General Data Protection Regulation(GDPR) Introduction
GDPR will apply to all EU states from the 25th May 2018. GDPR is an EU regulation which has two main drivers: The EU wants to give people more control on how their personal data is being used.The EU wants to give businesses a simpler, clearer legal environment in which to operate, making data protection law identical throughout the single market.
Carmyke Leasing Ltd has always complied with data protection laws and regulations surrounding the use of personal data. However, GDPR means we are having to change a number of our processes and policies. This document outlines what we have done at Carmyke Leasing Ltd to ensure we are fully compliant with the new regulation as from 25th May 2018.
What does GDPR change?
In summary, two things:
Transparency - Customers must be given far more information about what is done with their personal data, why, and what rights they have.
Control - Customers are given much more control in terms of obtaining a copy of their personal data, have it corrected, having it deleted, being told what legal ground is relied on to process the data, how long it will be kept for, objecting to processing (especially automated processing) and being told about security breaches and loss of data.
Data Controllers and Data Processors at Carmyke Leasing Ltd
A Data Controller states how and why personal data is processed. Carmyke Leasing Ltd has a Data Controller and we will be more than happy to provide a name should you have a valid request. Please email firstname.lastname@example.org asking for the name of your Data Controller.
A Data Processor is the individual at Carmyke Leasing Ltd who is processing the data. All of our team who are in a sales, operations, finance and marketing roles can process data at Carmyke Leasing Ltd. The duty of our Data Controller is to ensure that our processors abide by the law and our processors must abide by these rules and maintain records of their processing activates. Our Data Controller must ensure that data is processed lawfully (see below “What is Lawful?”), is transparent and used for a set purpose. Once this purpose has been fulfilled and the data is no longer required, it then needs to be deleted from our systems.
Who we are and our details?
All our company details on our website, www.carmyke.co.uk.
What is Lawful?
Firstly, a person has consented for us to have their personal data and to process it. Secondly, collecting the data is in our legitimate interest, such as preventing fraud.
How do we get consent from you?
We ask you to submit your name and email address when requesting a quotation. Once you receive the quotation you are then asked for our consent to retain your name and email address for a reasonable time. This then records the data and time your consent was given. To comply with GDPR, Carmyke Leasing Ltd need to answer the following questions?
When did you give us consent?
The date you have clicked and submitted to the Carmyke Leasing opt-in box. What did you give consent for? Car Leasing Ltd works with finance companies and dealerships in the UK. You may be a prospect that is looking for finance, an end user customer of ours where we have arranged a finance facility for a vehicle. You are giving us consent to market to you no more than once per month and also to communicate about business opportunities we may be working on.
Why do Carmyke Leasing require consent?
We require consent for our own “Know Your Customer” (KYC) requirements, to reduce fraud and malpractice in our sector. We also need to maintain a commercial relationship over time with all our customer to ensure that we can supply appropriate services and products to you.
How did you give consent?
Via an opt-in box either on this website or via an email we have sent you.
How can I withdraw my consent for you to hold my data?
You have the right to withdraw your consent for us to hold your data at any time. You do not have to offer a reason for this. Once we have received notice from you to withdraw consent to hold your data, your details will be removed from our system and marketing lists within seven working days. To remove your consent for us to hold your data, please email email@example.com
Do we have this history by individual person?
No, our records will provide history by the company or organisation they represent, not the individual.
When will the consent expire?
We expire consent six years after it has been given. This period of time is due to companies undertaking lease contracts that can be five years in duration. We have allocated a year after the contract potentially being completed.
What is classified as personal data?
Personal data could relate to economic, cultural and mental health information on yourself. We do not hold any of this data.
What data we hold and why?
Holding of “Special Personal Data” also known as “Sensitive personal Data.”
This relates to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and health or sex life. Carmyke Leasing does not hold or collect any of this data. Passports, driving Licences or utility bills do not form part of sensitive data. Where information on the data subject/customer is obtained from a source other than the data subject/customer, what that source is. There will be instances where we obtain data from a third party. Often, this is where a supplier we deal with passes up information on a prospect they are working with. We will data load and keep this information to help in obtaining a credit acceptance as long as the information is appropriate to our needs. Should you request it, we will be more than happy to disclose what information we hold and the third party we received it from.
What is soft Opt-in?
Soft opt-in is a term used to allow us to communicate with an individual even though they have not actually opted in as from the 25th May 2018. An individual could be a prospect, customer or supplier with whom we have spoken to about leasing. Under the soft opt-in rules, we are allowed to communicate with this individual via email as long as the subject matter is related to leasing and asset finance. The soft opt-in ruling can be deemed to be ambiguous. We have interpreted this section under the new GDPR rules that we can communicate with individuals via their personal email account or mobile phone if we can clearly demonstrate we have communicated with them in the past about a relevant subject matter.
What have we done to comply with the new GDPR ruling?
Board of Directors – The directors have been fully briefed on GDPR and have appointed Data Controllers internally.
Training - All our existing staff – and new recruits – will go through a one-day data protection training course as a minimum, there being a refresher course on a yearly basis.
Company mobile phones – All company mobile phones are password protected.
Company laptops – All laptops are password protected. They are hidden when in a vehicle and locked away if ever stored overnight at an office. Employees are aware on the need to keep them safe in a home environment.
Personal Data – Our CRM system, Word, Excel, Outlook are all stored in the cloud via a Microsoft storage facility as opposed to the computer drive.
CRM system – This is security protected (https://) The data is help offsite in a data centre and backed up every day. All employees have an individual login and a passcode that changes on a daily basis. Only current employees of our company have access to this system.
Your rights as an individual
The GDPR includes the following rights for individuals: the right to be informed, the right of access, the right to rectification,the right to erasure, the right to restrict processing, the right to data portability, the right to object, the right not to be subject to automated decision-making including profiling. You can remove consent, for any reason at any time by emailing firstname.lastname@example.org Should you have any questions regarding GDPR and your data at Carmyke Leasing, again, please email email@example.com and the Data Controller will get back to you within two working days.
In the event of a security breach
We take data security very seriously and use best endeavours to ensure the systems and procedures we follow provide us with a high level of data security. Should a data breach occur, we will analyse the situation and report it to the necessary authorities and communicate with any individuals that may have been affected. Carmyke Leasing Ltd look to report this information to the Information Commissioner's Office with 48 business hours and communicate with any individual affected within 72 hours.
Filing a Complaint
We hope that you will not find it necessary to file a complaint against our company with reference to Data Protection. Should you feel it appropriate, you will need to contact: Organisation Information Commissioner's Officer Website address www.ico.org.uk Telephone You can call their helpline on 0303 123 1113
Who are the ICO?
The ICO are the UK’s independent authority set up to uphold information rights in the public interest promoting openness by public bodies and data privacy for individuals.