DATA POLICY
Purpose, Scope, and Users
This policy sets the required retention periods for specified categories of personal data and sets out the minimum standards to be applied when destroying certain information within Stirling Grey Limited (further: the “Company”).
This Policy applies to all business units, processes, and systems in all countries in which the Company conducts business and has dealings or other business relationships with third parties.
This Policy applies to all Company officers, directors, employees, agents, affiliates, contractors, consultants, advisors or service providers that may collect, process, or have access to data (including personal data and/or sensitive personal data). It is the responsibility of all of the above to familiarise themselves with this Policy and ensure adequate compliance with it.
This policy applies to all information used at the Company. Examples of documents include:
· Emails
· Hard copy documents
· Soft copy documents
· Video and audio
· Data generated by physical access control systems
Reference Documents
· EU GDPR 2016/679 (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC)
· Personal Data Protection Policy
Retention Rules
Retention General Principle
In the event, for any category of documents not specifically defined elsewhere in this Policy (and in particular within the Data Retention Schedule) and unless otherwise mandated differently by
applicable law, the required retention period for such document will be deemed to be 3 years from the date of creation of the document.
Retention General Schedule
The Data Protection Officer defines the time period for which the documents and electronic records should to be retained through the Data Retention Schedule.
As an exemption, retention periods within Data Retention Schedule can be prolonged in cases such as:
· Ongoing investigations from Member States authorities, if there is a chance records of personal data are needed by the Company to prove compliance with any legal requirements; or
· When exercising legal rights in cases of lawsuits or similar court proceeding recognized under local law.
Safeguarding of Data during Retention Period
The possibility that data media used for archiving will wear out shall be considered. If electronic storage media are chosen, any procedures and systems ensuring that the information can be accessed during the retention period (both with respect to the information carrier and the readability of formats) shall also be stored in order to safeguard the information against loss as a result of future technological changes. The responsibility for the storage falls to the Data Protection Officer.
Destruction of Data
The Company and its employees should therefore, on a regular basis, review all data, whether held electronically on their device or on paper, to decide whether to destroy or delete any data once the purpose for which those documents were created is no longer relevant. See Appendix for the retention schedule. Overall responsibility for the destruction of data falls to the Data Protection Officer.
Once the decision is made to dispose according to the Retention Schedule, the data should be deleted, shredded or otherwise destroyed to a degree equivalent to their value to others and their level of confidentiality. The method of disposal varies and is dependent upon the nature of the document. For example, any documents that contain sensitive or confidential information (and particularly sensitive personal data) must be disposed of as confidential waste and be subject to secure electronic deletion; some expired or superseded contracts may only warrant in-house shredding. The Document Disposal Schedule section below defines the mode of disposal.
In this context, the employee shall perform the tasks and assume the responsibilities relevant for the information destruction in an appropriate way. The specific deletion or destruction process
may be carried out either by an employee or by an internal or external service provider that the Data Protection Officer subcontracts for this purpose. Any applicable general provisions under relevant data protection laws and the Company’s Personal Data Protection Policy shall be complied with.
Appropriate controls shall be in place that prevents the permanent loss of essential information of the company as a result of malicious or unintentional destruction of information.
The Data Protection Officer shall fully document and approve the destruction process. The applicable statutory requirements for the destruction of information, particularly requirements under applicable data protection laws, shall be fully observed.
Breach, Enforcement and Compliance
The person appointed with responsibility for Data Protection, the Data Protection Officer has the responsibility to ensure that each of the Company’s offices complies with this Policy. It is also the responsibility of the Data Protection Officer to assist any local office with enquiries from any local data protection or governmental authority.
Any suspicion of a breach of this Policy must be reported immediately to Data Protection Officer. All instances of suspected breaches of the Policy shall be investigated and action taken as appropriate.
Failure to comply with this Policy may result in adverse consequences, including, but not limited to, loss of customer confidence, litigation and loss of competitive advantage, financial loss and damage to the Company’s reputation, personal injury, harm or loss. Non-compliance with this Policy by permanent, temporary or contract employees, or any third parties, who have been granted access to Company premises or information, may therefore result in disciplinary proceedings or termination of their employment or contract. Such non-compliance may also lead to legal action against the parties involved in such activities.
Document Disposal
Routine Disposal Schedule
Records which may be routinely destroyed unless subject to an on-going legal or regulatory inquiry are as follows:
· Announcements and notices of day-to-day meetings and other events including acceptances and apologies;
· Requests for ordinary information such as travel directions;
· Reservations for internal meetings without charges / external costs;
· Transmission documents such as letters, fax cover sheets, e-mail messages, routing slips, compliments slips and similar items that accompany documents but do not add any value;
· Message slips;
· Superseded address list, distribution lists etc.;
· Duplicate documents such as CC and FYI copies, unaltered drafts, snapshot printouts or extracts from databases and day files;
· Stock in-house publications which are obsolete or superseded; and
· Trade magazines, vendor catalogues, flyers and newsletters from vendors or other external organizations.
