Privacy Standard (formerly Data protection policy)
June 2019 revision [GDPR version]
A. POLICY STATEMENT
Privacy Standard sets out the operational basis on which Ultra CIS
Limited will process personal data.
has rights with regard to the way in which their personal data are
handled. During the course of our activities we will collect, store
and process personal data about our clients (umbrella contractors and
subcontractors, ‘own company’ contractors, and umbrella employees
and workers), suppliers and other third parties, and we recognise
that the correct and lawful treatment of this data will maintain
confidence in the organisation and will provide for successful
recognise the need to treat – and to be seen to treat – personal
data in an appropriate and lawful manner, in accordance with the Data
Protection Act 1998 (‘DPA’) and other regulations, and (with
effect from 25th
May 2018) in accordance with the General Data Protection Regulation
(EU) 2016/979 (‘GDPR’) and (when enacted) the Data Protection Act
2018. In this Privacy Standard all such legislation is referred to as
‘Data Protection Legislation’.
users of personal data are obliged to comply with this Privacy
Standard when processing personal data on our behalf. Any breach of
this Privacy Standard may result in disciplinary action.
Decision-Making (ADM): when
a decision is made which is based solely on Automated Processing
(including profiling) which produces legal effects or significantly
affects an individual. The GDPR prohibits Automated Decision-Making
(unless certain conditions are met) but not Automated Processing.
form of automated processing of Personal Data consisting of the use
of Personal Data to evaluate certain personal aspects relating to an
individual, in particular to analyse or predict aspects concerning
that individual’s performance at work, economic situation, health,
personal preferences, interests, reliability, behaviour, location or
movements. Profiling is an example of Automated Processing.
employees, workers, contractors, agency workers, consultants,
directors, and others.
which must be freely given, specific, informed and be an unambiguous
indication of the Data Subject’s wishes by which they, by a
statement or by a clear positive action, signifies agreement to the
Processing of Personal Data relating to them.
person or organisation that determines when, why and how to process
Personal Data. It is responsible for establishing practices and
policies in line with the GDPR. We are the Data Controller of all
Personal Data relating to our Company Personnel and Personal Data
used in our business for our own commercial purposes.
living, identified or identifiable individual about whom we hold
Personal Data. Data Subjects may be nationals or residents of any
country and may have legal rights regarding their Personal Data.
Privacy Impact Assessment (DPIA): tools
and assessments used to identify and reduce risks of a data
processing activity. DPIA can be carried out as part of Privacy by
Design and should be conducted for all major system or business
change programs involving the Processing of Personal Data.
Protection Officer (DPO): the
person required to be appointed in specific circumstances under the
GDPR. Where a mandatory DPO has not been appointed, this term means
or other voluntary appointment of a DPO or refers to the Company data
privacy team with responsibility for data protection compliance.
28 countries in the EU, and Iceland, Liechtenstein and Norway.
which requires a very clear and specific statement (that is, not just
Data Protection Regulation (GDPR): the
General Data Protection Regulation ((EU)
Personal Data is subject to the legal safeguards specified in the
information identifying a Data Subject or information relating to a
Data Subject that we can identify (directly or indirectly) from that
data alone or in combination with other identifiers we possess or can
reasonably access. Personal Data includes Sensitive Personal Data and
Pseudonymised Personal Data but excludes anonymous data or data that
has had the identity of an individual permanently removed. Personal
data can be factual (for example, a name, email address, location or
date of birth) or an opinion about that person’s actions or
Data Breach: any
act or omission that compromises the security, confidentiality,
integrity or availability of Personal Data or the physical,
technical, administrative or organisational safeguards that we or our
third-party service providers put in place to protect it. The loss,
or unauthorised access, disclosure or acquisition, of Personal Data
is a Personal Data Breach.
by Design: implementing
appropriate technical and organisational measures in an effective
manner to ensure compliance with the GDPR.
