Mels Pilates Data Protection Policy

Introduction

The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of Mels Pilates. This includes obligations in dealing with personal data, in order to ensure that the organisation complies with the requirements of the relevant legislation, namely the Irish Data Protection Act (1988) the Irish Data Protection (Amendment) Act (2003), and the European Union General Protection Regulations (GDPR) Act 2018.

Rationale

Mels Pilates must comply with the Data Protection Principles set out in the relevant legislation and regulation. The policy applies to all Personal Data collected, processed and stored by Mels Pilates in relation to its service providers and clients in the course of its activities.

Scope

The policy covers both personal and sensitive personal data held in relation to data subjects by Mels Pilates. The policy applies equally to personal data held in manual and automated form.

All personal and sensitive Personal Data will be treated with equal care by Mels Pilates.  Both categories will be equally referred to as Personal Data in this policy, unless specifically stated otherwise.

Mels Pilates as a Data Controller

In the course of its daily organisational activities, Mels Pilates acquires, processes and stores personal data in relation to:

  • Clients of Mels Pilates
  • Third Party service providers engaged by Mels Pilates

Due to the nature of the services provided by Mels Pilates, there is a regular and active exchange of personal data between Mels Pilates and its data subjects. This policy provides the guidelines for this exchange of information..

The Data Protection Policy

The following key principles are enriched in the UK legislation and EU Regulation and are fundamental to the Mels Pilates Data Protection Policy.

in its capacity as the data controller, Mels Pilates ensures that all data shall:

  1. ...be obtained and processed fairly and lawfully

For data to be obtained fairly, the data subject will, at the time the data are being collected, be made aware of: 

  • The identity of the Data Controller (Mels Pilates)
  • The purpose (s) for which the Data is being collected
  • The person(s) to whom the data maybe disclosed by the Data Controller
  • Any information that is necessary so that processing may be fair.

Mels Pilates will meet this obligation in the following way.

  • where possible, the informed consent of the Data subject will be sought before their data is processed.
  • where it is not possible to seek consent, Mels Pilates will ensure that collection of the data is justified under one of the other lawful processing conditions-legal obligation,contractual necessity, etc;
  • Processing of the personal data will be carried out only as part ofMels Pilates, lawful activities, and Mels Pilates will safeguard the rights and freedoms of the data subject;
  • The data subjects data will not be disclosed to a third party other than to a party contracted to Mels Pilates and operating on its behalf.

2) ... be obtained only for one or more specified, legitimate purposes

Mels Pilates will obtain data for purposes which are specific, lawful and clearly stated. A data subject will have the right to question the purposes for which Mels Pilates holds their data, and Mels Pilates will be able to state clearly that purpose or purposes.

3) ...not be further processed in a manner incompatible with the specific purposes.

And use of the data by Mels Pilates will be compatible with the purposes for which the data was acquired.

4).... to be kept safe and secure.

Mels Pilates will employ high standards of security in order to protect the personal data under its care. Appropriate security measures will be taken to protect against unauthorised accesss to, or alteration, destruction or disclosure of any personal data held by Mels Pilates in its capacity as data controller. Access to and management of customer records is limited to those who have appropriate authorisation and password access.

5)....be kept accurate, complete and up to date where necessary.

Mels Pilates will

  • ensure that administative and IT validation processes are in place to conduct regular assessments of data accuracy;
  • conduct regular assessments in order to establish the need to keep Personal Data

6)....be adequate, relevant and not excessive in relation to the purpose(s) for which the Data were collected and processed.

Mels Pilates will ensure that the data it processes in relation to Data subjects are relevant to the purposes for which those data are collected. Data which are not relevant to such processing will not be acquired or maintained.

7)... not be kept longer than necessary to satisfy The specified pupose(s)

Mels Pilates keeps Personal Data for a time deemed reasonable and necessary. Once the period has elapsed, Mels Pilates undertakes to destroy, erase or otherwise put this data beyond use.

8)... be managed and stored in such a manner that, in the event a Data subject submits a valid Subject Access Request seeking a copy of their personal data, this can ber readily provided to them .

Mels Pilates’ has implemented a Subject Accesss Requests procedure by which to manage such requests in an efficient and timely matter, within the timelines stipulated in the legislation.

Data Subject Request

Subject Access Requests

Any formal, written request by Data subject for a copy of their personal data will be processed as soon as possible, within the maximum response time being one month as per GDPR.

Portability Request

Any formal, written request by a Data subject for the update of their personal data to rectify incorrect or out-of-date information will be carried out within the month.

Erasure Requests

Any formal, written request by a Data subject for the erasure or “right to be forgotten” of their personal Data will be carried out within a month.

Third Party Contractors

Any third party contracted by Mels Pilates will be given documented instructions, covering read including confidentiality obligations, security practises, processing, storage and transfer of data and the return or destruction of the personal data at the end of the relationships.

As a data controller Mels Pilates ensures that any entity which processes Personal Dataon it’s behalf (a data processor) does so in a manner compliant with the Data Protection legislation. Failure of a data processor to manage Mels Pilates data in a compiliant manner will be viewed as a breach of contract, and will be persued through the courts.

 

Data Breach Reporting

A breach is a loss of control, compromise, unauthorised disclosures, unauthorised acquisition,unauthorised access, or any similar term reffering to situations where persons other than authorised users, for an authorised purpose, have access to personal data in usable form, wether manual or automated.

All incidents (a breach of security leading to accidental or unlawful destruction, loss,alteration, unauthorised disclosures of, or access to, personal data transmitted, stored or otherwise processed) will be reported to the Office of Data Protection Commissioner within 72 hours.  Where devises or equipment containing personal dor sensitive personal data are lost or stolen, the Data Protection Commissioner is notified only where the dataon such devices is not encrypted. The affected data subjects will be informed.