In all cases, disposal is subject to any disclosure requirements which may exist in the context of litigation.
Destruction Method
Level I documents are those that contain information that is of the highest security and confidentiality and those that include any personal data. These documents shall be disposed of as confidential and shall be subject to secure electronic deletion. Disposal of the documents should include proof of destruction.
Level II documents are proprietary documents that contain confidential information such as parties’ names, signatures and addresses, or which could be used by third parties to commit fraud, but which do not contain any personal data. These documents should be placed into a locked rubbish bin for collection by an approved disposal firm, and electronic documents will be subject to secure electronic deletion.
Level III documents are those that do not contain any confidential information or personal data and are published Company documents. These should be disposed of through a recycling company and include, among other things, advertisements, catalogues, flyers, and newsletters. These may be disposed of without an audit trail.
Managing Records Kept on the Basis of this Document
Record Name
Storage location
Person responsible for storage
Controls for record protection
Retention time
Data Retention Schedule
Data Protection Office's Egnyte Drive
Data Protection officer
Only authorised persons may access this
document
Permanently
Validity and document management
This document is valid as of March 2018
The owner of this document is the Data Protection Officer who must check and, if necessary, update the document at least once a year.
Appendices
Appendix – Data retention Schedule
Financial Records
Personal data record category
Mandated retention period
Payroll records
Seven years after audit
Supplier contracts
Seven years after contract is terminated
Chart of Accounts
Permanent
Fiscal Policies and Procedures
Permanent
Permanent Audits
Permanent
Financial statements
Permanent
General Ledger
Permanent
Investment records (deposits, earnings, withdrawals)
7 years
Invoices
7 years
Cancelled checks
7 years
Bank deposit slips
7 years
Business expenses documents
7 years
Check registers/books
7 years
Property/asset inventories
7 years
Credit card receipts
7 years
Petty cash receipts/documents
7 years
Business Records
Personal data record category
Mandated retention period
Article of Incorporation to apply for corporate status
Permanent
Board policies
Permanent
Board meeting minutes
Permanent
Tax or employee identification number designation
Permanent
Office and team meeting minutes
Permanent
Annual corporate filings
Permanent
HR Employee Records
Personal data record category
Mandated retention period
Disciplinary, grievance proceedings records, oral/verbal, written, final warnings, appeals
As per legal requirement
Applications for jobs, interview notes – Recruitment/promotion panel Internal Where the candidate is unsuccessful Where the candidate is successful
Deleted immediately Duration of employment
Payroll input forms, wages/salary records, overtime/bonus payments Payroll sheets, copies
7 years
Bank details – current
Duration of employment
Payrolls/wages
Duration of employment
Job history including staff personal records: contract(s), Ts & Cs; previous service dates; pay and pension history, pension estimates, resignation/termination letters
As per legal requirement
Employee address details
Duration of employment
Expense claims
As per legal requirement
Annual leave records
Duration of employment
Accident books
As per legal requirement
Accident reports and correspondence
As per legal requirement
Certificates and self-certificates unrelated to workplace injury; statutory sick pay forms
As per legal requirement
Pregnancy/childbirth certification
As per legal requirement
Parental leave
Duration of employment
Maternity pay records and calculations
As per legal requirement
Redundancy details, payment calculations, refunds, notifications
As per legal requirement
Training and development records
Duration of employment
Contracts
Personal data record category
Mandated retention period
Signed
Permanent
Contract amendments
Permanent
Successful tender documents
Permanent
Tender – user requirements, specification, evaluation criteria, invitation
Permanent
Contractors’ reports
Permanent
Operation and monitoring, eg complaints
Permanent
Customer Data
Personal data record category
Mandated retention period
Platform data – inclusive of Video data, comments, attachments, profile picture, email address, first and second name
Retained whilst organisation remains a customer or deleted by user. Once an organisation requests all records to be deleted, data will be removed from the back-ups within 9 months
Live chat history
Records deleted after 1 year
Screen recordings from support session
Automatically deleted after 90 days
CRM data – inclusive of Name, Email address, mobile number, address, emails and phone call summaries, DPO information
Retained whilst organisation remains a customer or deleted by user. Once an organisation requests all records to be deleted, data will be removed from the back-ups within X months
Metrics data
Retained whilst organisation remains a customer or deleted by user. Once an organisation requests all records to be deleted, data will be anonymised
Non - Customer Data
Personal data record category
Mandated retention period
Name, email address
Kept until person unsubscribes / requests to be removed from system
Call recordings
Automatically deleted after 6 months
IT
Personal data record category
Mandated retention period
Recycle Bins
Cleared monthly
Downloads
Cleared monthly
Inbox
All emails containing PII attachments deleted after 3 years.
Deleted Emails
Cleared monthly
Personal Network Drive
Reviewed quarterly, any documents containing PII deleted after 3 years
Local Drives & files
Moved to network drive monthly, then deleted from local drive
Egnyte, Dropbox
Reviewed quarterly, any documents containing PII deleted after 3 years