Flex Health Ltd and Flex Health Clinical Ltd referred to as the Company, take our responsibility to data security seriously, and ensure that we take all reasonable measures available to assure the safe management and storage of this.

This policy provides important information about:

• the data protection principles with which the Company must comply;

• what is meant by personal data (or information) and special category data (or information);

• how we gather, use and (ultimately) delete personal data and special category data in accordance with the data protection principles;

• where more detailed privacy information can be found, e.g. about the personal data we gather and use about you, how it is used, stored and transferred, for what purposes, the steps taken to keep that data secure and for how long it is kept;

• your rights and obligations in relation to data protection; and

• the consequences of failure to comply with this policy.

Once you have read and understood this policy, please confirm that you have done so by signing at the end of this document.

Introduction

1. The Company obtains, keeps and uses personal data (also referred to as personal information) about job applicants, clients, and members of the public and about current and former employees and members of the public, temporary and agency workers, contractors, interns, volunteers and apprentices for a number of specific lawful purposes, as set out in the Company’s data protection privacy notices relating to recruitment and employment.

1. This policy sets out how we comply with our data protection obligations and seek to protect personal data relating to our workforce and members of the public. Its purpose is also to ensure that staff and members of the public understand and comply with the rules governing the collection, use and deletion of personal data to which they may have access in the course of their work.

1. We are committed to complying with our data protection obligations, and to being concise, clear and transparent about how we obtain and use personal data relating to our workforce and members of the public, and how (and when) we delete that data once it is no longer required.

1. The Commercial Operations Lead is responsible for data protection compliance within the Company. If you have any questions or comments about the content of this policy or if you need further information, you should contact Commercial Operations Lead by email at operations@flex-health.co.uk

Scope

• This policy applies to the personal data of job applicants, clients, and members of the public and current and former staff and members of the public, including employees and members of the public, temporary and agency workers, interns, volunteers and apprentices.

Staff should refer to the Company’s data protection privacy notice and, where appropriate, to its other relevant policies including in relation to internet, email and communications, monitoring, social media, information security, data retention, bring your own device (BYOD)

and criminal record information, which contain further information regarding the protection of personal data in those contexts.

Definitions

• Data protection principles

• The Company will comply with the following data protection principles when sa personal data:

• we will process personal data lawfully, fairly and in a transparent manner;

• we will collect personal data for specified, explicit and legitimate purposes only, and will not process it in a way that is incompatible with those legitimate purposes;

• we will only process the personal data that is adequate, relevant and necessary for the relevant purposes;

• we will keep accurate and up to date personal data, and take reasonable steps to ensure that inaccurate personal data are deleted or corrected without delay;

• we will keep personal data in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed; and

• we will take appropriate technical and organisational measures to ensure that personal data are kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

Basis for processing personal data

• In relation to any processing activity, we will, before the processing starts for the first time, and then regularly while it continues:

• review the purposes of the particular processing activity, and select the most appropriate lawful basis (or bases) for that processing, i.e.:

• that the data subject has consented to the processing;
  • that the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
  • that the processing is necessary for compliance with a legal obligation to which the Company is subject;
  • that the processing is necessary for the protection of the vital interests of the data subject or another natural person;
  • that the processing is necessary for the purposes of legitimate interests of the Company, except where those interests are overridden by the interests of fundamental rights and freedoms of the data subject—see clause 5.2 below.
  • except where the processing is based on consent, satisfy ourselves that the processing is necessary for the purpose of the relevant lawful basis (i.e. that there is no other reasonable way to achieve that purpose);

• document our decision as to which lawful basis applies, to help demonstrate our compliance with the data protection principles;

• include information about both the purposes of the processing and the lawful basis for it in our relevant privacy notice(s);

• where ‘special category data is processed, also identify a lawful special condition for processing that data (see paragraph 6.2.2 below), and document it; and

• where criminal records data is processed, also identify a lawful condition for processing that data, and document it.

1. When determining whether the Company’s legitimate interests are the most appropriate basis for lawful processing, we will:

1. conduct a legitimate interests assessment (LIA) and keep a record of it, to ensure that we can justify our decision;

1. if the LIA identifies a significant privacy impact, consider whether we also need to conduct a data protection impact assessment (DPIA);

1. keep the LIA under review, and repeat it if circumstances change; and

1. include information about our legitimate interests in our relevant privacy notice(s).

Special category data

• Special category data is sometimes referred to as ‘sensitive personal data’ or ‘sensitive personal information.’

• The Company only process special category data for its legitimate business practices and interests.

