1. Introduction – responsibilities of Suada
1.1 In the course of undertaking its business activities, Suada collects, receives and processes information a) about its customers, being individuals who use the services of Suada as a service provider (“Customers”) and b) about the customers and clients of its Customers (“Consumers”) who, through the Customers, link into and use the Suada platforms and software functionality as part of the services that the Customers provide to their own Consumers and team. Suada is legally responsible for ensuring that this information ("personal data") is held and processed in accordance with the law and with individuals' rights.
1.2 This Policy sets out how Suada complies with the key rules governing the use of such data, including the requirements of the General Data Protection Regulation 2018 ("GDPR"). For the purposes of this Policy, "Data Protection Legislation" shall be taken to mean GDPR and any UK law concerning the protection of personal data, including any legislation which supplements or replaces GDPR and the Data Protection Act 1998 and laws relating to E-Privacy. In preparing this Policy, Suada has taken into account guidance available at the time from the Information Commissioner's Office (“ICO”) and has taken advice.
1.3 Words and phrases, such as "data controller" and "data processor" as used in this Policy shall have the meanings given to them in GDPR.
1.4 Suada believes it is principally a "data processor" for personal data it holds and, with its Customers agreement, is required to hold that data for the Customer’s purposes. It also processes data of Consumers through their registration to the Customer and enables access to Suada’s services. However, Suada can also collect and hold such personal data itself, at which time it would be a "data controller".
1.5 Suada also processes the personal data of employees or appointed agents or consultants to Suada who in effect work as part of Suada and the term "employee" will be used to refer to such persons.
1.6 This Policy does not document every part of GDPR which may be relevant, but focuses on the key parts applicable to Suada and its aim is to make Suada compliant and to eliminate so far as is reasonably possible potential Data Protection Legislation breaches by Suada and any harm or loss to Customers, Consumers or the employees of Suada.
1.7 Suada may review and amend this policy from time to time as it thinks fit, and will review it on at least an annual basis
2. Data protection principles
Under Data Protection Legislation, Suada is responsible for ensuring that personal data is held and processed in accordance with the Data Protection Legislation. In summary, these principles are that Personal Data:
- (a.) Should be processed lawfully, fairly and in a transparent manner
- (b.) Should be collected for specified, explicit and legitimate purposes, and must be processed in accordance with those purposes
- (c.) Should be adequate, relevant and limited to what is actually necessary for the legitimate purpose for which it is collected
- (d.) Must be accurate and kept up to date(e.) will be stored for no longer than is necessary and in a form that permits identification of data subjects
- (f.) must be processed in a lawful manner; and
- (g.) shall be subject to appropriate security and safety measures.
For the purposes of GDPR, “processing” includes collection and storing personal data.
3. Lawfulness of processing and obtaining consent
3.1 When processing personal data, under Article 6 GDPR, Suada may only process where one or more lawful grounds apply.
3.2 Having considered GDPR and the business activities of Suada, Suada has concluded that its processing of personal data in undertaking its business activities is lawful on the following GDPR grounds:
- (a) the processing is necessary for the performance of a contract to which the data subject, being either a Customer or a Consumer, is party or will be (see Article 6(1)(b) GDPR). Suada’s ‘Subscription Agreement’ is its direct contract created online with a Customer allowing the Customer to provide services to its Consumers; the Customer’s contract with a Consumer which contractually provides Consumers access to and use of Suada’s platforms, software and services, is the contract to which the Consumer as a data subject is party.
- (b) the processing is necessary for the purposes of the legitimate interests (for the purposes of Article 6(1(f) GDPR) pursued by Suada as instructed by its Customers on agreed terms in providing its services to Customers (and allowing the Consumers direct access to Suada’s platforms and software) to help the Customers provide their own services to the Consumers. Providing such services for clients would not be possible without Suada controlling and processing the Customer’s and the Consumer’s personal data, reviewing and evaluating the information to assist the Consumer in receiving the fitness and training services of Suada. Clients clearly benefit from Suada’s services and assistance in relation to which they have used Suada; and
- (c) separately, Suada processes employee’s personal data for the purposes of their salaries, bonuses, pensions and their employment records generally.
