Data Protection Policy

1. Introduction

At Everpool, we prioritise the utmost protection and confidentiality of both client data and our
company’s business information. This commitment to data privacy is an integral part of our data
protection policy. We are dedicated to maintaining the highest standards in safeguarding the
information entrusted to us by our clients and preserving the confidentiality of our internal business
operations.
1.1. We need to gather and use information or ‘data’ about you as part of our business and to
manage our relationship with you. This Policy sets out the things we must tell you about data
protection.
1.2. We take the security and privacy of your data seriously and intend to comply with our legal
obligations under the Data Protection Act 2018 (2018 Act) and the EU General Data Protection
Regulation (GDPR) in respect of data privacy and security.
1.3. This Policy applies to current and former employees, workers, volunteers, apprentices and
consultants, clients and candiates. If you fall into one of these categories, then you are a ‘data
subject’ for the purposes of this Policy. You should read this Policy alongside your contract
and any other notice we issue to you from time to time in relation to your data.
1.4. The Company is a ‘data controller’ for the purposes of your personal data. This means that we
decide how and why we process your personal data.
1.5. This Policy explains how we will hold and process your information. It explains your rights as a
data subject. It also explains your obligations when obtaining, handling, processing or storing
personal data in the course of working for, or on behalf of, the Company.
1.6. This Policy does not form part of your contract. We reserve the right to update this Policy at
any time. It is intended that this Policy is fully compliant with the 2018 Act and the GDPR. If
any conflict arises between those laws and this Policy, the Company intends to comply with
the 2018 Act and the GDPR.

2. Data protection principles
1.1.

Page 1 of 11

2.1. Personal data and compnay must be processed in accordance with the following ‘data
protection principles.’ It must:
a Be processed fairly, lawfully and transparently.
b Be collected and processed only for specified, explicit and legitimate purposes.
c Be adequate, relevant and limited to what is necessary for the purposes for which it is
processed.
d Be accurate and kept up to date. Any inaccurate data must be deleted or rectified without
delay.
e Not be kept for longer than is necessary for the purposes for which it is processed.
f Be processed securely
2.2. We are responsible for ensuring and demonstrating compliance with these principles.

3. How we define personal data
3.1. ‘Personal data’ means information which relates to a living person who can be identified from
that data (a ‘data subject’) on its own or when taken together with other information which is
likely to come into our possession. It includes any expression of opinion about the person and
an indication of the intentions of us or others in respect of that person. It does not include
anonymised data.
3.2. This Policy applies to all personal data, whether it is stored electronically, on paper or in/on
other materials.
3.3. This personal data might be provided to us by you or by someone else (such as a former
employer, your doctor or a credit reference agency), or it could be created by us. It could be
provided or created during the recruitment process or during the course of your contract, or
after it has ended. It could be created by your [line manager] or other colleagues.
3.4. We will collect and use the following types of personal data about you:
a Recruitment information, such as your application form and CV, references, qualifications
and membership of any professional bodies and details of any pre-employment
assessments.

1.1.

Page 2 of 11

b Your contact details and date of birth.
c The contact details for your emergency contacts.
d Your gender.
e Your marital status and family details.
f Information about your contract, including start and end dates, role and location, working
hours, details of promotion, salary (including details of previous remuneration), pension,
benefits and holiday entitlement.
g Your bank details and information in relation to your tax status, including your National
Insurance number.
h Your identification documents, including your passport and driving licence and information
in relation to your immigration status and right to work for us.
i Information relating to disciplinary or grievance investigations and proceedings involving
you (whether or not you were the main subject of those proceedings).
j Information relating to your performance and behaviour at work.
k Training records.
l Electronic information in relation to your use of IT systems/swipe cards/telephone systems.
m Your images (whether captured on CCTV or video or by photograph).
n Any other category of personal data which we may notify you of from time to time.

4. How we define special categories of personal data
4.1. ‘Special categories of personal data’ are types of personal data consisting of information
about:
a Your racial or ethnic origin
b Your political opinions
c Your religious or philosophical beliefs

1.1.

Page 3 of 11

d Your trade union membership
e Your genetic or biometric data
f Your health
g Your sex life and sexual orientation
4.2. We may hold and use any of these special categories of your personal data in accordance
with the law.
4.3. We may hold and use personal data relating to criminal allegations, offences, proceedings
and convictions.

5. How we define processing
5.1. ‘Processing’ means any operation which is performed on personal data, such as:
a Collection, recording, organisation, structuring or storing
b Adaption or alteration
c Retrieval, consultation or use
d Disclosure by transmission, dissemination or otherwise making available
e Alignment or combination
f Restriction, destruction or erasure
5.2. ‘Processing’ includes processing personal data which forms part of a filing system and any
automated processing.

6. How will we process your personal data?
6.1. We will process your personal data (including special categories of personal data) in line with
our obligations under the 2018 Act.
6.2. We will use your personal data:
a To perform the contract between us
1.1.

