1. Scope and Introduction

1.1.  This policy applies to all Data Users (as defined below).

1.2.  This policy does not form part of any employee’s contract of employment and it may be amended at any time.

1.3.  This policy will be reviewed on a regular basis.

2. Purpose

2.1. This policy sets out rules on data protection and the legal conditions that must be satisfied when Development Analytics obtain, handle, process, transfer and store personal data.

2.2. Everyone has rights with regard to the way in which their personal data is handled. During the course of our activities Development Analytics will collect, store and process personal data about our customers, suppliers and other third parties, and Development Analytics recognise that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations.

2.3. The types of personal data that Development Analytics may be required to handle include information about current, past and prospective employees, suppliers, customers, workers, contractors and others that Development Analytics communicate with. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations.

2.4. This policy and any other documents referred to in it sets out the basis on which Development Analytics will process any personal data Development Analytics collect from data subjects, or that is provided to us by data subjects or other sources.

2.5. Data users are obliged to comply with this policy when processing personal data on our behalf. Any breach of this policy may result in disciplinary action. 

3. Personnel responsible

3.1. The Executive Director has the overall responsibility for the effective operation of this policy including ensuring compliance with any relevant legislation, its maintenance and review.

3.2. The Data Protection Compliance Manager is responsible for ensuring our compliance with the Act and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Compliance Manager.

3.3. All Data Users (as defined below) have the day-to-day responsibility for ensuring the effective operation of this policy. 

4. Definition of data protection terms

4.1. Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.

4.2. Data subjects for the purpose of this policy include all living individuals about whom Development Analytics holds personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.

4.3. Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.

4.4. Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. Development Analytics are the data controller of all personal data used in our business for our own commercial purposes.

4.5. Data users are those of our employees or workers whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.

4.6. Data processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on Development Analytics’s behalf.

4.7. Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

4.8. Sensitive personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned. 

5. Data protection principles

Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:

• Processed fairly and lawfully.
• Processed for limited purposes and in an appropriate way.
• Adequate, relevant and not excessive for the purpose.
• Accurate.
• Not kept longer than necessary for the purpose.
• Processed in line with data subjects' rights.
• Secure.
• Not transferred to people or organisations situated in countries without adequate protection.

6. Fair and lawful processing

6.1. The Act is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject.

6.2. For personal data to be processed lawfully, they must be processed on the basis of one of the legal grounds set out in the Act. These include, among other things, the data subject's consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, Development Analytics will ensure that those requirements are met. 

7. Processing for limited purposes

7.1. In the course of our business, Development Analytics may collect and process the personal data including data Development Analytics receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data Development Analytics receive from other sources (including, for example, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies and others).

7.2. Development Analytics will only process personal data for the specific purposes Development Analytics collect it for or for any other purposes specifically permitted by the Act. Development Analytics will notify those purposes to the data subject when Development Analytics  first collect the data or as soon as possible thereafter.

8. How Development Analytics is likely to use staff’s personal data

8.1. Development Analytics will process data about staff for legal, personnel, administrative and management purposes and to enable us to meet our legal obligations as an employer, for example to pay you, monitor your performance and to confer benefits in connection with your employment.

8.2. Development Analytics may process sensitive personal data relating to staff including, as appropriate:

• information about an employee's physical or mental health or condition in order to monitor sick leave and take decisions as to the employee's fitness for work;
• the employee's racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation;
• in order to comply with legal requirements and obligations to third parties.

9. Processing in line with your rights

9.1. You have the right to:

• Request access to any personal data Development Analytics hold about you.
• Prevent the processing of your data for direct-marketing purposes.
• Ask to have inaccurate data held about you amended.
• Prevent processing that is likely to cause unwarranted substantial damage or distress to you or anyone else.
• Object to any decision that significantly affects you being taken solely by a computer or other automated process.

10. Data retention

10.1. Development Analytics will not keep personal data for longer than is necessary for the purpose. This means that data will be destroyed or erased from our systems when it is no longer required.

11. Notifying data subjects

11.1. If Development Analytics collect personal data directly from data subjects, Development Analytics will inform them about:

• The purpose or purposes for which Development Analytics intend to process that personal data.
• The types of third parties, if any, with which Development Analytics will share or to which Development Analytics will disclose that personal data.
• The means, if any, with which data subjects can limit our use and disclosure of their personal data.

12. Adequate, relevant and non-excessive processing

Development Analytics will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.

13. Accurate data

Development Analytics will ensure that personal data Development Analytics hold is accurate and kept up to date. Development Analytics will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Development Analytics will take all reasonable steps to destroy or amend inaccurate or out-of-date data.  

14. Timely processing

Development Analytics will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. Development Analytics will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. 

15. Processing in line with data subject's rights

Development Analytics will process all personal data in line with data subjects' rights, in particular their right to: 

• Request access to any data held about them by a data controller
• Prevent the processing of their data for direct-marketing purposes
• Ask to have inaccurate data amended   
• Prevent processing that is likely to cause damage or distress to themselves or anyone else.

16. Data security

16.1. Development Analytics will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

16.2. Development Analytics will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.

16.3. Development Analytics will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

• Confidentiality means that only people who are authorised to use the data can access it.
• Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
• Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on Development Analytics’ central computer system instead of individual PCs.

16.4. Security procedures include:

• Entry controls. Any stranger seen in entry-controlled areas should be reported.
• Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
• Equipment. Data users must ensure that individual monitors do not show confidential information to passers-by and that they log off from their computers when it is left unattended.

17. Changes to this policy

Development Analytics reserves the right to change this policy at any time. Where appropriate, Development Analytics will notify data subjects.