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Introduction
Beeks Financial Cloud Group is committed to protecting the rights and freedoms of data subjects, and safely and securely processing their data in accordance with all of our legal obligations.
We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
This policy sets out how we seek to protect personal data and ensure compliance with the General Data Protection Regulation.
Definitions
| Business purposes | “Business purposes” include purposes for which personal data may be held and used by us:Delivering our service, personnel, administrative, financial, regulatory, payroll and business development purposes. Specifically, ‘business purposes’ includes the following:
– Delivering our services directly and through our third-party suppliers – Compliance with our legal, regulatory and corporate governance obligations and good practice – Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests – Ensuring business policies are adhered to (such as policies covering email and internet use) – Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking – Investigating complaints – Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments – Monitoring staff conduct, disciplinary matters – Marketing new products or services – Improving services |
|---|---|
| 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. |
| Special categories of personal data | Special categories of data include information about an individual’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy. |
| Data controller | ‘Data 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 the processing of personal data; where the purposes and means of such processing are determined by law. |
| Data processor | ‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. |
| 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. |
| We / Us / Our | “We”, “Us” and “Our” refer to Beeks Financial Trading Cloud plc. |
Scope
This policy applies to all staff, who must be familiar with this policy and comply with its terms. This policy is supplemented by Beeks Financial Cloud Group’s Internal Data Protection Policy, which all staff are required to read and agree to.
We may supplement or amend this policy from time to time. Any new or modified policy will be circulated to staff before being adopted.
Who is responsible for this policy?
The Data Protection Officer (“DPO”) has overall responsibility for the day-to-day implementation of this policy. You should contact the DPO for further information about this policy if necessary.
Beeks Financial Cloud Group’s Data Protection Officer: Oscar Neill
Email: datarequests@beeksgroup.com
ICO Registration
We have been registered since March 2016 with the Information Commissioner’s Office (“ICO”) under registration number ZA173130 as a Data Processor and Data Controller.
The principles
Beeks Financial Cloud Group shall comply with the principles of data protection (“the Principles”) enumerated in the EU General Data Protection Regulation (“GDPR”). We will make every effort possible in everything we do to comply with these principles. The Principles are:
1. Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
2. Limited for its purpose
Data can only be collected for a specific purpose.
3. Data minimisation
Any data collected must be necessary and not excessive for its purpose.
4. Accurate
The data we hold must be accurate and kept up to date.
5. Retention
We cannot store data longer than necessary.
6. Integrity and confidentiality
The data we hold must be kept safe and secure.
Accountability and transparency
Beeks Financial Cloud Group ensures accountability and transparency in all our use of personal data.
To comply with data protection laws and the accountability and transparency Principle of GDPR, Beeks Financial Cloud Group has done the following:
1. Conducted a full privacy impact assessment & created a data map
2. Assessed data security measures
3. Reviewed Breach Notification processes
4. Reviewed and updated Beeks Financial Cloud Group’s Terms of Service
5. Reviewed and updated Beeks Financial Cloud Group’s policies
6. Built awareness about correct data protection with employees
7. Appointed a Data Protection Officer
8. Reviewed processes for responding to subject access requests
9. Incorporated privacy considerations in all new product development processes
10. Reviewed all record keeping systems
Beeks Financial Cloud Group employees are required to demonstrate a full understanding of the responsibilities they hold that will ensure Beeks Financial Cloud Group meets its data protection obligations. All employees were required to attend Beeks Financial Cloud Group’s Data Protection Training Session in May 2018, outlining exactly what they are responsible for, and agree to Beeks Financial Cloud Group’s Internal Data Protection Policy.
Data map
Beeks Financial Cloud Group’s Data Map outlines how data enters Beeks Financial Cloud Group, where it resides, how it is transferred, how it is secured and the lawful reason for processing.
Our procedures
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful, in which case it will not be processed. Data subjects have the right to have any data unlawfully processed erased.
Controlling vs. processing data
Beeks Financial Cloud Group is classified as a data controller and data processor. We maintain our appropriate registration with the Information Commissioners Office in order to continue lawfully controlling and processing of data.