Company privacy/GDPR related guidelines which may be provided to
assist in interpreting and implementing this Privacy Standard and
Notices (also referred to as Fair Processing Notices) or Privacy
notices setting out information that may be provided to Data Subjects
when the Company collects information about them. These notices may
take the form of general privacy statements applicable to a specific
group of individuals (for example, employee privacy notices or the
statements covering Processing related to a specific purpose.
or Process: any
activity that involves the use of Personal 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 transmitting or transferring Personal Data
to third parties.
or Pseudonymised: replacing
information that directly or indirectly identifies an individual with
one or more artificial identifiers or pseudonyms so that the person,
to whom the data relates, cannot be identified without the use of
additional information which is meant to be kept separately and
other Company’s policies, operating procedures or processes related
to this Privacy Standard and designed to protect Personal Data.
Personal Data: information
revealing racial or ethnic origin, political opinions, religious or
similar beliefs, trade union membership, physical or mental health
conditions, sexual life, sexual orientation, biometric or genetic
data, and Personal Data relating to criminal offences and
Privacy Standard sets out how Ultra CIS Limited (”we”, “our”,
“us”, “the Company”) handle the Personal Data of our
customers, suppliers, employees, workers and other third parties.
Privacy Standard applies to all Personal Data we Process regardless
of the media on which that data is stored or whether it relates to
past or present employees, workers, customers, clients or supplier
contacts, shareholders, website users or any other Data Subject.
Privacy Standard applies to all Company Personnel (”you”,
“your”). You must read, understand and comply with this Privacy
Standard when Processing Personal Data on our behalf and attend
training on its requirements. This Privacy Standard sets out what we
expect from you in order for the Company to comply with applicable
law. Your compliance with this Privacy Standard is mandatory. Related
Policies and Privacy Guidelines are available to help you interpret
and act in accordance with this Privacy Standard. You must also
comply with all such Related Policies and Privacy Guidelines. Any
breach of this Privacy Standard may result in disciplinary action.
Privacy Standard (together with Related Policies and Privacy
Guidelines) is an internal document and cannot be shared with third
parties, clients or regulators without prior authorisation from the
recognise that the correct and lawful treatment of Personal Data will
maintain confidence in the organisation and will provide for
successful business operations. Protecting the confidentiality and
integrity of Personal Data is a critical responsibility that we take
seriously at all times. The Company is exposed to potential fines of
up to EUR20 million (approximately £18 million) or 4% of total
worldwide annual turnover, whichever is higher and depending on the
breach, for failure to comply with the provisions of the GDPR.
individual business areas are responsible for ensuring all Company
Personnel comply with this Privacy Standard and need to implement
appropriate practices, processes, controls and training to ensure
DPO is responsible for overseeing this Privacy Standard and, as
applicable, developing Related Policies and Privacy Guidelines.
contact the DPO with any questions about the operation of this
Privacy Standard or the GDPR or if you have any concerns that this
Privacy Standard is not being or has not been followed. In
particular, you must always contact the DPO in the following
you are unsure of the lawful basis which you are relying on to
process Personal Data (including the legitimate interests used by the
Company) (see Section
you need to rely on Consent and/or need to capture Explicit Consent
you need to draft Privacy Notices or Fair Processing Notices (see
you are unsure about the retention period for the Personal Data being
Processed (see Section
you are unsure about what security or other measures you need to
implement to protect Personal Data (see Section
there has been a Personal Data Breach (Section
you are unsure on what basis to transfer Personal Data outside the
EEA (see Section
you need any assistance dealing with any rights invoked by a Data
Subject (see Section
you are engaging in a significant new, or change in, Processing
activity which is likely to require a DPIA (see Section
below) or plan to use Personal Data for purposes others than what it
was collected for;
you plan to undertake any activities involving Automated Processing
including profiling or Automated Decision-Making (see Section14.5
you need help complying with applicable law when carrying out direct
marketing activities (see Section
you need help with any contracts or other areas in relation to
sharing Personal Data with third parties (including our vendors) (see
Annex E. PERSONAL
DATA PROTECTION PRINCIPLES
adhere to the principles relating to Processing of Personal Data set
out in the GDPR which require Personal Data to be:
lawfully, fairly and in a transparent manner (Lawfulness, Fairness
only for specified, explicit and legitimate purposes (Purpose
relevant and limited to what is necessary in relation to the purposes
for which it is Processed (Data Minimisation).