Page 4 of 11

b To comply with any legal obligation
c If it is necessary for our legitimate interests (or for the legitimate interests of someone
else). However, we can only do this if your interests and rights do not override ours (or
theirs). You have the right to challenge our legitimate interests and request that we stop
using your personal data. See details of your rights in section 12.
6.3. We can process your personal data for the purposes listed directly above without your
knowledge or consent. We will not use your personal data for an unrelated purpose without
telling you about it and the legal basis that we intend to rely on for processing it.
6.4. If you choose not to give us certain personal data, we may not be able to carry out some parts
of the contract between us. For example, if we do not have your bank account details, we may
not be able to pay you. It might also prevent us from complying with certain legal obligations
and duties, such as paying the right amount of tax to HMRC or making reasonable
adjustments in relation to any disability you may have.

7. Examples of when we might process your personal data
7.1. We have to process your personal data in various situations during your recruitment,
employment (or engagement) and even following termination of your employment (or
engagement).
7.2. For example (and see section 7.6 for more information about the situations marked with
asterisks):
a To decide whether to employ (or engage) you
b To decide how much to pay you and the other terms of your contract with us
c To check you have the legal right to work for us
d To carry out the contract between us, including, where relevant, its termination
e To train you and review your performance*
f To decide whether to promote you
g To decide whether and how to manage your performance, absence or conduct*

1.1.

Page 5 of 11

h To carry out a disciplinary or grievance investigation or procedure in relation to you or
someone else
i To determine whether we need to make reasonable adjustments to your workplace or role
because of your disability
j To monitor diversity and equal opportunities
k To monitor and protect the security (including network security) of the Company, you, our
other staff, our customers and others
l To monitor and protect your health and safety and that of our other staff, our customers
and third parties
m To pay you and provide pension and other benefits in accordance with the contract
between us
n To pay tax and National Insurance
o To provide a reference upon request from another employer
p To monitor compliance by you, us and others with our policies and our contractual
obligations
q To comply with employment law, immigration law, health and safety law, tax law and other
laws which affect us
r To answer questions from insurers in respect of any insurance policies which relate to you
s To run our business and plan for the future
t For the prevention and detection of fraud or other criminal offences
u To defend the Company in respect of any investigation or litigation and to comply with any
court or tribunal orders for disclosure*
v For any other reason which we may notify you of from time to time.
7.3. We will only process special categories of your personal data (see above) in certain situations
in accordance with the law. For example, we can do so if we have your explicit consent. If we
ask for your consent to process a special category of personal data, then we will explain the
reasons for our request. You do not need to consent and can withdraw consent later if you
choose to by contacting HR.
1.1.

Page 6 of 11

7.4. We do not need your consent to process special categories of your personal data when we
process it for the following purposes:
a Where it is necessary for carrying out rights and obligations under employment law.
b Where it is necessary to protect your vital interests or those of another person where
you/they are physically or legally incapable of giving consent.
c Where you have made the data public.
d Where processing is necessary for the establishment, exercise or defence of legal claims.
e Where processing is necessary for the purposes of occupational health or for the
assessment of your working capacity.

7.5. We might process special categories of your personal data for the purposes in paragraph 7.2
which have an asterisk beside them. In particular, we will use information in relation to:
a Your race, ethnic origin, religion, sexual orientation or gender to monitor equal
opportunities.
b Your sickness absence, health and medical conditions to monitor your absence; assess
your fitness for work; pay you benefits; comply with our legal obligations under
employment law, including making reasonable adjustments; and look after your health and
safety.
c Your trade union membership to pay any subscriptions and to comply with our legal
obligations in respect of trade union members.

8. How should you process personal data for the Company?
8.1. Everyone who works for, or on behalf of, the Company has some responsibility for ensuring
data is collected, stored and handled appropriately, in line with this and other relevant
policies.
8.2. The Company’s Data Protection Officer (DPO) is responsible for reviewing this Policy and
updating the board of directors on the Company’s data protection responsibilities and any
risks in relation to the processing of data. You should direct any questions in relation to this
Policy or data protection to the DPO (Liz Harris)
1.1.

Page 7 of 11

8.3. You should only access personal data covered by this Policy if you need it for the work you do
for, or on behalf of the Company and only if you are authorised to do so. You should only use
the data for the specified lawful purpose for which it was obtained.
8.4. You should not share personal data informally.
8.5. You should keep personal data secure and not share it with unauthorised people.
8.6. You should regularly review and update personal data which you have to deal with for work.
This includes telling us if your own contact details change.
8.7. You should not make unnecessary copies of personal data, and you should keep and dispose
of any copies securely.
8.8. You should use strong passwords.
8.9. You should lock your computer screens when not at your desk.
8.10.Consider anonymising data or using separate keys/codes so that the data subject cannot be
identified.
8.11.Do not save personal data to your own personal computers or other devices.
8.12.Personal data should never be transferred outside the European Economic Area except in
compliance with the law and with the authorisation of the DPO.
8.13.You should lock drawers and filing cabinets. Do not leave documents that contain personal
data on your desk or anywhere else that can be accessed by unauthorised people.
8.14.You should not take personal data away from Company’s premises without authorisation
from your [line manager] or the DPO.
8.15.Personal data should be shredded and disposed of securely when you have finished with it.
8.16.You should seek support from the DPO if you are unsure about data protection or if you
notice any areas of data protection or security we can improve upon.
8.17.Any deliberate or negligent breach of this Policy by you may result in disciplinary action being
taken against you under our Disciplinary Policy.