3.3 As a result, Suada’s management has reasonably concluded that the legal basis for it processing personal data will be individual consent, except where this is otherwise necessary (see section 3.4 below) and that such consent is given by:
- (a) the Customer executing the Subscription Agreement in which Data Protection Legislation binding provisions and safeguards will be agreed; and
- (b) the Consumer:
- (i) executing its agreement in whatever form with the customer in which Suada will require the Customer to obtain the positive consent of the Consumer to allow Suada to hold and process the Consumer’s personal; data; and/or
- (ii) when first accessing Suada’s online website and services and signing up as a registered user, the Consumer giving a positive consent to Suada holding and using their personal data for the specific reasons concerned.
3.4 As it is possible that Consumers may submit to Suada certain special categories of personal data and in particular medical records or histories, then Suada recognises the need to obtain such explicit consent to the processing of that type of personal data for the purposes of Article 9 GDPR as described in paragraph 3.3(b)(ii) above.
4. Record keeping
4.1 Suada is required to maintain a record of its processing of personal data activities containing specified information (see Article 30 GDPR). To enable Suada to comply with this requirement it will:
- (a) ascertain what personal data is held by Suada and which employees may have access to it or involvement (for the purposes of providing Suada’s services to the Customer and the Consumer);
- (b) analyse what personal data may be transferred on by Suada or processed for Suada by a third party, for what reason and identifying such person or organisation ("Data Processors");
- (c) have each Data Processor comply with the GDPR provisions in respect of a data processor as regards (among other things), the categories of processing carried out for Suada; what procedures are in place to test and maintain accuracy of the personal data; and whether the personal data controlled or processed by the Data Processor is (or may be) transferred to a third party processor or transferred outside the European Economic Area.
5. Retention of data
5.1 Suada recognises that personal data should not be held longer than is necessary. In general terms, very little physical hard copy personal data is held at all, and if so it is for a variety of periods of time depending upon the nature and type of the matter concerned. Such physical information – and thus the hard copy personal data within it - will be kept by Suada for six years and then destroyed as such minimum period of time is required from tax and regulatory rules, guidance, codes and good industry practice, in addition to the fact that six years is often the limitation period in relation to claims. Suada’s public liability insurers also require it.
5.2 As regards personal data in electronic digital form, the same principles apply. Digital personal data is securely encrypted and password-protected using one of the leading tailored IT software systems and Suada will keep abreast of technological developments.
6. Privacy notices
6.1 Suada will ensure that all Customers receive, in their Subscription Agreement with Suada, full notice and details under Article 14 GDPR containing information about how the Customer’s personal data (and that of the Consumers) will be used. It will also contain a tick box under which they give Suada consent to use their personal data to send them Suada’s marketing and promotional information.
6.2 Suada will ensure that the terms of the Subscription Agreement will also contain clear instructions to the Customers that their specific contracts with their Consumers shall contain suitable, adequate and appropriate express positive consent being given by the Consumer at sign up/registration stage to their personal data (and any special data) being passed to, held and processed by Suada as the platform and service provider for the Customer, such details being sufficient under Article 14.
6.3 For further compliance, Suada will, at the initial registration of a Consumer to use Suada’s platform, software and services through the benefit of their contract with the Customer, obtain a clear positive consent of that Consumer allowing and agreeing to Suada’s collection, use and processing of such personal data for the specific purposes which will be indicated (and any special personal data being so collected will have its own separate clear description as to purpose, how it is held and for how long.
6.4 Suada engages third party PR and marketing agencies to promote Suada, including through printed matter and by email sent to individuals. Suada is aware of the individual’s consent, whether Customer, Consumer or otherwise, that it needs to do this. All such recipient databases containing those individuals who have consented to receiving such information will be held by the third party agency and in addition any emails sent out will include the appropriate notices concerning continuing consent.
6.5 Suada does not intend to sell or pass to a third party any personal data for the purposes of that third party’s advertising to individuals.
6.6 The information in the Subscription Agreement and registration with Suada’s platforms will include, amongst other things:
- (a) Suada’s details (as a data controller and processor);
- (b) details of the purposes for which Suada holds and processes personal data and the legal basis for that processing (as set out in section 3 above);
- (c) the likely recipients of personal data;(d) the period of time for which Suada intends to hold the data; and(e) any supplementary information required by Article 13 GDPR or by other applicable Data Protection Legislation.
6.7 Suada will review this information in its Subscription Agreement and website registration processes annually and will amend it to reflect any changes in Data Protection Legislation or in Suada’s practice.
6.8 Suada will keep this approach under review – including taking into account any guidance produced by ICO and industry standards set by appropriate bodies.
6.9 This Policy will be available upon request to all and placed on the Suada website and platform.
7. Rights of Individuals
7.1 Data subject access requests
- (a) Individuals are entitled to access their personal data held by Suada on request (Article 15 GDPR). The response Suada gives to a data subject access request must also include certain other information, such as the purposes of the processing; the recipients (or categories of recipient) to whom the personal data has or will be disclosed; and individuals’ rights to have their data corrected, deleted or to restrict the processing of their data.
- (b) Suada has noted that, under GDPR, the information must be provided to individuals free of charge and within one month of the request.
- (c) Suada will maintain a record of data subject access requests.
7.2 Right to be forgotten
- (a) Under GDPR, individuals have the general right to require Suada to erase all data held in respect of them in various circumstances (Article 17 GDPR). The circumstances include if the individual withdraws consent to processing the data, the retention no longer being necessary for the original purpose for which it was collected and there is no other legitimate ground to justify the processing (see section 3 above). However, Suada need not delete the data if an exception applies, including that the processing is necessary to comply with a legal obligation.(b) Suada considers it unlikely that any individual will seek to exercise this right and has decided to review any request, and take advice, should the situation arise. However, the starting assumptions will be i) is the data is still necessary to be retained for the applying period with regard to the legitimate reason exception as described (and for the reasons given) above?; and ii) for the establishment, exercise or defence of legal claims in the future, whether by or against Suada.
7.3 Right to rectification(a) Individuals have the right to have incorrect personal data about them corrected without undue delay (Article 16 GDPR). Suada endeavours to have its data as up to date and correct as possible and to comply with the expectations of the ICO. Where an error is discovered, Suada already corrects this as soon as possible.
7.4 Right to data portability
Individuals have the right, in certain circumstances, to access their data in machine-readable format and, where technically possible, to have their data transferred directly from Suada to another data controller (Article 20 GDPR). Suada has decided to take no action in relation to data portability at the current time but will monitor the situation and take advice should this become necessary in future.
8. System Security Measures
8.1 System perimeter security will be secure using an advanced Firewall device setup to prevent non-essential access via port access restrictions. All data is stored on secure servers provided by AWS (Amazon Web Services) – please refer to https://aws.amazon.com/security/. The Firewall provides an Intrusion Prevention System, logging all activity.
8.2 Suada will have up to date device and server security. Endpoint devices are protected with TLS 1.2 (SHA256) protocol security software which includes protection for the following:
- (a) data controls - prevents the flow of sensitive data outbound;
- (b) device controls – prevents access to ROMS, USB and Wi-Fi;
- (c) anti-virus – protects the device from malicious content and files types including Malware, Phishing and Viruses;
- (d) web controls – prevents access to websites classified as potentially dangerous and/or offensive; and
- (e) ‘Windows’ updates – device operating systems (i.e. ‘Windows’) will be kept patched up to date using the ‘Windows Update Service’.
8.3 User access to Suada’s systems will be controlled with a best practice “strong” password policy, which includes password complexity and renewal period rules. Access to application software will be controlled with two factor authentication rules.
8.4 Suada will use G-Suite, supplied and provided by Google (please refer to https://gsuite.google.co.uk/intl/en_uk/security/?secure-by-design_activeEl=data-centers) Email Security’ which gives extensive email security measures. These include:(a) targeted threat protection – sandbox for both email attachments and URLs within emails providing additional protection from Ransomware style attacks and other types of malicious threats;(b) attachment management – this prevents the flow of dangerous file types and(c) anti-virus, phishing, malware and spoofing emails are trapped at the gateway before reaching endpoint devices; and(d) strong anti-spam protection following rules based policies.
9. Data security by Employees
9.1 The employees all have responsibility to ensure that in performing their duties they do not endanger the safety and security of personal data Suada holds and processes and at all times act in an appropriate manner concerning the Data Protection Legislation generally and their individual obligations.
