• Policy prepared by: Hugh Parry
• Approved by Trustees on: 25/05/2018
• Next review date: 25/05/2019
In order to operate, The Aidan Woodcock Charitable Trust (Trust) needs to gather, store and use certain forms of information about individuals.
These can include contractors, employees, volunteers, audiences and potential audiences, business contacts and other people the group has a relationship with or regularly needs to contact.
This policy explains how this data should be collected, stored and used in order to meet the Trust’s data protection standards and comply with the General Data Protection Regulations (GDPR).
This policy ensures that the Trust
• Protects the rights of our volunteers and supporters
• Complies with data protection law and follows good practice
• Protects the group from the risks of a data breach
Who and what does this policy apply to?
This applies to all those handling data on behalf of the Trust e.g.:
• Employees and volunteers
• Contractors/3rd-party suppliers
It applies to all data that the Trust holds relating to individuals, including:
• Email addresses
• Postal addresses
• Phone numbers
• Any other personal information held
The Trust is the Data Controller and will determine what data is collected and how it is used. The Data Protection Officer for the Trust is the Treasurer. He/she, and the Trustees are responsible for the secure, fair and transparent collection and use of data by the Trust. Any questions relating to the collection or use of data should be directed to the Data Protection Officer.
Everyone who has access to data as part of the Trust has a responsibility to ensure that they adhere to this policy.
The Trust uses third party Data Processors (such as Mail Chimp and Google Sheets) to process data on its behalf. The Trust will ensure all Data Processors are compliant with GDPR before they are used.
a) We fairly and lawfully process personal data in a transparent way
The Trust will only collect data where lawful and where it is necessary for the legitimate purposes of the Trust.
• The name and contact details of volunteers, employees and contractors will be collected when they take up a position and will be used to contact them regarding group administration related to their role.
• Further information, including personal financial information and criminal records information may also be collected in specific circumstances where lawful and necessary (in order to process payment to the person or in order to carry out a DBS check).
o Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to the Trust completing tasks expected as part of working with the individuals).
• An individual’s name and contact details will be collected when they make a booking for an event. This will be used to contact them about their booking and to allow them entry to the event.
o Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to the Trust completing tasks expected as part of the booking).
• An individual’s name, contact details and other details may be collected at any time (including when booking tickets or at an event), with their consent, in order for the Trust to communicate with them about and promote group activities. See ‘How we get consent’ below.
o Lawful basis for processing this data: Consent (see ‘How we get consent’).
• Pseudonymous or anonymous data (including behavioural, technological and geographical/regional) on an individual may be collected via tracking ‘cookies’ when they access our website or interact with our emails, in order for us to monitor and improve our effectiveness on these channels. See ‘Cookies on the Trust (Maiastra) website’ below.
o Lawful basis for processing this data: Consent (see ‘How we get consent’).
b) We only collect and use personal data for specific, explicit and legitimate purposes and will only use the data for those specified purposes.
When collecting data, the Trust will always provide a clear and specific privacy statement within the communication channel or correspondence explaining to the subject why the data is required and what it will be used for.
c) We ensure any data collected is relevant and not excessive
The Trust will not collect or store more data than the minimum information required for its intended purpose in line with the Trust’s data retention policy.
E.g. we need to collect telephone numbers from supporters in order to be able to contact them about group administration, but data on their marital status or sexuality will not be collected, since it is unnecessary and excessive for the purposes of group administration.
d) We ensure data is accurate and up-to-date
Any individual will be able to update their data at any point by contacting the Data Protection Officer.
e) We ensure data is not kept longer than necessary
The Trust will keep records for no longer than is necessary in order to meet the intended use for which it was gathered (unless there is a legal requirement to keep records).
The storage and intended use of data will be reviewed in line with the Trust’s data retention policy included in this statement. When the intended use is no longer applicable, the data will be deleted within a reasonable period.
f) We keep personal data secure
The Trust will ensure that data held by us is kept secure.
• Electronically-held data will be held within a password-protected and secure environment
• Passwords for electronic data files will be re-set each time an individual with data access leaves their role/position
• Physically-held data (e.g. GiftAid forms or email sign-up sheets) will be stored in a locked cupboard
• Keys for locks securing physical data files should be collected by the Data Protection Officer from any individual with access if they leave their role/position. The codes on combination locks should be changed each time an individual with data access leaves their role/position
• Access to data will only be given to relevant Trustees/contractors where it is clearly necessary for the running of the Trust. The Data Protection Officer will decide in what situations this is applicable and will keep a master list of who has access to data.
g) Transfer to countries outside the EEA
The Trust will not transfer data to countries outside the European Economic Area (EEA), unless the country has adequate protection for the individual’s data privacy rights.
When the Trust collects, holds and uses an individual’s personal data that individual has the following rights over that data. The Trust will ensure its data processes comply with those rights and will make all reasonable efforts to fulfil requests from an individual in relation to those rights.
• Right to be informed: whenever the Trust collects data it will provide a clear and specific privacy statement through the applicable communication channel explaining why it is being collected and how it will be used.
• Right of access: individuals can request to see the data the Trust holds on them and confirmation of how it is being used. Requests should be made in writing to the Data Protection Officer and will be complied with free of charge and within one month. Where requests are complex or numerous this may be extended to two months
• Right to rectification: individuals can request that their data be updated where it is inaccurate or incomplete. Any requests for data to be updated will be processed within one month.
• Right to object: individuals can object to their data being used for a particular purpose. The Trust will always provide a way for an individual to withdraw consent in all marketing communications. Where we receive a request to stop using data we will comply unless we have a lawful reason to use the data for legitimate interests or contractual obligation.
• Right to erasure: individuals can request that all data held on them be deleted. The Trust’s data retention policy will ensure data is not held for longer than is reasonably necessary in relation to the purpose for which it was originally collected. If a request for deletion is made we will comply with the request unless:
• There is a lawful reason to keep and use the data for legitimate interests or contractual obligation.
• There is a legal requirement to keep the data.
Right to restrict processing: individuals can request that their personal data be ‘restricted’ – that is, retained and stored but not processed further (e.g. if they have contested the accuracy of any of their data, the Trust will restrict the data while it is verified).
Though unlikely to apply to the data processed by the Trust we will also ensure that rights related to portability and automated decision making (including profiling) are complied with where appropriate.
The Trust will regularly collect data from consenting supporters for marketing purposes. This includes contacting them to promote performances, updating them about group news, fundraising and other group activities.
If at any time data is collected for this purpose, we will provide:
• A method for users to show their positive and active consent to receive these communications (e.g. a ‘tick box’)
• A clear and specific explanation of what the data will be used for (e.g. ‘Tick this box if you would like The Trust to send you email updates with details about our forthcoming events, fundraising activities and opportunities to get involved. And you will have the right at any stage to withdraw this consent in line with the Privacy statement.)
Data collected will only ever be used in the way described and consented to (e.g. we will not use email data in order to market 3rd-party products unless this has been explicitly consented to).
Every marketing communication will contain a method through which a recipient can withdraw their consent (e.g. an ‘unsubscribe’ link in an email).
A cookie is a small text file that is downloaded onto ‘terminal equipment’ (e.g. a computer or smartphone) when the user accesses a website. It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions.
We will implement a pop-up box on www.maiastra.org that will activate each new time a user visits the website. This will allow them to click to consent (or not) to continuing with cookies enabled, or to ignore the message and continue browsing (i.e. give their implied consent).