As a data processor, we must:
Not use a sub-processor without written authorisation of the data controller
Co-operate fully with the ICO or other supervisory authority
Ensure the security of the processing
Keep accurate records of processing activities
Notify the controller / DPO of any personal data breaches
If you are in any doubt about how we handle data, contact the DPO for clarification.
Lawful basis for processing data
All data processed by Beeks Financial Cloud Group has a lawful basis approved by our DPO. Beeks Financial Cloud Group ensures that at least one of the following conditions applies whenever we process personal data:
Consent
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
Contract
The processing is necessary to fulfil or prepare a contract for the individual.
Legal obligation
We have a legal obligation to process the data (excluding a contract).
Vital interests
Processing the data is necessary to protect a person’s life or in a medical situation.
Public function
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
Legitimate interest
The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
For all existing data processing activities, the condition for lawfulness is clearly shown in our Data Map. For all new data processing activities, we will a) establish that processing is necessary, and b) ensure that there is at least one lawful basis that applies to the processing purpose. This will be documented and added to Beeks Financial Cloud Group’s Data Map.
All individuals with data processed or held by Beeks Financial Cloud Group are informed of the lawful basis for processing their data, as well as the intended purpose. This occurs through our Privacy Notices, Terms of Service, Beeks Financial Cloud Group Data Protection Policy and Beeks Financial Cloud Group Internal Data Protection Policy.
Special categories of personal data
What are special categories of personal data?
Previously known as sensitive personal data, this refers to data about an individual that is more sensitive, and therefore requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include information about an individual’s:
- race
- ethnic origin
- politics
- religion
- trade union membership
- genetics
- biometrics (where used for ID purposes)
- health
- sexual orientation
Beeks Financial Cloud Group does not process any special category personal data.
Responsibilities
Below we have listed Beeks Financial Cloud Group’s responsibilities that ensure data is appropriately controlled and processed.
Beeks Financial Cloud Group’s responsibilities:
- Analysing and documenting the type of personal data we hold
- Checking procedures to ensure they cover all the rights of the individual
- Identifying the lawful basis for processing data
- Ensuring consent procedures are lawful
- Implementing and reviewing procedures to detect, report and investigate personal data breaches
- Storing data in safe and secure ways
- Assessing the risk that could be posed to individual rights and freedoms should data be compromised
Beeks Financial Cloud Group employee responsibilities:
- Fully understand data protection obligations
- Check that any data processing activities that are personally dealt with, comply with our policy and are justified
- Do not use data in any unlawful way
- Do not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through your actions
- Comply with this policy and Beeks Financial Cloud Group’s Internal Data Protection Policy at all times
- Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay
Responsibilities of the Data Protection Officer:
- Keeping the Directors updated about data protection responsibilities, risks and issues
- Reviewing all data protection procedures and policies on a regular basis
- Arranging data protection training and advice for all staff members and those included in this policy
- Answering questions on data protection from staff, board members and other stakeholders
- Responding to individuals such as clients and employees who wish to know which data is being held on them by us
- Checking and approving with third parties that handle the company’s data any contracts or agreement regarding data processing
Responsibilities of the IT Manager:
- Ensure all systems, services, software and equipment meet acceptable security standards
- Checking and scanning security hardware and software regularly to ensure it is functioning properly
- Researching third-party services, such as cloud services the company is considering using to store or process data
Responsibilities of the Marketing Manager:
- Approving data protection statements attached to emails and other marketing copy
- Ensuring data protection queries from clients, target audiences or media outlets are addressed appropriately
- Coordinating with the DPO to ensure all marketing initiatives adhere to data protection laws and the company’s Data Protection Policy
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. Once a request for a correction is made, Beeks Financial Cloud Group guarantees that the correction will be made within 30 days, and will be checked and documented by the DPO.
Data security
General systems, servers & cloud services:
Beeks Financial Cloud Group ensures all data we hold either on our own systems, servers or on cloud-based software, is as secure as possible against loss or misuse. This entails using two factor authentication, encryption, secure data centres, password managers and security software in addition to staff training.
We also do regular security reviews of all Beeks Financial Cloud Group systems and apply patches for security issues.
