2. INTRODUCTION

This Privacy Standard sets out how The Safari Guild (”we”, “our”, “us”, “the Company”) handle the Personal Data of our “Client/s”, suppliers, employees, workers and other third parties. This Privacy Standard 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 Standard applies to all Company Personnel. This Privacy Standard sets out what we expect from our personnel in order for the Company to comply with applicable law. Compliance with this Privacy Standard is mandatory. Privacy Guidelines are available to help you interpret and act in accordance with this Privacy Standard.

This Privacy Standard is an internal document however it can be used as a guide for the Company’s Clients to assess their own compliance with GDPR legislation.

3. SCOPE

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 EUR20 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.

All personnel are responsible for ensuring all Company Personnel comply with this Privacy Standard and need to implement appropriate practices, processes, controls and training to ensure such compliance. The DPO is responsible for overseeing this Privacy Standard and, as applicable, developing Privacy Guidelines. That post is held by Henry Hallward, [email protected].

Please contact the DPO with any questions about the operation of this Privacy Standard or the GDPR or if you have any concerns that this Privacy Standard is not being or has not been followed.

In particular, you must always contact the DPO 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 or Fair Processing 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 EEA (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 [13.4] below) or plan to use Personal Data for purposes other 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 [13.5] below);
11. if you need help complying with applicable law when carrying out direct marketing activities (see Section [13.6] below);
12. if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our vendors) (see Section [13.7] below).

4. PERSONAL DATA PROTECTION PRINCIPLES

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 (Security, Integrity and Confidentiality).
7. Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
8. Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).

We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

5. LAWFULNESS, FAIRNESS, TRANSPARENCY LAWFULNESS AND FAIRNESS

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. 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.

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;
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 Fair Processing Notices;

Or;

CONSENT:

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. 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. For our Clients consent is gained via an online form where the data subject is required to physically tick boxes to give consent freely. There may be multiple boxes to give different and individual forms of consent . Each individual consent is recorded in the Platform database for auditing and compliance purposes.

Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured and the Safari Awards Platform has the technical mechanisms in place to enable withdrawal of consent. 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 which is why for such Clients the Platform asks for the these additional consents before being able to access the Services. If a data subject does not give these consents than access is denied to the Services and consent is deemed to have been withdrawn.

Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Sensitive Personal 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 Sensitive Data. Where Explicit Consent is required, you must issue a Fair Processing Notice to the Data Subject to capture Explicit Consent.

The Company can evidence Consent captured and keeps records of all Consents so that the Company can demonstrate compliance with Consent requirements.

TRANSPARENCY (NOTIFYING DATA SUBJECTS)

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 or Fair Processing Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them. The Company has a project management process in place to request such Privacy notices in writing from the Client to include as part of the Consent process mechanism i.e. the online registration form.

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 and DPO, how and why we will use, Process, disclose, protect and retain that Personal Data through a Fair Processing 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), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You 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.

6. 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.

7. DATA MINIMISATION

Personal Data must be adequate, relevant and limited to what is necessary in 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 anonymised in accordance with the Company’s data retention guidelines.

8. 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 afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

9. 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 Storage Limitation will be defined by the Data Controller before the consent capture mechanism is deployed (Online registration form).

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.

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 will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with all e thCompany’s applicable records retention schedules and policies. This includes requiring third parties to delete such 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 or Fair Processing Notice. Data retention periods for Clients will be stored in Client files and diarised in the project management system.

10. SECURITY INTEGRITY AND CONFIDENTIALITY

PROTECTING PERSONAL DATA

Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.

We have developed, implemented and will 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. The Company is responsible for protecting the Personal Data we hold. The Company has implemented reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. The Company will exercise particular care in protecting Sensitive Personal Data from loss and unauthorised access, use or disclosure. (See Information Protection Security Policy document)

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:

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.

You must comply with all applicable aspects of our INFORMATION SECURITY POLICY.

REPORTING A PERSONAL DATA BREACH

The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator 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. The Client must also have such a policy and process in place.

If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the person or team designated as the key point of contact for Personal Data Breaches [the DPO]. You should preserve all evidence relating to the potential Personal Data Breach.

11. TRANSFER LIMITATION

The GDPR restricts data transfers to countries outside the EEA 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.

You may only transfer Personal Data outside the EEA 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 DPO;
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.

12. DATA SUBJECT’S RIGHTS AND REQUESTS

Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:

1. withdraw Consent to Processing at any time;
2. receive certain information about the Data Controller’s Processing activities;
3. request access to their Personal Data that we hold;
4. prevent our use of their Personal Data for direct marketing purposes;
5. 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;
6. restrict Processing in specific circumstances;
7. challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
8. request a copy of an agreement under which Personal Data is transferred outside of the EEA;
9. object to decisions based solely on Automated Processing, including profiling (ADM);
10. prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
11. be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
12. make a complaint to the supervisory authority; and
13. 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.

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 authorisation).

You must immediately forward any Data Subject request you receive to the DPO.

13. ACCOUNTABILITY

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

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

1. appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
2. implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
3. integrating data protection into internal documents including this Privacy Standard, Privacy Guidelines, Privacy Notices or Fair Processing Notices;
4. regularly training Company Personnel on the GDPR, this Privacy Standard, Privacy Guidelines 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;
5. 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.

RECORD KEEPING

The GDPR requires us to keep full and accurate records of all our data Processing activities.

The Company will keep and maintain accurate corporate records reflecting our Processing including records of Data Subjects’ Consents and procedures for obtaining Consents in accordance with the Company’s record keeping guidelines.

These records will include, at a minimum, the name and contact details of the Data 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. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows.

