(1) PRIVACY POLICY

In its day-to-day business operations, HAIR PROFESSIONAL EOOD uses various data relating to identified individuals, including data concerning:

When collecting and using this data, the organization is subject to various laws that govern how these activities may be carried out and the safeguards that must be put in place to protect it.

The purpose of this policy is to identify the relevant legislation and describe the steps that HAIR PROFESSIONAL EOOD takes to ensure that the organization complies with it.

This control applies to all systems, people and processes that constitute the organization's information systems, including employees, suppliers, customers and other third parties that have access to the systems of HAIR PROFESSIONAL EOOD.

Privacy and Personal Data Policy

The General Data Protection Regulation of 2016 (GDPR) is one of the most significant pieces of legislation affecting how HAIR PROFESSIONAL EOOD carries out its information processing activities. Significant fines may be imposed if a breach is deemed to have occurred under the regulation, which is designed to protect the personal data of European Union citizens. It is the policy of HAIR PROFESSIONAL EOOD to ensure its compliance with the Regulation and other applicable legislation and for this compliance to be clear and demonstrable at all times through appropriate accountability.

A large number of definitions are listed within the GDPR, and it is not appropriate to reproduce them here. However, the most fundamental definitions in relation to this policy are as follows:

‘Personal data’ is defined as:

any information relating to a natural person by which that person can be identified (‘data subject’), 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, psychological, mental, economic, cultural or social identity of that natural person;

‘Processing’ means:

any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making data available, alignment or combination, restriction, erasure or destruction;

‘Controller’ means:

the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing personal data; where the purposes and means of such processing are determined by Union or Member State law. The controller or the specific criteria for its nomination may be provided for by Union or Member State law;

Principles relating to the processing of personal data

There are a number of fundamental principles underpinning the GDPR.

They are as follows:

1. Personal data shall be:

(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89, paragraph 1, not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as they will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’);

2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

HAIR PROFESSIONAL EOOD will ensure that it complies with all these principles both in the processing it currently carries out and as part of the introduction of new processing methods, such as new information systems.

Rights of the individual

The data subject also has rights under the GDPR. These comprise:

1. The right to be informed

2. The right of access

3. The right to rectification

4. The right to erasure

5. The right to restriction of processing

6. The right to data portability

7. The right to object

8. Rights in relation to automated decision-making and profiling

Each of these rights is supported by appropriate procedures within HAIR PROFESSIONAL EOOD that enable the necessary action to be taken within the time limits specified in the GDPR.
These time limits are set out in Table 1 - Data Subject Request Time Limits

There are six alternative ways in which the lawfulness of a specific instance of personal data processing may be established under the GDPR. It is the policy of HAIR PROFESSIONAL EOOD to identify the appropriate basis for processing and document it in accordance with the Regulation. The options are briefly described in the following sections.

Consent

Unless necessary for a reason permitted under the GDPR, HAIR PROFESSIONAL EOOD will always obtain the data subject's explicit consent to collect and process their data. In the case of children under 16 years of age (a lower age may be permitted in specific EU Member States), parental consent will be obtained. Transparent information about the use of personal data will be provided to data subjects at the time their consent is obtained, and their rights in relation to their data, such as the right to withdraw consent, will be explained. This information will be provided in an accessible form, written in clear language and free of charge.

If the personal data is not obtained directly from the data subject, this information will be provided to the data subject within a reasonable period after obtaining the data and in any event within one month.

Performance of a contract

Where the personal data collected and processed is necessary for the performance of a contract with the data subject, explicit consent is not required. This is often the case where the contract cannot be completed without the personal data in question, e.g. delivery cannot be made without an address to which it can be delivered.

Legal obligation

If personal data must be collected and processed in order to comply with the law, explicit consent is not required. This may be the case with certain data related, for example, to employment and taxation, and in many areas involving the public sector.

Vital interests of the data subject

Where personal data is necessary to protect the vital interests of the data subject or another natural person, this may be used as the lawful basis for processing. HAIR PROFESSIONAL EOOD will retain reasonable and documented evidence that this is the case whenever this reason is used as the lawful basis for processing personal data. For example, this may be used in aspects of social care, particularly in the public sector.

Performance of a task carried out in the public interest

Where HAIR PROFESSIONAL EOOD needs to perform a task that it considers to be in the public interest or as part of an official duty, the data subject's consent will not be sought. The assessment of the public interest or official duty will be documented and made available as evidence where necessary.

Legitimate interests

If the processing of specific personal data is in the legitimate interests of HAIR PROFESSIONAL EOOD and is considered not to significantly affect the rights and freedoms of the data subject, this may be identified as the lawful basis for processing. Again, the reasoning behind this view will be documented.

Protection of the right to privacy

HAIR PROFESSIONAL EOOD has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data are subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.

The data protection impact assessment will include:

· Consideration of how personal data will be processed and for what purposes

· An assessment of whether the proposed processing of personal data is necessary and proportionate to the purpose(s)

· An assessment of the risks to individuals arising from the processing of personal data

· What controls are necessary to address the identified risks and demonstrate compliance with the legislation

The use of techniques such as data minimisation and pseudonymisation will be considered where applicable and appropriate.

Contracts involving the processing of personal data

HAIR PROFESSIONAL EOOD will ensure that all relationships associated with it that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR.

International transfers of personal data

Transfers of personal data outside the European Union will be carefully reviewed before the transfer takes place to ensure that they fall within the limits imposed by the GDPR. This depends in part on the European Commission's assessment of the adequacy of the safeguards for personal data applicable in the recipient country, and this may change over time.

Transfers of personal data outside the European Union will be carefully reviewed before the transfer takes place to ensure that they fall within the restrictions imposed by the GDPR. This depends in part on the European Commission's assessment of the adequacy of the safeguards for personal data applicable in the recipient country, and this may change over time.

International data transfers within a group will be subject to legally binding agreements known as "Binding Corporate Rules", which grant enforceable rights to data subjects.

Data Protection Officer

Under the GDPR, if an organisation is a public authority, carries out large-scale monitoring or processes particularly sensitive types of data on a large scale, a designated Data Protection Officer (DPO) role is required. The DPO is required to have an appropriate level of expertise and may either be an internal resource or the role may be outsourced to a suitable external service provider.

HAIR PROFESSIONAL EOOD, in its capacity as PERSONAL DATA CONTROLLER, will appoint a Data Protection Officer if the number of records exceeds 10000.

Breach Notification

HAIR PROFESSIONAL EOOD's policy is to act fairly and proportionately when considering the actions that must be taken to inform affected parties of personal data breaches. In accordance with the GDPR, when it is known that a breach has occurred which may result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be notified within 72 hours. This will be managed in accordance with our Information Security Incident Response Procedure, which sets out the overall process for handling information security incidents.

Under the GDPR, the relevant data protection authority has the power to impose fines of up to four percent of annual worldwide turnover or twenty million euros, whichever is higher, for breaches of the regulations.

Addressing Compliance with the GDPR

The following actions have been taken to ensure that HAIR PROFESSIONAL EOOD complies with the GDPR's accountability principle at all times:

· Procedures involving personal data are reviewed regularly

· Privacy by design is adopted for all new or modified systems and processes

· The following documentation of processing activities is maintained:

o Name of the organisation and relevant details

o Purpose of personal data processing

o Categories of individuals and personal data processed

o Categories of recipients of personal data

o Agreements and mechanisms for transferring personal data to countries outside the EU, including details of the control measures implemented

o Personal data retention schedules

o Existing technical and organisational controls

These actions are reviewed regularly as part of the data protection management process.