and where necessary kept up to date (Accuracy).
kept in a form which permits identification of Data Subjects for
longer than is necessary for the purposes for which the data is
Processed (Storage Limitation).
in a manner that ensures its security using appropriate technical and
organisational measures to protect against unauthorised or unlawful
Processing and against accidental loss, destruction or damage
(Security, Integrity and Confidentiality).
transferred to another country without appropriate safeguards being
in place (Transfer Limitation).
available to Data Subjects and Data Subjects allowed to exercise
certain rights in relation to their Personal Data (Data Subject’s
Rights and Requests).
are responsible for and must be able to demonstrate compliance with
the data protection principles listed above (Accountability).
data must be Processed lawfully, fairly and in a transparent manner
in relation to the Data Subject.
may only collect, Process and share Personal Data fairly and lawfully
and for specified purposes. The GDPR restricts our actions regarding
Personal Data to specified lawful purposes. These restrictions are
not intended to prevent Processing, but ensure that we Process
Personal Data fairly and without adversely affecting the Data
GDPR allows Processing for specific purposes, some of which are set
Data Subject has given his or her Consent;
Processing is necessary for the performance of a contract with the
meet our legal compliance obligations.;
protect the Data Subject’s vital interests;
pursue our legitimate interests for purposes where they are not
overridden because the Processing prejudices the interests or
fundamental rights and freedoms of Data Subjects. The purposes for
which we process Personal Data for legitimate interests need to be
set out in applicable Privacy Notices or Fair Processing Notices.
must identify and document the legal ground being relied on for each
Data Controller must only process Personal Data on the basis of one
or more of the lawful bases set out in the GDPR, which include
Data Subject consents to Processing of their Personal Data if they
indicate agreement clearly either by a statement or positive action
to the Processing. Consent requires affirmative action so silence,
pre-ticked boxes or inactivity are unlikely to be sufficient. If
Consent is given in a document which deals with other matters, then
the Consent must be kept separate from those other matters.
Subjects must be easily able to withdraw Consent to Processing at any
time and withdrawal must be promptly honoured. Consent may need to be
refreshed if you intend to Process Personal Data for a different and
incompatible purpose which was not disclosed when the Data Subject
we can rely on another legal basis of Processing, Explicit Consent is
usually required for Processing Sensitive Personal Data, for
Automated Decision-Making and for cross border data transfers.
Usually we will be relying on another legal basis (and not require
Explicit Consent) to Process most types of Sensitive Data. Where
Explicit Consent is required, you must issue a Fair Processing Notice
to the Data Subject to capture Explicit Consent.
will need to evidence Consent captured and keep records of all
Consents so that the Company can demonstrate compliance with Consent
(NOTIFYING DATA SUBJECTS)
GDPR requires Data Controllers to provide detailed, specific
information to Data Subjects depending on whether the information was
collected directly from Data Subjects or from elsewhere. Such
information must be provided through appropriate Privacy Notices or
Fair Processing Notices which must be concise, transparent,
intelligible, easily accessible, and in clear and plain language so
that a Data Subject can easily understand them.
we collect Personal Data directly from Data Subjects, including for
human resources or employment purposes, we must provide the Data
Subject with all the information required by the GDPR including the
identity of the Data Controller and DPO, how and why we will use,
Process, disclose, protect and retain that Personal Data through a
Fair Processing Notice which must be presented when the Data Subject
first provides the Personal Data.
Personal Data is collected indirectly (for example, from a third
party or publically available source), you must provide the Data
Subject with all the information required by the GDPR as soon as
possible after collecting/receiving the data. You must also check
that the Personal Data was collected by the third party in accordance
with the GDPR and on a basis which contemplates our proposed
Processing of that Personal Data.