• we have a lawful basis for doing so as set out in paragraph 5.1.1 above, e.g. it is necessary for the performance of the contract, to comply with the Company’s legal obligations or for the purposes of the Company’s legitimate interests; and

• one or more of the following special conditions for processing special category data applies, e.g.:

• the data subject has given explicit consent;
  • the processing is necessary for the purposes of exercising the employment law rights or obligations of the Company or the data subject;
  • the processing is necessary to protect the data subject’s vital interests, and the data subject is physically incapable of giving consent;
  • processing relates to personal data which are manifestly made public by the data subject;
  • the processing is necessary for the establishment, exercise or defence of legal claims; or
  • the processing is necessary for reasons of substantial public interest.
  • special category data will not be processed until:

• the individual has been properly informed (by way of a privacy notice or otherwise) of the nature of the processing, the purposes for which it is being carried out and the legal basis for it.

• The Company’s data protection privacy notice sets out the types of special category data that the Company processes, what it is used for and the lawful basis for the processing.

• In relation to special category data, the Company will comply with the procedures set out in paragraphs 6.6 and 6.7 below to make sure that it complies with the data protection principles set out in paragraph 4 above.

1. During the recruitment process: the HR department will ensure that (except where the law permits otherwise):

1. during the short-listing, interview and decision-making stages, no questions are asked relating to special category data, e.g. race or ethnic origin, trade union membership or health;

1. if special category data is received, e.g. the applicant provides it without being asked for it within their CV or during the interview, no record is kept of it and any reference to it is immediately deleted or redacted;

1. any completed equal opportunities monitoring form is kept separate from the individual’s application form, and not be seen by the person shortlisting, interviewing or making the recruitment decision;

1. ‘right to work’ checks are carried out before an offer of employment is made unconditional, and not during the earlier short-listing, interview or decision-making stages;

1. we will not ask health questions in connection with recruitment.

1. During employment: the HR department will process:

1. health data for the purposes of administering sick pay, keeping sickness absence records, monitoring staff and members of the public attendance and facilitating employment-related health and sickness benefits;

1. special category data for the purposes of equal opportunities monitoring and pay equality reporting.

Criminal records data

Criminal records data will be processed in accordance with the Company’s Criminal records data policy.

Data protection impact assessments (DPIAs)

• Where processing is likely to result in a high risk to an individual’s data protection rights (e.g. where the Company is planning to use a new form of technology), we will, before commencing the processing, carry out a DPIA to assess:

• whether the processing is necessary and proportionate in relation to its purpose;

• the risks to individuals including members of the public; and

• what measures can be put in place to address those risks and protect personal data.

• Before any new form of technology is introduced, the manager responsible should therefore contact the Commercial Operations Lead in order that a DPIA can be carried out.

Documentation and records

• We will keep written records of processing activities which are high risk, i.e. which may result in a risk to individuals including members of the public’ rights and freedoms or involve special category data or criminal records data, including:

• the name and details of the employer’s organisation (and where applicable, of other controllers, the employer’s representative and DPO);

• the purposes of the processing;

• a description of the categories of individuals including members of the public and categories of personal data;

• categories of recipients of personal data;

• where possible, retention schedules; and

• where possible, a description of technical and organisational security measures.

• As part of our record of processing activities we document, or link to documentation, on:

• information required for privacy notices;

• records of consent;

• controller-processor contracts;

• the location of personal data;

• DPIAs; and

• records of data breaches.

• If we process special category data or criminal records data, we will keep written records of:

• the relevant purpose(s) for which the processing takes place, including (where required) why it is necessary for that purpose;

• the lawful basis for our processing; and

• whether we retain and erase the personal data in accordance with our policy document and, if not, the reasons for not following our policy.

• We will conduct regular reviews of the personal data we process and update our documentation accordingly.

• We document our processing activities in electronic form so we can add, remove and amend data easily.

Privacy notice

• The Company will issue privacy notices from time to time, informing you about the personal data that we collect and hold relating to you, how you can expect your personal data to be used and for what purposes.

1. We will take appropriate measures to provide information in privacy notices in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Individual rights

• You (in common with other data subjects) have the following rights in relation to your personal data:

• to be informed about how, why and on what basis that data is processed—see the Company’s data protection privacy notice;

• to obtain confirmation that your data is being processed and to obtain access to it and certain other information, by making a data subject access request—see the Company’s subject access request policy;

• to have data corrected if it is inaccurate or incomplete;

• to have data erased if it is no longer necessary for the purpose for which it was originally collected/processed, or if there are no overriding legitimate grounds for the processing (this is sometimes known as ‘the right to be forgotten’);

• to restrict the processing of personal data where the accuracy of the data is contested, or the processing is unlawful (but you do not want the data to be erased), or where the employer no longer needs the personal data but you require the data to establish, exercise or defend a legal claim; and

• to restrict the processing of personal data temporarily where you do not think it is accurate (and the employer is verifying whether it is accurate), or where you have objected to the processing (and the employer is considering whether the organisation’s legitimate grounds override your interests).