1.1.

Page 8 of 11

8.18.It is a criminal offence to conceal or destroy personal data which is part of a subject access
request (see below). This conduct would also amount to gross misconduct under our
Disciplinary Policy, and you could be dismissed.

9. How to deal with data breaches
9.1. If this Policy is followed, we should not have any data breaches. But if a breach of personal
data occurs (whether in respect of you or someone else), then we must take notes and keep
evidence of that breach. If the breach is likely to pose a risk to the rights and freedoms of
individuals, then we must notify the Information Commissioner’s Office within 72 hours,
where feasible. If the breach is likely to result in a high risk to your rights and freedoms, then
we will let you know about it.
9.2. If you are aware of a data breach, then you must contact the DPO immediately and keep any
evidence you have in relation to the breach.

10. Subject access requests
10.1.Data subjects can make a ‘subject access request’ (SAR) to find out what information we hold
about them. This request must be made in writing. If you receive a SAR, you should forward it
immediately to the DPO who will coordinate a response.
10.2.To make a SAR in relation to your own personal data, you should write to the DPO. We must
respond within one month unless the request is complex or numerous, in which case the
period in which we must respond can be extended by up to two months.
10.3.There is no fee for making a SAR. However, if your request is manifestly unfounded or
excessive, we may charge a reasonable administrative fee or refuse to respond to your
request. We normally work on the basis that any request which will take more than a day to
deal with is likely to be manifestly excessive, and in those circumstances, we believe a
reasonable charge is one working day’s salary for you.
11. Your data subject rights
11.1.You have the right to information about what personal data we process, how we process it
and on what basis, as set out in this Policy.
11.2.You have the right to access your own personal data by way of a SAR (see above).
11.3.You can correct any inaccuracies in your personal data by contacting the DPO.

1.1.

Page 9 of 11

11.4.You have the right to request that we erase your personal data where we were not entitled
under law to process it or where it is no longer necessary to process the data for the purpose
for which it was collected. You can request erasure by contacting the DPO.
11.5.During the process of requesting that your personal data be corrected or erased, or while
you are contesting the lawfulness of our processing, you can ask for the data to be used in a
restricted way only. To do this, contact the DPO.
11.6.You have the right to object to data processing where we rely on a legitimate interest to do
so and you think that your rights and interests outweigh our own and you wish us to stop.
11.7.You have the right to object if we process your personal data for the purposes of direct
marketing.
11.8.You have the right to receive a copy of your personal data and, with some exceptions, to
transfer your personal data to another data controller. We will not charge for this and will, in
most cases, aim to do this within one month.
11.9.With some exceptions, you have the right not to be subjected to automated decision-making.
11.10.You have the right to be notified of a data security breach concerning your personal data
where that breach is likely to result in a high risk of adversely affecting your rights and
freedoms.
11.11.In most situations, we will not rely on your consent as a lawful ground to process your data. If
we do request your consent to process your personal data for a specific purpose, you have
the right not to consent or to withdraw your consent later. To withdraw your consent, you
should contact the DPO.
11.12.You have the right to complain to the Information Commissioner. You can do this by
contacting the Information Commissioner’s Office directly. Full contact details, including a
helpline number, can be found on the Information Commissioner’s Office website
(www.ico.org.uk). The Information Commissioner’s Office website has more information on
your rights and our obligations.

12. Data retention
12.1.We will only retain personal data and sensitive data for as long as necessary for the purposes
for which we collected it. After this time, it will be deleted or archived.
12.2.We will maintain retention policies and procedures to ensure personal data is deleted after
an appropriate time unless a law requires that data to be kept for a minimum time.
1.1.

Page 10 of 11

12.3.We will make sure data subjects are provided with information about the period for which
data is stored and how that period is determined in any applicable Privacy Notice.

13. Client Data Protection
13.1 Data Collection and Usage: We collect and use client data solely for the purpose of
providing our services and fulfilling contractual obligations. Client data will not be used for any
other purpose without explicit consent.
13.2 Data Security: We employ industry-standard security measures to protect client data from
unauthorised access, disclosure, alteration, and destruction. Our data security protocols are
regularly reviewed and updated to ensure the highest level of protection.
13.3 Data Retention: Client data will only be retained for as long as necessary to fulfill the
purposes for which it was collected or as required by applicable laws and regulations.
d. Third-Party Access: We do not share client data with third parties, except as required for
providing our services or complying with legal obligations. Any such sharing will be done in
compliance with relevant data protection laws and with due diligence.

13. Useful links and contacts

13.1. Useful information and guidance about the matters covered in this Policy can be found on
www.ico.org.uk.