Data must be collected only for specified, explicit and legitimate
purposes. It must not be further Processed in any manner incompatible
with those purposes.
cannot use Personal Data for new, different or incompatible purposes
from that disclosed when it was first obtained unless you have
informed the Data Subject of the new purposes and they have Consented
Data must be adequate, relevant and limited to what is necessary in
relation to the purposes for which it is Processed.
may only Process Personal Data when performing your job duties
requires it. You cannot Process Personal Data for any reason
unrelated to your job duties.
may only collect Personal Data that you require for your job duties:
do not collect excessive data. Ensure any Personal Data collected is
adequate and relevant for the intended purposes.
must ensure that when Personal Data is no longer needed for specified
purposes, it is deleted or anonymised in accordance with the
Company’s data retention guidelines.
Data must be accurate and, where necessary, kept up to date. It must
be corrected or deleted without delay when inaccurate.
will ensure that the Personal Data we use and hold is accurate,
complete, kept up to date and relevant to the purpose for which we
collected it. You must check the accuracy of any Personal Data at the
point of collection and at regular intervals afterwards. You must
take all reasonable steps to destroy or amend inaccurate or
out-of-date Personal Data.
Data must not be kept in an identifiable form for longer than is
necessary for the purposes for which the data is processed.
must not keep Personal Data in a form which permits the
identification of the Data Subject for longer than needed for the
legitimate business purpose or purposes for which we originally
collected it including for the purpose of satisfying any legal,
accounting or reporting requirements.
Company will maintain retention policies and procedures to ensure
Personal Data is deleted after a reasonable time for the purposes for
which it was being held, unless a law requires such data to be kept
for a minimum time. Where
the Company may be considered to be an employment business, it is
required by law to retain candidates’ personal data for at least
one year after we last provided services to them.
will take all reasonable steps to destroy or erase from our systems
all Personal Data that we no longer require in accordance with all
the Company’s applicable records retention schedules and policies.
This includes requiring third parties to delete such data where
will ensure Data Subjects are informed of the period for which data
is stored and how that period is determined in any applicable Privacy
Notice or Fair Processing Notice.
INTEGRITY AND CONFIDENTIALITY
Data must be secured by appropriate technical and organisational
measures against unauthorised or unlawful Processing, and against
accidental loss, destruction or damage.
will develop, implement and maintain safeguards appropriate to our
size, scope and business, our available resources, the amount of
Personal Data that we own or maintain on behalf of others and
identified risks (including use of encryption and Pseudonymisation
where applicable). We will regularly evaluate and test the
effectiveness of those safeguards to ensure security of our
Processing of Personal Data. You are responsible for protecting the
Personal Data we hold. You must implement reasonable and appropriate
security measures against unlawful or unauthorised Processing of
Personal Data and against the accidental loss of, or damage to,
Personal Data. You must exercise particular care in protecting
Sensitive Personal Data from loss and unauthorised access, use or
must follow all procedures and technologies we put in place to
maintain the security of all Personal Data from the point of
collection to the point of destruction. You may only transfer
Personal Data to third-party service providers who agree to comply
with the required policies and procedures and who agree to put
adequate measures in place, as requested.
must maintain data security by protecting the confidentiality,
integrity and availability of the Personal Data, defined as follows:
means that only people who have a need to know and are authorised to
use the Personal Data can access it.
means that Personal Data is accurate and suitable for the purpose for
which it is processed.
means that authorised users are able to access the Personal Data when
they need it for authorised purposes.
must comply with and not attempt to circumvent the administrative,
physical and technical safeguards we implement and maintain in
accordance with the GDPR and relevant standards to protect Personal
A PERSONAL DATA BREACH
GDPR requires Data Controllers to notify any Personal Data Breach to
the applicable regulator and, in certain instances, the Data Subject.
have put in place procedures to deal with any suspected Personal Data
Breach and will notify Data Subjects or any applicable regulator
where we are legally required to do so.
you know or suspect that a Personal Data Breach has occurred, do not
attempt to investigate the matter yourself. Immediately contact the
person or team designated as the key point of contact for Personal
Data Breaches. You should preserve all evidence relating to the
potential Personal Data Breach.
