Data Protection Policy
Llandudno Museum Data Protection Policy
Everyone has rights with regard to the way in which their personal data is handled. During the course of our activities we will collect, store and process personal data about our Supporters, Donors, Volunteers and Staff. We recognise that the correct and lawful treatment of this data will maintain confidence in the museum and will provide for continued successful business operations.
Data users are obliged to comply with this policy when processing personal data on our behalf. Any breach of this policy may result in disciplinary action.
ABOUT THIS POLICY
The types of personal data that Llandudno Museum may be required to handle include information about current, past, and prospective supporters and others that we communicate with (e.g. Members, Volunteers, Next of Kin and Trustees).
The personal data, which may be held on paper or on secure computer systems or other media, is subject to certain legal safeguards specified in the GDPR and the Data Protection Act 2018 (the Act) and other regulations.
This policy and any other documents referred to in it set out the basis on which we will process any personal data we collect from data subjects, or that is provided to us by data subjects or other sources. This policy does not form part of any employee’s contract of employment and may be amended at any time.
DEFINITION OF DATA PROTECTION TERMS
Data – Information which is stored electronically, on a computer, or in certain paper-based filing systems.
Data subjects – For the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
Personal data – Data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour (e.g. Union Memberships).
Data controllers – The people who, or organisations which, determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.
Data users – Those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.
Data processors – Any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.
Processing – Any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data – Includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.
DATA PROTECTION PRINCIPLES
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:
Processed fairly and lawfully.
Processed for limited purposes and in an appropriate way.
Adequate, relevant and not excessive for the purpose.
Not kept longer than necessary for the purpose.
Processed in line with data subjects’ rights.
Not transferred to people or organisations situated in countries without adequate protection.
FAIR AND LAWFUL PROCESSING
The Act is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. For personal data to be processed lawfully, they must be processed on the basis of one of the legal grounds set out in the Act. These include, among other things, the data subject’s consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, we will ensure that those requirements are met.
PROCESSING FOR LIMITED PURPOSES
In the course of our business, we may collect and process the personal data set out in the policy. This may include data we receive directly from a data subject, for example, by completing forms or by corresponding with us by mail, phone, and email or otherwise.
We will only process personal data for the specific operating purposes of the museum or for any other purposes specifically permitted by the Act. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
NOTIFYING DATA SUBJECTS
If we collect personal data directly from data subjects, we will inform them about:
The purpose or purposes for which we intend to process that personal data.
The types of third parties, if any, with which we will share or to which we will disclose that personal data.
The means, if any, with which data subjects can limit our use and disclosure of their personal data. If we receive personal data about a data subject from other sources, we will provide the data subject with this information as soon as possible thereafter. We will also inform data subjects whose personal data we process that we are the data controller with regard to that data.
ADEQUATE, RELEVANT AND NON-EXCESSIVE PROCESSING
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
We will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.
PROCESSING IN LINE WITH DATA SUBJECT’S RIGHTS
We will process all personal data in line with data subjects’ rights, in particular their right to:
Request access to any data held about them by a data controller.
Prevent the processing of their data for direct-marketing purposes.
Ask to have inaccurate data amended.
Prevent processing that is likely to cause damage or distress to themselves or anyone else.
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
There are procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he/she agrees to comply with those procedures and policies. We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
Confidentiality means that only people who are authorised to use the data can access it.
Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.
Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data must therefore be stored on our central computer system instead of individual PCs.
Security procedures include:
Entry controls – keys must only be issued to staff and authorised volunteers. We will often have members of the public visiting the museum offices who must be supervised at all times. Longer term visitors (Consultants and contractors) should be signed in and out accordingly and wear a visitor badge at all times. Volunteers & Trustees will not be required to wear a visitors badge but still sign in at all times
Secure lockable desks and cupboards – desks and cupboards must be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
Methods of disposal – paper documents should be shredded via a reputable company and an agreement/contract should be in place. Shredding should be performed on site (where possible) and a proof of destruction certificate kept on file. Digital storage devices should be physically destroyed when they are no longer required and disposed of in normal waste.
Equipment – Data users must ensure that individual monitors do not show confidential information to passers-by (volunteers etc.) and that they log off/lock their computer when it is left unattended for any period of time. USB’s & CD’s containing data should be encrypted.
