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Aim of Policy Policy is to provide compliance with the Data Protection Acts 1998 and 2018 (including EU General Data Protection Regulations 2016/679). It will also provide details on how personal data should be processed, how it is accessed and used, length of record retentions and the decision making process for transferring records to the Company Archive. |
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Who is Covered by this Policy
All staff members of Travel Modernism Limited are responsible for maintaining compliance with the Policy regardless of role or location. Contractors who process or hold personal data on behalf of the Travel Modernism Limited will also have to comply with this Policy.
Legal Justification for Processing and Retaining Personal Data
Consent - Members of the public actively consent to their personal data being processed when making a booking or buying a product, which is highlighted as a privacy notice within emails and on the website.
Cookies are very small text files that are stored on your computer when you visit some websites.
We use cookies to help identify your computer, so we can tailor your user experience, track shopping basket contents and remember where you are in the order process.
You can disable any cookies already stored on your computer, but these may stop our website from functioning properly.
The following is strictly necessary in the operation of our website.
This website will: Remember what is in your shopping basket - Remember where you are in the order process - Remember that you are logged in and that your session is secure. You need to be logged in to complete an order. The following are not Strictly necessary but are required to provide you with the best user experience and also to tell us which pages you find most interesting (anonymously). Functional Cookies. The Travel Modernism Limited website will: Track the pages you visit via Google Analytics Targeting Cookies. This website will: Allow you to share pages with social networks. This website will not: Share any personal information with third parties.
Contract - Travel Modernism Limited will process personal data with regard to contracts and other legal agreements as required in pursuant of our business.
Legal Obligation - As a private limited company Travel Modernism Limited has to comply with the Companies Act 2006 which requires us to account for the sources of income and destination of expenditure, thus the processing of personal data complies with this requirement.
Retention of Records
Customer details - Customer personal data will be reviewed for retention six years after the customer procured a service or product. Decisions for further retention will be based primarily on governed by legal or governance issues.
Contract, Legal Agreement & Financial Records - Legally required to retain records for a minimum of six financial years after the financial year they relate to.
Legal Rights of Data Subjects
Subject Access Requests - A Data Subject has the right to make a subject access request in writing about themselves to Travel Modernism Limited with regard to records held by Travel Modernism Limited. Travel Modernism Limited will require two proofs of identity, one of which must be photographic, eg passport and the other proof of address such as bank statement. Travel Modernism Limited is required to respond within thirty days of the request with either a response to say no records held or to provide electronic copies in a method to be agreed with the requestor. Travel Modernism Limited reserves the right to redact information concerning third party information and to reject requests that would be cost excessive. Travel Modernism Limited will not charge for subject access requests.
Amendment or Erasure - Requests for amendment of customer data will normally be carried out within 30 days of receiving a written request. Requests for erasure will be reviewed on a case by case basis. If it relates to Archive Records we won't erase the Record but will place a note alongside it to reflect any objection received.
Privacy Impact Assessments
Travel Modernism Limited will undertake a privacy impact assessment before making any changes to the processing, use or disclosure of personal data within Travel Modernism Limited or to third parties.
Disclosure of Personal Data
Subject Access Requests by Authorised Bodies - Travel Modernism Limited may receive requests for the disclosure of personal data from the Police or other authorised bodies. The requests will be reviewed on a case by case.
Sale or transfer of personal data to third parties for commercial purposes - Travel Modernism Limited will not disclose personal data to third parties unconnected with the administration of the product or service procured by the customer.
Breaches of the Data Protection Act
Definition - A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes. It also means that a breach is more than just about losing personal data. A personal data breach can be broadly defined as a security incident that has affected the confidentiality, integrity or availability of personal data. In short, there will be a personal data breach whenever any personal data is lost, destroyed, corrupted or disclosed; if someone accesses the data or passes it on without proper authorisation; or if the data is made unavailable and this unavailability has a significant negative effect on individuals.
Actions to be Taken - On becoming aware of a personal data breach please inform the Data Protection Officer.
The Data Protection Officer will conduct an investigation and determine if the Information Commissioner’s Office needs to be informed within 72 hours of being made aware of a breach.
The requirements to notify the ICO will depend if the breach involves any of the following circumstances.
“A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned.”
The Data Protection Officer will need to undertake actions to mitigate as far as possible the effects on the individuals concerned. We’re also required to inform the individuals concerned of the incident and the actions taken to remedy the matter.
Even if the breach doesn’t require ICO notification, the Data Protection Officer will need to document the incident and provide justification for not reporting the breach.
Communications
Email - Please use the Travel Modernism Limited email account to communicate with customers and suppliers. The emails form part of the records created by Travel Modernism Limited and belong to it in order to provide legal and historical evidence of actions taken and decisions made. Emails sent and received are included within the scope of subject access requests. Therefore it will be easier to process these requests and not infringe on your personal business if you have to disclose emails from your private email account. By using the Travel Modernism Limited account you present a professional approach to customers and external contacts. When sending emails to a large number of recipients please use the blind carbon copy (bcc) for the email addresses so they are not disclosed to other members.
Record Keeping
Financial - We’re legally required to retain records for a minimum of six financial years after the financial year they relate to.
Administration - Important to retain these records as both legal evidence of governance and for potential future retention within the Travel Modernism Limited Archive. For a full list of records and their retention periods, please see retention schedule in Appendix A.
Disposal of Records - Records containing personal information which are selected for disposal should be disposed of in a confidential manner. These may include shredding for paper/compact discs, destruction of digital drives or through a confidential waste company. Please contact the Data Protection Officer if you require advice on the subject. A record should be kept of those records disposed of along with a date of destruction and justification.
Appendix A: Retention Schedule
Types of Records
Agendas & Minutes of Director Meetings. Retention Period: 10 years. Retention Action: Transfer to the Archive
Contracts & Legal Agreements & Records. Retention Period: 10 years. Retention Action: Transfer to the Archive
Financial Records including bank statements, invoices & receipts. Retention Period: Minimum of six financial years after the financial year they relate to. Retention Action: Destroy confidentially.
Complaints. Retention Period: 10 years. Retention Action: Review & retain if litigation may occur or relates to child safeguarding issues
Customer Records. Retention Period: 6 years after the product or service was procured. Retention Action: Review & retain if of continuing legal or governance required. Otherwise the records should be destroyed in a confidential manner
Disposal Register. Retention Period: Permanent. Retention Action: Transfer to the Archive
Products. Retention Period: Permanent. Retention Action:
Transfer one example of each product made to the Archive
Publications & Newsletters. Retention Period: Permanent. Retention Action: Transfer to the Archive
Photographs & Film footage. Retention Period: Permanent. Retention Action: Transfer to the Archive
Websites & Social Media content. Retention Period: Annually. Retention Action: Copies of content should be transferred to the Archive
D. Scott-Davies, Director, 9 May 2018