Third parties:
Beeks Financial Cloud Group only passes data to third parties as necessary to provide our services, or communications about our services. All third parties have been vetted for adequate security and checked for compliance with the GDPR as part of our security measures review.
Storing data securely
- Beeks Financial Cloud Group holds little data on paper, and that which is held on paper is secured physically in locked cabinets. Most personal data is held in secure, cloud-based systems that only Beeks Financial Cloud Group authorised staff have access to.
- Data stored on Beeks Financial Cloud Group computers is protected by strong passwords that are changed regularly.
- All Beeks Financial Cloud Group’s cloud-based data storage systems and applications have been approved by the DPO.
- Data is regularly backed up in line with Beeks Financial Cloud Group’s backup procedures.
Data retention
We will retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but each case will be determined in a manner consistent with current regulations.
Backups of client data uploaded as part of Beeks Financial Cloud Group’s Virtual Private Server offering is deleted on a rolling 30 day schedule.
For emails, Beeks Financial Cloud Group retains archives for 6 years before the email is deleted.
Transferring data internationally
Client data uploaded as part of Beeks Financial Cloud Group’s Virtual Private Server or Dedicated Server offering is not transferred abroad except to authorised third-party sub-processors as is necessary to fulfil service. The third-party sub-processors are authorised only if they have sufficient safeguards in place to ensure the protection of personal data they hold.
Rights of individuals
Individuals have rights to their data which Beeks Financial Cloud Group respects and complies with to the best of our ability. We ensure individuals can exercise their rights in the following ways:
- Right to be informed
- Beeks Financial Cloud Group’s Privacy Notice is concise, transparent, intelligible and easily accessible, free of charge, and written in clear and plain language.
- Beeks Financial Cloud Group keeps a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
- Right of access
- Individuals may access their personal data and supplementary information with a written request. Written requests should be made to datarequests@beeksfx.com.
- Beeks Financial Cloud Group makes individuals aware of the lawfulness of the processing activities through the Privacy Notices we provide.
- Right to rectification
- Beeks Financial Cloud Group will rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete.
- This will be done within 30 days of the request. Requests should be sent to datarequests@beeksfx.com
- Right to erasure
- Beeks Financial Cloud Group will delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
- Right to restrict processing
- Beeks Financial Cloud Group will comply with any request to restrict, block, or otherwise suppress the processing of personal data. Requests should be sent to datarequests@beeksfx.com.
- Beeks Financial Cloud Group is permitted to store personal data if it has been restricted, but not process it further. We must retain enough data to ensure the right to restriction is respected in the future.
- Right to data portability
- Beeks Financial Cloud Group will supply individuals with their data so that they can reuse it for their own purposes or across different services.
- Beeks Financial Cloud Group will provide it in a commonly used format and send it directly to another controller if requested.
- Right to object
- Beeks Financial Cloud Group will respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
- Beeks Financial Cloud Group will respect the right of an individual to object to direct marketing, including profiling.
- Beeks Financial Cloud Group will respect the right of an individual to object to processing their data for scientific and historical research and statistics.
- Rights in relation to automated decision making and profiling
- Beeks Financial Cloud Group will respect the rights of individuals in relation to automated decision making and profiling.
- Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
Privacy notices
Beeks Financial Cloud Group supplies a privacy notice at the time the data is obtained if obtained directly from the data subject. If the data is not obtained directly from the data subject, the privacy notice is provided within one month.
If the data is being used to communicate with the individual, then the privacy notice will be supplied at the latest when the first communication takes place.
If for some reason Beeks Financial Cloud Group is required to disclose information to another party, a privacy notice will be supplied prior to the data being disclosed.
Subject access requests
What is a subject access request?
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information.
How we deal with subject access requests
Beeks Financial Cloud Group will provide the individual with a copy of the information the request, free of charge. This will occur within 30 days of the request. We endeavour to provide data subjects access to their information in commonly used electronic formats. The process for handling data requests is as follows:
- Individual submits request to datarequests@beeksfx.com with details of their request including the type of data and what they would like to be sent, amended or deleted.