• If you wish to exercise any of the rights in paragraphs 11.1.3 to 11.1.6, please contact the Commercial Operations Lead at operations@flex-health.co.uk

Individual obligations

• Individuals are responsible for helping the Company keep their personal data up to date. You should let the HR department know if the data you have provided to the Company changes, for example if you move house or change details of the bank or building society account to which you are paid.

• You may have access to the personal data of other members of staff and members of the public, suppliers and clients of the Company in the course of your employment or engagement. If so, the Company expects you to help meet its data protection obligations to those individuals including members of the public. For example, you should be aware that they may also enjoy the rights set out in paragraph 11.1 above.

• If you have access to personal data, you must:

• only access the personal data that you have authority to access, and only for authorised purposes;

• only allow other Company staff and members of the public to access personal data if they have appropriate authorisation;

• only allow individuals including members of the public who are not Company staff and members of the public to access personal data if you have specific authority to do so from a Director, or Commercial Operations Lead;

• keep personal data secure (e.g. by complying with rules on access to premises, computer access, password protection and secure file storage and destruction and other precautions set out in the Company’s information security policy);

• not remove personal data, or devices containing personal data (or which can be used to access it), from the Company’s premises unless appropriate security measures are in place (such as pseudonymisation, encryption or password protection) to secure the data and the device; and

• not store personal data on local drives or on personal devices that are used for work purposes, and comply with the Company’s BYOD policy.

• You should contact the Commercial Operations Lead if you are concerned or suspect that one of the following has taken place (or is taking place or likely to take place):

• processing of personal data without a lawful basis for its processing or, in the case of special category data, without one of the conditions in paragraph 6.2 being met;

• any data breach as set out in paragraph 15.1 below;

• access to personal data without the proper authorisation;

• personal data not kept or deleted securely;

• removal of personal data, or devices containing personal data (or which can be used to access it), from the Company’s premises without appropriate security measures being in place;

• any other breach of this policy or of any of the data protection principles set out in paragraph 4.1 above.

Information security

• The Company will use appropriate technical and organisational measures in accordance with the Company’s information security policy to keep personal data secure, and in particular to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage. These may include:

• making sure that, where possible, personal data is pseudonymised or encrypted;

• ensuring the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

• ensuring that, in the event of a physical or technical incident, availability and access to personal data can be restored in a timely manner; and

• a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

• Where the Company uses external organisations to process personal data on its behalf, additional security arrangements need to be implemented in contracts with those organisations to safeguard the security of personal data. In particular, contracts with external organisations must provide that:

• the organisation may act only on the written instructions of the Company;

• those processing the data are subject to a duty of confidence;

• appropriate measures are taken to ensure the security of processing;

• sub-contractors are only engaged with the prior consent of the Company and under a written contract;

• the organisation will assist the Company in providing subject access and allowing individuals including members of the public to exercise their rights in relation to data protection;

• the organisation will assist the Company in meeting its obligations in relation to the security of processing, the notification of data breaches and data protection impact assessments;

• the organisation will delete or return all personal data to the Company as requested at the end of the contract; and

• the organisation will submit to audits and inspections, provide the Company with whatever information it needs to ensure that they are both meeting their data protection obligations, and tell the Company immediately if it is asked to do something infringing data protection law.

• Before any new agreement involving the processing of personal data by an external organisation is entered into, or an existing agreement is altered, the relevant staff and members of the public must seek approval of its terms by the Commercial Operations Lead.

Storage and retention of personal data

• Personal data (and special category data) will be kept securely in accordance with the Company’s information security policy.

• Personal data (and special category data) should not be retained for any longer than necessary. The length of time over which data should be retained will depend upon the circumstances, including the reasons why the personal data was obtained. Staff should follow the Company’s records retention policy which set out the relevant retention period, or the criteria that should be used to determine the retention period. Where there is any uncertainty, staff and members of the public should consult the Commercial Operations Lead.

• Personal data (and special category data) that is no longer required will be deleted permanently from our information systems and any hard copies will be destroyed securely.

Data breaches

• A data breach may take many different forms, for example:

• loss or theft of data or equipment on which personal data is stored;