activities are undertaken.

21.DIRECT MARKETING 

We are subject to certain rules and privacy laws when marketing to our customers.

For example, a data subject’s prior consent is required for electronic direct marketing (for example, by email, text, or automated calls). The limited exception for existing customers known as “soft opt-in” allows organizations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt-out of marketing when first collecting the details and in every subsequent message.

The right to object to direct marketing must be explicitly offered to the data subject in an intelligible manner so that it is clearly distinguishable from other information.

A data subject’s objection to direct marketing must be promptly honored. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.

22.  SHARING PERSONAL DATA

Generally, we are not allowed to share personal data with third parties unless certain safeguards and contractual arrangements have been put in place.

You may only share the personal data we hold with another employee, agent or representative of our Company (which includes our subsidiaries and our ultimate holding company along with its subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.

You may only share the personal data we hold with third parties, such as our service providers, if:

(a)  they have a need to know the information for the purposes of providing the contracted services;

(b)  sharing the personal data complies with the privacy notice provided to the data subject and, if required, the data subject’s consent has been obtained;

(c)  the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;

(d)  the transfer complies with any applicable cross-border transfer restrictions; and

(e)  a fully executed written contract that contains legislation-approved third party clauses has been obtained.

You must comply with the Company’s guidelines on sharing data with third parties.

23.  CHANGES TO THIS PRIVACY POLICY

We keep this privacy policy under regular review.

This privacy policy does not override any applicable national data privacy laws and regulations in countries where the Company operates.