GDPR restricts data transfers to countries outside the EEA in order
to ensure that the level of data protection afforded to individuals
by the GDPR is not undermined. You transfer Personal Data originating
in one country across borders when you transmit, send, view or access
that data in or to a different country.
may only transfer Personal Data outside the EEA if one of the
following conditions applies:
European Commission has issued a decision confirming that the country
to which we transfer the Personal Data ensures an adequate level of
protection for the Data Subjects’ rights and freedoms;
safeguards are in place such as binding corporate rules (BCR),
standard contractual clauses approved by the European Commission, an
approved code of conduct or a certification mechanism, a copy of
which can be obtained from the DPO;
Data Subject has provided Explicit Consent to the proposed transfer
after being informed of any potential risks; or
transfer is necessary for one of the other reasons set out in the
GDPR including the performance of a contract between us and the Data
Subject, reasons of public interest, to establish, exercise or defend
legal claims or to protect the vital interests of the Data Subject
where the Data Subject is physically or legally incapable of giving
Consent and, in some limited cases, for our legitimate interest.
SUBJECT’S RIGHTS AND REQUESTS
Subjects have rights when it comes to how we handle their Personal
Data. These include rights to:
Consent to Processing at any time;
certain information about the Data Controller’s Processing
access to their Personal Data that we hold;
our use of their Personal Data for direct marketing purposes;
us to erase Personal Data if it is no longer necessary in relation to
the purposes for which it was collected or Processed or to rectify
inaccurate data or to complete incomplete data;
Processing in specific circumstances;
Processing which has been justified on the basis of our legitimate
interests or in the public interest;
a copy of an agreement under which Personal Data is transferred
outside of the EEA;
to decisions based solely on Automated Processing, including
Processing that is likely to cause damage or distress to the Data
Subject or anyone else;
notified of a Personal Data Breach which is likely to result in high
risk to their rights and freedoms;
a complaint to the supervisory authority; and
limited circumstances, receive or ask for their Personal Data to be
transferred to a third party in a structured, commonly used and
machine readable format.
must verify the identity of an individual requesting data under any
of the rights listed above (do not allow third parties to persuade
you into disclosing Personal Data without proper authorisation).
must immediately forward any Data Subject request you receive to your
supervisor or the DPO.
Data Controller must implement appropriate technical and
organisational measures in an effective manner, to ensure compliance
with data protection principles. The Data Controller is responsible
for, and must be able to demonstrate, compliance with the data
Company must have adequate resources and controls in place to ensure
and to document GDPR compliance including:
a suitably qualified DPO (where necessary) and an executive
accountable for data privacy;
Privacy by Design when Processing Personal Data and completing DPIAs
where Processing presents a high risk to rights and freedoms of Data
data protection into internal documents including this Privacy
Standard, Related Policies, Privacy Guidelines, Privacy Notices or
Fair Processing Notices;
training Company Personnel on the GDPR, this Privacy Standard,
Related Policies and Privacy Guidelines and data protection matters
including, for example, Data Subject’s rights, Consent, legal
basis, DPIA and Personal Data Breaches. The Company must maintain a
record of training attendance by Company Personnel; and
testing the privacy measures implemented and conducting periodic
reviews and audits to assess compliance, including using results of
testing to demonstrate compliance improvement effort.
GDPR requires us to keep full and accurate records of all our data
must keep and maintain accurate corporate records reflecting our
Processing including records of Data Subjects’ Consents and
procedures for obtaining Consents.
records should include, at a minimum, the name and contact details of
the Data Controller and the DPO, clear descriptions of the Personal
Data types, Data Subject types, Processing activities, Processing
purposes, third-party recipients of the Personal Data, Personal Data
storage locations, Personal Data transfers, the Personal Data’s
retention period and a description of the security measures in place.
In order to create such records, data maps should be created which
should include the detail set out above together with appropriate
are required to ensure all Company Personnel have undergone adequate
training to enable them to comply with data privacy laws. We must
also regularly test our systems and processes to assess compliance.
must undergo all mandatory data privacy related training and ensure
your team undergo similar mandatory training.
must regularly review all the systems and processes under your
control to ensure they comply with this Privacy Standard and check
that adequate governance controls and resources are in place to
ensure proper use and protection of Personal Data.
BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)
are required to implement Privacy by Design measures when Processing
Personal Data by implementing appropriate technical and
organisational measures (like Pseudonymisation) in an effective
manner, to ensure compliance with data privacy principles.
must assess what Privacy by Design measures can be implemented on all
programs/systems/processes that Process Personal Data by taking into
account the following:
state of the art;
cost of implementation;
nature, scope, context and purposes of Processing; and
risks of varying likelihood and severity for rights and freedoms of
Data Subjects posed by the Processing.
controllers must also conduct DPIAs in respect to high risk
should conduct a DPIA (and discuss your findings with the DPO) when
implementing major system or business change programs involving the
Processing of Personal Data including:
of new technologies (programs, systems or processes), or changing
technologies (programs, systems or processes);
Processing including profiling and ADM;
scale Processing of Sensitive Data; and
scale, systematic monitoring of a publicly accessible area.
DPIA must include:
description of the Processing, its purposes and the Data Controller’s
legitimate interests if appropriate;
assessment of the necessity and proportionality of the Processing in
relation to its purpose;
assessment of the risk to individuals; and
risk mitigation measures in place and demonstration of compliance.
PROCESSING (INCLUDING PROFILING) AND AUTOMATED DECISION-MAKING
ADM is prohibited when a decision has a legal or similar significant
effect on an individual unless:
Data Subject has Explicitly Consented;
Processing is authorised by law; or
Processing is necessary for the performance of or entering into a
certain types of Sensitive Data are being processed, then grounds
(a)(ii) or (a)(iii) will not be allowed but such Sensitive Data can
be Processed where it is necessary (unless less intrusive means can
be used) for substantial public interest like fraud prevention.
a decision is to be based solely on Automated Processing (including
profiling), then Data Subjects must be informed when you first
communicate with them of their right to object. This right must be
explicitly brought to their attention and presented clearly and
separately from other information. Further, suitable measures must be
put in place to safeguard the Data Subject’s rights and freedoms
and legitimate interests
must also inform the Data Subject of the logic involved in the
decision making or profiling, the significance and envisaged
consequences and give the Data Subject the right to request human
intervention, express their point of view or challenge the decision.
DPIA must be carried out before any Automated Processing (including
profiling) or ADM activities are undertaken.
you are involved in any data Processing activity that involves
profiling or ADM, you must comply with the Company’s guidelines on
profiling or ADM.
are subject to certain rules and privacy laws when marketing to our
example, a Data Subject’s prior consent is required for electronic
direct marketing (for example, by email, text or automated calls).
The limited exception for existing customers known as “soft opt in”
allows organisations to send marketing texts or emails if they have
obtained contact details in the course of a sale to that person, they
are marketing similar products or services, and they gave the person
an opportunity to opt out of marketing when first collecting the
details and in every subsequent message.
right to object to direct marketing must be explicitly offered to the
Data Subject in an intelligible manner so that it is clearly
distinguishable from other information.
Data Subject’s objection to direct marketing must be promptly
honoured. If a customer opts out at any time, their details should be
suppressed as soon as possible. Suppression involves retaining just
enough information to ensure that marketing preferences are respected
in the future.
we are not allowed to share Personal Data with third parties unless
certain safeguards and contractual arrangements have been put in
may only share the Personal Data we hold with another employee, agent
or representative of our group (which includes our subsidiaries and
our ultimate holding company along with its subsidiaries) if the
recipient has a job-related need to know the information and the
transfer complies with any applicable cross-border transfer
may only share the Personal Data we hold with third parties, such as
our service providers if:
have a need to know the information for the purposes of providing the
the Personal Data complies with the Privacy Notice provided to the
Data Subject and, if required, the Data Subject’s Consent has been
third party has agreed to comply with the required data security
standards, policies and procedures and put adequate security measures
transfer complies with any applicable cross border transfer
fully executed written contract that contains GDPR approved third
party clauses has been obtained.
TO THIS PRIVACY STANDARD
reserve the right to change this Privacy Standard at any time without
notice to you so please check back regularly to obtain the latest
copy of this Privacy Standard..
Privacy Standard does not override any applicable national data
privacy laws and regulations in countries where the Company operates.