JSR Farms Limited, JSR Genetics Limited, JSR Partnership

Data Retention Policy

24th May 2018

 

 

  1. Introduction

This Policy sets out the obligations of JSR Farms Limited (including Highfield Farm and Yorkshire Wolds Cookery School), JSR Genetics Limited, JSR Partnership, companies registered in the United Kingdom under numbers (for limited companies) 01221759 and 03902341, whose registered offices are all at Southburn, Driffield, East Yorkshire, YO25 9ED (“the Companies”) regarding retention of personal data collected, held, and processed by the Companies in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.

Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).

In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:

  1. Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
  2. When the data subject withdraws their consent;
  3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
  4. When the personal data is processed unlawfully (i.e. in breach of the GDPR);
  5. When the personal data has to be erased to comply with a legal obligation; or
  6. Where the personal data is processed for the provision of information society services to a child.

This Policy sets out the type(s) of personal data held by the Companies for employment, customer relationship and allied industry networking purposes and the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.

For further information on other aspects of data protection and compliance with the GDPR, please refer to the Companies’ Data Protection Policy.

 

  1. Aims and Objectives
    • The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Companies comply fully with its obligations and the rights of data subjects under the GDPR.
    • In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Companies, this Policy also aims to improve the speed and efficiency of managing data.

 

  1. Scope
    • This Policy applies to all personal data held by the Companies for employment, customer relationship and allied industry networking purposes and by third-party data processors processing personal data on the Company’s behalf.
    • Personal data, as held by the Companies is stored in the following ways and in the following locations:
      1. The Company’s servers, located at Southburn Offices, Southburn, Driffield East Yorkshire and the backup server at Green Lane Farm, Green Lane, Driffield, East Yorkshire.
      2. Computers permanently located in the Company’s premises at Southburn Offices, Southburn, Driffield, East Yorkshire and Highfield Farm, Southburn, Driffield, East Yorkshire, YO25 9AF
      3. Laptop computers and other mobile devices provided by the Company to its employees
      4. Computers and mobile devices owned by employees, agents, and sub-contractors.
      5. Physical records stored in a locked box, drawer, cabinet, or similar at Southburn Offices or Highfield Farm.
      6. Physical records stored in a locked archive store at Southburn Offices.

 

  1. Data Subject Rights and Data Integrity

All personal data held by the Companies is held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Companies’ Data Protection Policy.

  • Data subjects are kept fully informed of their rights, of what personal data the Companies hold about them, how that personal data is used as set out in Parts 12 and 13 of the Companies’ Data Protection Policy, and how long the Companies will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
  • Data subjects are given control over their personal data held by the Companies including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Companies’ use of their personal data and further rights relating to automated decision-making and profiling, as set out in Parts 14 to 20 of the Companies’ Data Protection Policy.

 

  1. Technical and Organisational Data Security Measures
    • The following technical measures are in place within the Companies to protect the security of personal data. Please refer to Parts 22 to 26 of the Company’s Data Protection Policy for further details:
      1. All emails containing personal data must be marked “confidential”;
      2. Personal data may only be transmitted over secure networks;
      3. Personal data may not be transmitted over unsecured wireless networks if there is a reasonable wired alternative;
      4. Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted;
      5. Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it;
      6. Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient or sent to be signed for by the recipient using a reputable courier service
      7. All personal data transferred physically should be transferred in a suitable container marked “confidential”;
      8. No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from the companies’ Data protection officer.
      9. All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely;
      10. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation;
      11. Personal data must be handled with care at all times and should not be left unattended or on view;
      12. Computers used to view personal data must always be locked before being left unattended;
      13. No personal data should be stored on any mobile device, whether such device belongs to the Companies or otherwise without such a device strictly complying in accordance with the data protection and security policy at the time the approval is given, and for no longer than is absolutely necessary;
      14. No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Companies where the party in question has agreed to comply fully with the Companies’ Data Protection Policy and the GDPR;
      15. All personal data stored electronically should be backed up at a minimum of every week with backups stored both on and off site. Any backup not stored within the secure network should be encrypted;
      16. All electronic copies of personal data should be stored securely using passwords and if not within the secure network with encryption;
      17. All passwords used to protect personal data should be changed regularly and should must be secure;
      18. Under no circumstances should any passwords be written down. Passwords should not be shared unless necessary to ensure the fulfilment of a business process and only with staff requiring access to the data to perform their job. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
      19. All software should be kept up-to-date. Security-related updates should be installed as soon as reasonably possible after becoming available;
      20. No software may be installed on any Company-owned computer or device without approval; and
      21. Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the data protection officer to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

 

  • The following organisational measures are in place within the Company to protect the security of personal data. Please refer to Part 27 of the Company’s Data Protection Policy for further details:
    1. All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under the Company’s Data Protection Policy;
    2. Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;
    3. All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
    4. All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;
    5. All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
    6. Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
    7. The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
    8. All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Data Protection Policy;
    9. All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Data Protection Policy;
    10. Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

 

  1. Data Disposal

Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:

  • Personal data stored electronically (including any and all backups thereof) shall be deleted;
  • Special category personal data stored electronically (including any and all backups thereof) shall be deleted;
  • Personal data stored in hardcopy form shall be shredded, bagged and placed into the Southburn office commercial waste bins or burnt;
  • Special category personal data stored in hardcopy form shall be shredded, bagged and placd into the Southburn office commercial waste bins or burnt.