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 undergo 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 Standard and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.

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 organisational measures (like Pseudonymisation) 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/processes that Process Personal Data by taking into account the following:

1. the state of the art;
2. the cost of implementation;
3. the nature, scope, context and purposes of Processing; and
4. the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing. Data controllers (our Clients) must also conduct DPIAs in respect to high risk Processing. You should conduct a DPIA (and discuss your findings with the DPO) when implementing major system or business change programs involving the Processing of Personal Data including:
5. use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
6. Automated Processing including profiling and ADM;
7. large scale Processing of Sensitive Data; and
8. large scale, systematic monitoring of a publicly accessible area.

A DPIA must include:

1. a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate;
2. an assessment of the necessity and proportionality of the Processing in relation to its purpose;
3. an assessment of the risk to individuals; and
4. the risk mitigation measures in place and demonstration of compliance.

AUTOMATED PROCESSING (INCLUDING PROFILING) AND AUTOMATED DECISION-MAKING

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

1. a Data Subject has Explicitly Consented;
2. the Processing is authorised by law; or
3. the Processing is necessary for the performance of or entering into a contract.

If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but such Sensitive 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.

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 organisations 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 honoured. 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.

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 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:

1. they have a need to know the information for the purposes of providing the contracted services;
2. 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;
3. the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
4. the transfer complies with any applicable cross-border transfer restrictions; and
5. a fully executed written contract that contains GDPR approved third-party clauses has been obtained.

14. CHANGES TO THIS PRIVACY STANDARD

We reserve the right to change this Privacy Standard at any time without notice to you so please check back regularly to obtain the latest copy of this Privacy Standard. We last revised this Privacy Standard on 25-03-2018 This Privacy Standard does not override any applicable national data privacy laws and regulations in countries where the Company operates.

APPENDICES

APPENDIX 1 – PRIVACY GUIDELINES

The new GDPR legislation has been designed to protect the rights of an individual and how their data is used by organisations. The Safari Awards has a legal responsibly to ensure that it is compliant with such legislation. When acting on behalf of a Client to deliver the Services we have been commissioned to provide we are Data Processors and our Client/s are Data Controllers. Please refer to the Privacy Standard document to clarify the difference between each.

Our responsibilities include –

• Setting up an online registration form to capture the data of the users who intend to access the Services.
• To ensure this online registration form is fully compliant with GDPR legislation. Our DPO (Emma Riley) will give you full training on how to set up a form that meets these legal requirements
• Advising our Client/s on how to meet their own legal responsibilities as Data Controllers when they commission us to deploy the Services on their behalf
• Ensuring that the Platform is built with Privacy by Design in mind. This means that the software is built to meet GDPR legislation and the project management processes to deliver the Services are GDPR compliant
• Reporting breaches of data to the DPO. Data breach definitions and actions to report and resolve such breaches are noted in the Privacy Standard document
• Keeping a data subjects personal information secure both electronically and any paper based details of that subject

The Safari Awards platform has been built from the ground up with security at the forefront of its development. The service is hosted within the AWS (Amazon Web Services) eco system, the Salesforce.com platform and on UK Web Hosting servers which are all accredited with ISO27001 certification. There is a comprehensive Information and Security Policy that sits on top of that with a set of processes and systems in place to support the overall security strategy of the Safari Awards platform.

All personnel are trained on this set of policies as part of their on-boarding process with amendments and revisions being communicated within 2 weeks of them becoming part of this policy document.

The data centre is based in the EU (Ireland) within the AWS environment and on UK Web Hosting servers. This is a legal requirement for our Clients to be GDPR compliant.

The system is penetration tested (ask the DPO about this technical process) on an annual basis however we do advise that any Client carries out their own pen-testing to meet their own security criteria. Regular vulnerability scanning is performed across the AWS EC2 instances and associated services.

The Client is the Data Controller and is responsible for determining the purposes for collecting data and is accountable for actions of the Data Processor (The Safari Awards). The Safari Awards must comply with the Clients instructions in relation to maintaining security, keeping records and reporting breaches.

The Safari Awards are responsible for reporting any security breaches to the Information Commissioner's Office within 72 hours of the breach occurring. This will include; the nature of the breach, number of records and individuals impacted, consequence of the breach and measures taken to address and mitigate the breach.

APPENDIX 2 – PRIVACY by DESIGN

The service deploys SHA & AES 256 bit encryption. All data is encrypted in both transit and at rest. Passwords are hashed with bcrypt. This is technical jargon that means that the platform deploys the highest levels of encryption available to support our security strategy and processes.

The Safari Awards have recently developed their Platform to ensure GDPR compliance – this includes storing a digital record in the database of the user’s original consent at the point of registration (online registration form) including a date and time stamp as well as granular consents, which are also stored individually where applicable – these consents relate to how a data subject agrees to be contacted by the Data Controller. Users can, at any time through their digital profile, change their preferences easily and consent can be withdrawn as required. Each action is date and time stamped in the database, which the client has access to via their admin portal should they request to audit the Safari Awards platform.

The Safari Awards insists on the Client drawing up a written document that sets out their GDPR policy relating to how the Services are to be used in terms of users data to comply with GDPR regulations e.g how long they require the Safari Awards as data processors to store data for and the submission of their own compliant Privacy notice for registered users of the Services to read and consent to. The Safari Awards Platform has been designed so that user data can be removed from the system after a set period and also on an individual basis upon request by the Data Subject. It will be the Client’s (Data Controller) responsibility to download data from the system and provide instruction on which records to remove and when. We also have a template to issue to Clients to help support a DPIA on their behalf if required.