Data Protection Policy - Irish Franchise Association

Data Protection Policy

Introduction

The purpose of this document is to provide a concise policy statement regarding the Data Protection obligations of the Irish Franchise Association.

Rationale

The Irish Franchise Association is required to comply and demonstrate accountability with the Data Protection principles set out under GDPR and Irish Data Protection Act 2018. This Policy applies to all Personal Data collected, processed and stored by the Irish Franchise Association in relation to its members be they current, potential or former members, service providers and other individuals in the course of its activities.

Scope

The policy covers both personal and special categories of personal data held in relation to data subjects by the Irish Franchise Association. The policy applies equally to personal data held in manual and automated form.

The Irish Franchise Association as a Data Controller

In the course of its daily organisational activities, the Irish Franchise Association acquires, processes and stores personal data in relation to:

  • Members of the Irish Franchise Association
  • People interested in the Franchise business in Ireland
  • Third party service providers engaged by the Irish Franchise Association

In accordance with the GDPR and the Irish Data Protection Act 2018, this data must be acquired and managed fairly. Should a Data Protection issue, the Irish Franchise Association will take appropriate corrective action.

Due to the nature of the services provided by the Irish Franchise Association, there is occasional exchange of personal data between the Irish Franchise Association and its Data Subjects. In addition, the Irish Franchise Association exchanges personal data with Data Processors on the Data Subjects’ behalf. This is consistent with the Irish Franchise Association’s obligations under the terms of its contract with its Data Processors. This policy provides the guidelines for this exchange of information.

Subject Access Requests

Any request by a Data Subject for a copy of their personal data (a Subject Access Request) should be directed to info@Irishfranchiseassociation.com.

Third-Party processors

In the course of its role as Data Controller, the Irish Franchise Association engages a number of Data Processors to process Personal Data on its behalf. In each case, a formal, written contract is in place with the Processor, outlining their obligations in relation to the Personal Data, the specific purpose or purposes for which they are engaged, and the understanding that they will process the data in compliance with the Irish Data Protection legislation.

The list of Data Processors changes with time and typically include companies like:

  • Chevron Training
  • Blacknight Webhosting
  • Microsoft ltd
  • MFV Expositions

Ordinarily the Irish Franchise Association does not transfer personal data outside of the EEA. If this does happen it is on the basis of an adequacy decision.

 

The Data Protection Principles

The following key principles are enshrined in the GDPR and Irish Data Protection legislation and are fundamental to the Irish Franchise Association’s Data Protection policy.

In its capacity as Data Controller, the Irish Franchise Association ensures that all personal data shall:

1. … be obtained and processed fairly, lawfully and transparently (Fairness, Lawfulness &
Transparency).

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 (the Irish Franchise Association c/o Kandoy House 2 Fairview Strand, Dublin 3)

  • The purpose(s) for which the data is being collected
  • The person(s) to whom the data may be disclosed by the Data Controller
  • Any other information that is necessary so that the processing may be fair. the Irish Franchise Association will meet this obligation in the following way.
  • Where personal data is processed on the basis of consent, the informed consent of the Datam Subject will be sought before their data is processed;
  • Where it is not possible to seek consent, the Irish Franchise Association 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 of the Irish Franchise Association’s lawful activities, and the Irish Franchise Association will implement appropriate technical and organisational measures to safeguard the rights and freedoms of the Data
    Subject;
  • The Data Subject’s personal data will not be disclosed to a third party other than to a party
    contracted to the Irish Franchise Association and operating on its behalf.

2. …. be obtained only for one or more specified, legitimate purposes (Purpose Limitation).

the Irish Franchise Association will obtain data for purposes which are specific, lawful and clearly stated. A Data Subject will have the right to question the purpose(s) for which the Irish Franchise Association holds their data, and the Irish Franchise Association will be able to clearly state that purpose or purposes. Any use of the data by the Irish Franchise Association will be compatible with the purposes for which the data was acquired i.e. there shall be no variation in purpose.

3. …. be kept safe and secure (Integrity & Confidentiality).

the Irish Franchise Association will employ high standards of security and integrity in order to protect the personal data under its care. Appropriate security, technical and organisational measures shall be taken to protect personal data against unauthorised access to, or alteration, destruction or disclosure of any personal data held by the Irish Franchise Association in its capacity as Data Controller. Access to and management of staff and customer records is limited to those staff members who have appropriate authorisation and password access. Where it employs the services of a Data Processor or rather, the latter employs the services of a sub Processor, appropriate measures shall be put in place to protect personal data and guarantee its integrity, safety and accuracy.

4. … be kept accurate, complete and up-to-date where necessary (Accuracy).

the Irish Franchise Association will:

• ensure that administrative 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 certain Personal Data.

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

The Irish Franchise Association 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.

6. … not be kept for longer than is necessary to satisfy the specified purpose(s) (Storage Limitation).

The Irish Franchise Association has identified a relevant list of data categories, and assigned an appropriate data retention period for each category. The matrix applies to data in both a manual and automated format. Once the respective retention period has elapsed, the Irish Franchise Association undertakes to destroy or delete this data.

7. … 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 data can be readily retrieved and provided to them.

the Irish Franchise Association has implemented a Subject Access Request procedure by which to manage such requests in an efficient and timely manner, within the timelines stipulated in the legislation.Implementation

As a Data Controller, the Irish Franchise Association ensures that any entity which processes Personal Data on its behalf (a Data Processor) does so in a manner compliant with the Data Protection legislation. Failure of a Data Processor to manage the Irish Franchise Association’s data in a compliant manner will be viewed as a breach of contract, and will be pursued through the courts.

Complaints

If you have a complaint about the use of your personal information, please let us know. We will try to resolve any query or concern you raise with us. The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in Ireland is the
Data Protection Commission, Canal House, Station Road, Portarlington, Co. Laois R32 AP23. Phone: (057) 8684800. Email: info@dataprotection.ie

 

Definitions

For the avoidance of doubt, and for consistency in terminology, the following definitions will apply within this Policy.

Data:

This includes both automated and manual data. Automated data means data held on computer, or stored with the intention that it is processed on computer.
Manual data means data that is processed as part of a relevant filing system, or which is stored with the intention that it forms part of a relevant filing system.

Personal Data:

Personal data’ means any information relating to an identified or identifiable natural person (‘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.

Controller:

A person or entity who, either alone or with others, controls the content and use of Personal Data by determining the purposes and means by which that Personal Data is processed.

Data Subject:

A living individual who is the subject of the Personal Data, i.e. to whom the data relates either directly or indirectly.

Processor:

A person or entity who processes Personal Data on behalf of a Data Controller on the basis of a formal, written contract, but who is not an employee of the Data Controller, processing such Data in the course of his/her employment.

Processing:

Processing means any operation or set of operations which is 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 available, alignment or combination, restriction, erasure or destruction

Consent:

Consent is defined as processing of personal data that is freely given, specific, informed and explicit indication of a data subject’s wishes either through a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her

Relevant Filing System:

Any set of information in relation to living individuals which is not processed by means of equipment operating automatically (computers), and that is structured, either by reference to individuals, or by reference to criteria relating to individuals, in such a manner that specific information relating to an individual is readily retrievable.