 

  1. Data Retention
    • As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
    • Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
    • When establishing and/or reviewing retention periods, the following shall be taken into account:
      1. The objectives and requirements of the Company;
      2. The type of personal data in question;
      3. The purpose(s) for which the data in question is collected, held, and processed;
      4. The Company’s legal basis for collecting, holding, and processing that data;
      5. The category or categories of data subject to whom the data relates;
    • If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
    • Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
    • In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.

 

 

Type of Data Purpose of Data Review Period Retention Period or Criteria Comments
Customer Personal Details Name and Title to address customers held so the business can determine a recent repeat customer 2 years 2 years  
Customer Contact Details Postal address, Billing Address, Email Address and phone numbers held to prevent information being repeatedly requested for repeat purchases 2 years 2 years  
CCTV Images Collected for security and health and safety purposes 1 year 35 days System automatically overwrites older days which cannot then be recovered
Customer Photographs Used for facebook posts and advertisement of Highfield Farm and Yorkshire Wolds Cookery School 2 years Kept whilst photos are relevant and up to date for the business Customers must agree in advance of a cookery course or booking for their photograph to be used in such manner
Biographical Data from applications and CVs Used in the assessment of suitability of employment and maintaining records of qualifications and experience 2 years Unless express permission is given for such information to remain “on file” kept for as long as individual employed or if unsuccessful until the post applied for is filled. If an employee leaves the business in some circumstances it may be necessary to keep information if required to demonstrate the individual was properly accredited and competent to fulfil a task
Payment Card Details Method of obtaining payment from a guest that has not settled the full account following a stay at Highfield Farm Monthly Until financial month end following their stay or settlement of their account whichever is the later of the two. Only taken from B&B guests at Highfield farm who pay a single nights deposit in advance and are due to stay for a longer period of time requiring payment at the end of the stay.
Transaction Data Details of payments to and from data subjects and details of products and services data subjects have purchased from us to fulfil accounting requirements 2 years As long as is required by current account practice norms or to fulfil HMRC requirements if relevant  
Marketing Data Preferences of individual customers about whether they wish to receive marketing communications 2 years Kept unless the customer “opts out” of receiving such information Only used with Highfield Farm and Yorkshire Wolds cookery school.
Staff contact details and dates of birth To allow the business to contact staff and fulfil requirements as an employer 2 years As long as the individual is employed by the business In certain circumstances it may be necessary to keep information for a longer period until all issues with the member of staff are resolved post employment
Staff Emergency Contact Details To provide the business with a contact should something happen to that individual during their employment 2 years As long as an individual is employed by the business  
Staff Gender Required by the business in order to comply with our employer responsibilities 2 years As long as an individual is employed by the business  
Staff Marital Data and family information Needed so the business can supply information to others as part of your employment e.g. pension provider 2 years As long as an individual is employed by the business Where legal or employment contractual obligations exceed the period of employment the data may be held for longer
Staff information about their contract of employment Required so the business can ensure it is meeting the contractual agreement of the data subjects employment e.g. holiday entitlement 2 years As long as an individual is employed by the business Where legal or employment contractual obligations e.g. pension contributions, exceed the period of employment the data may be held for longer
Staff bank details and national insurance number Required so staff can be paid their salaries 2 years As long as an individual is employed by the business Would only be held longer if information was required for legal obligations
Staff identification documents e.g. driving license, passport, immigration status e.t.c. Held to demonstrate the business and it’s employees are working legally 2 years As long as an individual is employed by the business Would only be held longer if information was required for legal obligations
Staff disciplinary or grievance information Required to provide a record of action taken against staff 2 years Held for as long as the issue remains “on file” See employment handbook for retention periods
Staff performance and behaviour at work Data is collected to inform the business to help decisions and discussion at e.g. appraisals 2 years As long as an individual is employed by the business  
Staff Training Records Required to demonstrate the suitability of a data subject to perform a task 2 years As long as an individual is employed by the business Would be held longer if for example a HSE investigation was ongoing and training records were needed as evidence
Electronic information of staff use of IT and telephone systems Information is often needed to determined data use and access 1 years Typically not held longer than 1 year however service providers e.g. phone networks may have the ability to go back further  
Photographs and digital images of staff Photographs taken in and around the business may occasionally include staff members 2 years Images are kept for as long as they are considered to be relevant and worthwhile to the business An individual member of staff that specifically does not want to be included on a picture is welcome to step aside whilst the photo is taken.  This will have no bearing on their employment status.
Special Data: Staff Ethnic Origin Collected by the business to allow us to submit summary data on the ethnic diversity of the business 2 years As long as an individual is employed by the business  
Special Data: Staff Health Needed so the business can make appropriate allowances to an individual’s role based on their physical and mental health 2 years As long as an individual is employed by the business  
Special Data: Criminal Convictions and offences of staff Specific convictions e.g. driving ban, could mean that specific tasks cannot be performed by an individual 2 years As long as an individual is employed by the business  

 

  1. Roles and Responsibilities
    • The Companies’ Data Protection Officer is Grant Walling, Walling@jsr.co.uk .
    • The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation.
    • The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Companies.
    • Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.

 

  1. Implementation of Policy

This Policy shall be deemed effective as of 25th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

 

This Policy has been approved and authorised by:

Name: Grant Walling
Position: Director of Science & Technology
Date: 11th May 2018
Due for Review by: 25th November 2018
Signature: