Data Protection Policy

What is Personal Data?

Personal data only includes information relating to natural persons who:

• Can be identified or who are identifiable, directly from the information in question; or
• Who can be indirectly identified from that information in combination with other information?
• Information about individuals acting as sole traders, employees, partners and company directors where they are individually identifiable and the information relates as an individual may constitute personal data.

What is Not Personal Data Under the GDPR?

• Personal data that can be truly anonymised then the data is not subject to the GDPR
• Information about a deceased person does not constitute personal data and therefore is not subject to the GDPR.
• Information about companies or public authorities is not personal data

Article 5 of the GDPR sets out seven key principles which lie at the heart of the general data protection regime.

Article 5(1) requires that personal data shall be:

1. Processed lawfully, fairly and in a transparent manner in relation to individuals (lawfulness, fairness and transparency);
2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’)
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
4. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
5. Kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’)
6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘Integrity and Confidentiality’)
Article 5(2) adds that:

“The controller shall be responsible for, and be able to demonstrate compliance with paragraph 1 (‘accountability’).”

Principle 1 – What is the lawfulness, fairness and transparency principle and how does EverChain EU adhere to the principle?

Article 5.1 Processed lawfully, fairly and in a transparent manner in relation to individuals (lawfulness, fairness and transparency)

Lawful

EverChain EU consider the lawful basis for processing data to be legitimate interests for the following reasons;

• We are happy to take full responsibility for justifying our processing
• We have identified the legitimate interest
• The legitimate interest is compelling enough to justify the potential impact on individuals or any element of the processing which would be unexpected

When EverChain EU collects its own personal data through the use of our own consumer-facing websites we will be using consent as the lawful basis for processing personal data.

What is Fairness?

Fairness means that we should only handle personal data in ways that people would reasonably expect and not use it in ways that have unjustified adverse effects on them. EverChain EU does not and will not obtain data in a manner that is not within our legitimate interests and has been obtained in a deceiving or misleading way.

What is Transparency?

Transparent processing is about being clear, open and honest with people from the start about who we are, and how and why we are using their personal data. EverChain EU makes it clear throughout our websites and communications, who we are, how we use personal data and why we are using personal data.

Principle 2 – What is the purpose limitation principle?

Article 5(1)(b) says

Personal data shall be:
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89 (1), not be considered to be incompatible with the initial purposes.”

EverChain EU must:

• Be clear from the outset why we are collecting personal data and what we intend to do with it;
• Comply with our documentation obligations to specify our purposes;
• Comply with our transparency obligations to inform individuals about your purposes; and

Ensure that if we plan to disclose personal data for any purpose that is additional to or different from the originally specified purposes, the new use is fair, lawful and transparent.

The purpose for collecting personal data, the use of information and contact from EverChain EU and third parties, is outlined in the privacy policy.

Principle 3- What is the data minimisation principle?

Article 5 (1)(c) says:

Personal data shall be:

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation)

EverChain EU collects the amount of personal data that is necessary for us to provide our professional services to our clients, such as name, contact details, business details, billing details etc.

Principle 4- What is the accuracy principle?

Article 5(1)(d) says:

Personal data shall be:
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regards to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)”

EverChain EU collects personal data that is filled out by a client and no personal data is altered. If a client enters the incorrect information on an application form, they can alter this information with us directly.

Principle 5 – What is the storage limitation principle?

Article 5(1)(e) says

Personal data shall be:
(e) kept in a form which permits the identification of data subjects for no longer than is for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with article 89(1) subject to implementation of the appropriate technical and organisational measures required by the regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’)”

EverChain EU will retain information for as long as there is a business relationship with the customer. We will retain data as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Principle 6 – What does the GDPR say about security?

Article 5(1)(f) of the GDPR concerns the integrity and confidentiality of personal data. It says that personal data shall be:

‘Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.’

This is the GDPR security principle which covers information security. EverChain EU operates an IT information security policy.

Principle 7- What is the accountability principle?

Article 5(2)

“The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (the other data protection principles)”

EverChain EU approach to accountability include but is not limited to;

A good level of understanding and awareness of data protection amongst staff

• A comprehensive set of policies and procedures for handling personal data
• A record-keeping policy or what we do and why

Article 24(1) of the GDPR says:

• We must implement technical and organisational measures to ensure and demonstrate compliance with the GDPR
• The measures should be risk-based and proportionate; and
• We need to review and update the measures as necessary.

There are a number of processes that EverChain EU adheres to in order to maintain compliance with the GDPR including;

• Written policies and procedures where necessary covering all seven principles of the GDPR and Data protection act 2018
• Annual reviews of all policies and procedures.
• A compliance monitoring programme for all partners EverChain EU works with
• All companies EverChain EU works with goes through a due diligence process to ensure we are only working with companies who adhere to the GDPR
• All partners sign contracts with the EverChain EU
• Operate a strict IT security policy

Individual Rights

The Right to Be Informed

• EverChain EU will provide individuals with information including our purpose for processing their personal data, our retention periods and who will share the information with.
• It will be available when we collect the information about them within our privacy policy
• If we collect data from other sources, we will gather the information in a reasonable time frame and within a month
• The information we collect will be concise, transparent, intelligible, easily accessible, and it will be in clear and plain language
• We will review our privacy information regularly and update individuals on new uses for their data before processing.

Right of Access

• Individuals have a right to access their data.
• Individuals can make a subject access request verbally or in writing
• We will respond to a subject access request within one calendar month
• We will not charge a fee for subject access requests

Right of Rectification

• The GDPR includes a right for individuals to have inaccurate personal data rectified, or completed if it’s incomplete.
• An Individual can request for EverChain EU for rectification verbally or in writing.
• EverChain EU will respond within one calendar month to the request.
• A record will be kept in the database outlining the request, the date and time the request was received, who signed the request off and who actioned the request along with the date and time the request was actioned.
• The customer will be informed of the process that has been actioned and any other further information if required

Right of Erasure

• It is a right that consumers have under the General Data Protection Regulation (GDPR) to ask for the data we hold about them to be deleted.
• EverChain EU will action the right to be forgotten requests within 30-days

A request can come in writing via email or verbally on the phone from the customer or from a third party where the data came from. The customer or the third party will need to provide evidence and their desired solution.

Right to Restrict Processing

• Individuals have the right to request the restriction or suppression of their personal data.
• This is not an absolute right and only applies in certain circumstances.
• If the customer is not an existing customer but is opted into marketing, they can request to be opted out of marketing. This is detailed in our marketing opt out policy.
• When processing is restricted, we are permitted to store the personal data, but not use it.
• An individual can make a request for restriction verbally or in writing.
• We will respond within one calendar month to respond to a request.

Right to Portability

• The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services.
• The right only applies to information an individual has provided to a controller.
• Individuals do not pass information directly to controllers.

Right to Object

• The GDPR gives individuals the right to object to the processing of their personal data in certain circumstances.
• Individuals have an absolute right to stop their data being used for direct marketing.
• This is outlined within the financial promotions policy.