9.2 Suada gives all employees a Privacy Notice which covers not only the Privacy Notice required by GDPR Article 14 as regards Suada’s use of their own personal data, but also the obligations of Suada which they must uphold and adhere to. A ‘Do’s and Don’ts’ list is also given to employees. All employees must be aware and cognisant of personal data security and confidence and this will be reinforced by training.
9.3 All Suada employees will undertake mandatory formal training on data protection (and other issues) at suitable intervals and other training as Suada considers appropriate.
9.4 Suada will undertake Data Protection Impact Assessments (as defined in GDPR) (“DPIA”) as and when appropriate.
10. Use of Data Processors
10.1 Suada shall ensure that it has a written contract which meets the requirements of GDPR in place with each data processor to which it may pass personal data to be processed. In particular, Suada will expect each data processor to guarantee that it will meet the requirements of GDPR and will protect clients’ and other individuals’ rights.
10.2 Before engaging a new data processor, Suada will check that:
- (a) the geography and location of the data processor and where the personal data will be processed;
- (b) the data processor has appropriate technical and organisational measures in place to keep personal data secure; and
- (c) the data processor's staff who will be engaged in processing personal data in relation to the Scheme are subject to a duty of confidentiality and are aware of data protection matters and their obligations.
10.3 Suada will seek appropriate assurances from each data processor as to the security arrangements it has in place. This may take the form of:
- (a) for an existing data processor, a short summary of its key data security measures;
- (b) for a new data processor, before entering into a new contract, a short statement of its key data security measures; and
- (c) subsequent confirmation from each continuing data processor every 36 months of what, if any, changes there have been to its security arrangements.
10.4 Suada recognises that its data processors may wish to sub-contract some services, which may include sub-contractors processing data on behalf of the data processor. Suada will ensure that its contract with a data processor wishing to do this will contain provisions concerning sub-contracting which meet the requirements of GDPR.
11. Data security breaches
11.1 Suada takes seriously the need to deal with any data breach swiftly and appropriately to minimise or eliminate risk of detrimental impact on any data subjects. For this purpose, a data breach may include (but is not limited to) unauthorised disclosure of or access to personal data; or accidental or unlawful destruction of personal data; or loss or alteration of personal data.
11.2 Suada shall require its employees and its data processors to report data breaches or complaints to Suada’s Data Protection Officer promptly and to assist Suada in ensuring compliance with the requirements of GDPR.
11.3 On being notified of a data breach or complaint, the Suada Data Protection Officer will as soon as possible notify Suada’s senior management and Suada shall initially deal with it through the process outlined in Suada’s GPDR Complaints Policy.
11.4 Notwithstanding the initialisation of the procedure outlined in Suada’s GDPR Complaints Policy, in any event where a data breach has occurred, Suada shall consider whether it is necessary or appropriate to notify the Information Commissioner's Office ("ICO") or the affected individual in the event of a data breach, and will take professional advice as a matter of urgency where required.
11.5 Suada will maintain a record of any data breaches and complaints and action taken in relation to each breach and complaint in inventory form.
11.6 Suada will act reasonably in assisting data controllers of information it holds and its appointed sub-processors in investigating and resolving any breaches of this Policy or GDPR generally and will review, update and amend this Policy (and others) in the light and context of any breaches or issues arising.
12. Data Protection Officer and Data Protection Impact Assessments
12.1 Suada has considered the sections under Data Protection Legislation to appoint a data protection officer ("DPO") or to carry out a data protection impact assessment ("DPIA") in certain circumstances.
12.2 Suada, having considered the possibility of appointing a Data Protection Officer as described in GPDR, has concluded that it is required to appoint a DPO.
12.3 Under GDPR, organisations are required to undertake a DPIA "where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons."
12.4 Suada does not believe that at the present time the nature of its processing (which - as set out in section 3 above - is fundamentally to provide a central database and hub for service users of its Consumers as required by its Subscription Agreement obligations is such that there is likely to be a high risk to the rights and freedoms of individuals and it has concluded that it is not necessary for it to undertake any DPIAs at the present time.
This Version 1.1 of this Policy was adopted by the directors of Suada Limited on 1st April 2021.