Mobile Phones/Tablets – Personal data relating to the museum must only be stored on a mobile device if this is owned by the museum. Data Users are not allowed to store any museum data on their personal mobile phone.
DISCLOSURE AND SHARING OF PERSONAL INFORMATION
We do not share any information with third parties, although we may do in circumstances set out below.
If we or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets.
If we are under a duty to disclose or share a data subject’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others.
DEALING WITH SUBJECT ACCESS REQUESTS
Data subjects must make a formal request for information we hold about them. This must be made in writing. We will not release data unless we are 100% sure of the data subjects identity. Employees who receive a written request should pass it to the Museum Manager. A Subject Access Request can come via many sources including telephone, Facebook, Twitter, text or verbally. No requests made through other methods should be ignored. When receiving telephone enquiries, we will request that the request must be put in writing.
MARKETING AND FUNDRAISING
This section sets out the museum’s approach to the data protection of our supporters and the measures and processes we will introduce to ensure compliance with the GDPR and the DPA and The Privacy and Electronic Communications Regulation 2003 (PECR).
The Data Protection Principles
· We will never do anything to undermine the trust of our supporters and members, and respect for their privacy.
· We will adopt a very low risk tolerance for privacy & data protection.
· Business activities that present GDPR compliance risk will cease until those risks are fully understood and mitigated where possible.
· We will engage openly with partners, including regulators, to be transparent and share best practice in data protection & privacy.
· We will invest to ensure adequate protection for all personal data we hold.
· We will ask all of our supporters for their marketing preferences being clear and transparent as to how we will process their personal data.
What this means in practice
Supporters, members, visitors and contacts
· From May 2021 Llandudno Museum will operate under a new communications policy. This is in part due to the fact that we will embarked on an ambitious fundraising campaign that requires a more proactive fundraising strategy. While we continue to follow an opt-in approach for all electronic direct marketing (email and text) we will use legitimate interest as the basis for our remaining direct marketing (by post and phone). Supporters who have previously opted in (to any communication channel) will have their preferences respected. Where existing supporters re-engage with us, they will be presented with the new marketing permissions statement, and we will respect their latest instruction.
· From April 2020 we will seek explicit ‘opt in’ consent for all electronic marketing and fundraising communications through email and text.
· We use ‘Legitimate Interests’ for the following activity:
o Direct Marketing: we will send marketing and fundraising communications by post [and to a lesser extent phone] without explicit opt-in consent (providing an opportunity to opt-out of future marketing in each communication).
o Prospect research: we may carry out initial research about an individual using reputable publicly available sources. This helps us to understand our members, supporters, and potential supporters better, giving us an insight into their interests and ability to support our work.
· Where we process personal information for our legitimate interests, we will always consider and balance any potential impact on the individual and their rights under relevant data protection laws. We do this through Legitimate Interest Assessments and Data Protection Impact Assessments.
· We will have a single, blended marketing permissions statement, where individuals can ‘opt in’ and/or ‘opt out’ of the communication channels they chose to – email, text, post and phone.
· We will not collect sensitive personal data (known as ‘Special Category Data’ under the GDPR) without explicit consent from the individual.
· Our database has the capability to record their different preferences and dates when consent was given.
· We use a secure database and have robust policies in place to make sure data is only accessible to relevant staff.
· We have a Data Retention Schedule that details the different constituent groups we hold personal information about, and the different retention periods for those groups. We will not keep personal data for any longer than it is needed. At this point data will be minimised or deleted.
· Below is our marketing permission statement in full
Marketing permission statement (full version, adapted for other forms)
Your support is incredibly important to Llandudno Museum & Gallery. We would like to send you updates, event news and fundraising information. Please tick the boxes below to tell us all the ways you would prefer to hear from us.
Yes please, I would like to receive communications by:
[ ] Text message (SMS)
We may occasionally write to you by post (and to a lesser extent phone you) to share news and activities we believe will be of interest. If you would prefer to no longer receive information like this, or to change any of your communication preferences please email xxxx or call xxxx.
CHANGES TO THIS POLICY
We reserve the right to change this policy at any time. Where appropriate, we will notify the data subjects of those changes by mail or email.
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