Data Controller: Daniel Blake
Introduction
In the ordinary course of business Top Banana Team collects, holds, processes and transfers personal data. This includes data relating to current, past, prospective, temporary employees, suppliers and clients.
It is vital that Top Banana Team establishes and operates to a very high standard of data protection for personal and commercial data.
This policy sets out the minimum standards of conduct and procedure Top Banana Team expects from data users throughout the company.
Failure by any employee or director may result in civil or criminal legal action being taken against Top Banana Team. It is the responsibility of managers to ensure that their staff are aware and comply with this policy, and wilful and negligent non-adherence to this policy by any manager or employee is a serious disciplinary matter, which could result in dismissal.
Core Principles of this policy
1. Respect for the Privacy of Individuals
Top banana Team respects the privacy of the personal data provided by its employees, suppliers and clients and will use the data-
· In such a way to safeguard the data from unauthorised and accidental disclosure or destruction
· Only when necessary to fulfil a specific purpose
2. Data Protection Laws
Top banana Team will not transfer personal information to countries outside European Economic area unless that country has adequate data protection laws which impose strict legal obligations on Top Banana Team to safeguard the rights of the individuals to whom the data relates.
3. Collection and Use of Personal Data
Top Banana Team collects data in various ways in all cases there should be valid and explicit reasons for collecting, for holding and for processing the data. Top Banana Team does not permit the publishing of personal data on the internet/intranet or any other publicly available medium without the consent of the individual.
The underlying principles for the collection and the use of data are - It should be processed fairly and lawfully. It should be adequate, relevant and not excessive. It should be accurate and kept up to date. It should be kept no longer than necessary, or as required by law. Archive polices should be introduced and records should be marked with destruction dates.
4. Rights of the Individual
It is Top Banana Team policy to respect the right of individuals and to provide them with reasonable access to data held. Employees are entitled to see a copy of their personal data. Top Banana Team has 40 days to respond to any such request. A fee may be charged for this. Employees should be permitted to correct or update information as necessary.
5. Sensitive Personal Data
Sensitive personal data is information on an employee's racial or ethnic origin, political opinions, religious and similar beliefs, trade union memberships, physical or mental health, sex life, and criminal offences, convictions or proceedings. The collection and processing of sensitive personal data requires the explicit and informed consent of individuals. Sensitive personal data must be made available to users only on a strict 'need to know' basis, and managed with the highest practical level of security and confidentiality.
6. Disclosure of Personal Data
It is Top Banana Team policy to ensure that personal data is protected at all times, and it is the responsibility of all users of personal data to ensure that data is treated confidentially. It may be necessary to disclose personal data where this is -
· To enable Top Banana Team to perform its obligations under the contract with the individual
· Necessary for the conduct of Top Banana Team business, or
· Required by law
Disclosure for any other reason is not permitted without the consent of the individual. Any database containing personal information used for mail out purposes be it postal, e-mail or telephonic will not be disclosed to any third party organisation.
7. Data Security
It is Top Banana Team policy to ensure that technical and organisational security measures are in place to prevent accidental loss, disclosure, destruction or damage to personal data whether in Top Banana Team possession or in the possession of third parties. Documents containing personal data whose loss could be detrimental to Top Banana Team or to employees should be marked CONFIDENTIAL - FOR INTERNAL USE ONLY.
Written contracts must be in place with data processors, (which includes third parties and other Group companies), under which they commit to the provision of adequate technical and organisational security measures.
8. Cross Border transfer of Personal Data
Whenever personal data is transferred cross border, whether within the group or to third parties Top Banana Team is obligated to protect the data in accordance with the data protection laws of the country of origin. Generally if personal data is transferred from a regulated country to an unregulated country the personnel's informed consent should be obtained before transfer occurs.