- If the request is manifestly unfounded or excessive, Beeks will refute the request as per
GDPR. Otherwise, Beeks will fulfil the request using the following steps:
-
- Beeks Operations create JIRA “Customer Data Access” request.
- Dependent on the nature of the request, the appropriate team member will action the request for data.
- Beeks will complete the request by taking appropriate action (within one month, or two months if the individual’s request is complex or numerous per the GDPR).
If complying with the request is complex or numerous, the deadline for fulfilling the request may be extended per the GDPR.
If the request is for a large quantity of data, we can request the individual specify the information they are requesting. This can only be done with express permission from the DPO.
Once a subject access request has been made, Beeks Financial Cloud Group will not change or amend any of the data that has been requested.
Data portability requests
Beeks Financial Cloud Group will provide the data requested in a structured, commonly used and machine-readable format. This would normally be a CSV file, although other formats are acceptable. We will provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This is done free of charge and without delay, and no later than 30 days from the time of request. This can be extended to up to two months for complex or numerous requests, but the individual must be informed of the extension within one month and permission must be granted from the DPO first.
Right to erasure
What is the right to erasure?
Individuals have a right to have their data erased and for processing to cease in the following circumstances:
- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected and / or processed
- Where consent is withdrawn
- Where the individual objects to processing and there is no overriding legitimate interest for continuing the processing
- The personal data was unlawfully processed or otherwise breached data protection laws
- To comply with a legal obligation
- The processing relates to a child
How we deal with the right to erasure
We can only refuse to comply with a right to erasure in the following circumstances:
- To exercise the right of freedom of expression and information
- To comply with a legal obligation for the performance of a public interest task or exercise of official authority
- For public health purposes in the public interest
- For archiving purposes in the public interest, scientific research, historical research or statistical purposes
- The exercise or defence of legal claims
If personal data that needs to be erased has been passed onto other parties or recipients, Beeks Financial Cloud Group will ensure they are contacted and informed of their obligation to erase the data. If the individual asks, we must inform them of those recipients.
The right to object
Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:
- We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
- The processing relates to the establishment, exercise or defence of legal claims.
We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.
The right to restrict automated profiling or decision making
We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:
- It is necessary for the entry into or performance of a contract.
- Based on the individual’s explicit consent.
- Otherwise authorised by law.
In these circumstances, we must:
- Give individuals detailed information about the automated processing.
- Offer simple ways for them to request human intervention or challenge any decision about them.
- Carry out regular checks and user testing to ensure our systems are working as intended.
Third parties
Using third party controllers and processors
As a data controller and processor, we must have agreements in place with all third-party data controllers and processors that we use that ensure they are compliant with the existing regulations and that they have appropriate security measures to adequately protect the data we share with them.
As a data controller, we must only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.
As a data processor, we must only act on the documented instructions of a controller. We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.
Criminal offence data
Beeks Financial Cloud Group does not carry out criminal record checks. Should we ever carry out a criminal record check in the future, we understand that we cannot keep a comprehensive register of criminal offence data. We also understand all data relating to criminal offences is considered to be a special category of personal data and must be treated as such.
Audits, monitoring and training
Data audits
Beeks Financial Cloud Group conducts data audits annually, updating our Data Map.
This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.
Monitoring
All Beeks Financial Cloud Group employees must adhere to our monitoring policies, and notify the DPO of any breaches.
Training
All Beeks Financial Cloud Group employees receive adequate training on provisions of data protection law specific to their role. If they change roles or responsibilities, they are responsible for requesting new data protection training relevant to their new position or responsibilities.
If they require additional training on data protection matters, they can contact the DPO.
Reporting breaches
Breach notification processes
Any breach of this policy or of data protection laws must be reported as soon as practically possible to the ICO and the data subjects. Our employees have been informed they must notify our DPO if they have become aware of a breach, so that the DPO can inform the other necessary parties.
With all data breaches, Beeks Financial Cloud Group will:
- Investigate the failure and take remedial steps if necessary.
- Notify the data subjects, the ICO and any other relevant regulatory body of compliance failures.
- Maintain a register of the compliance failure(s).
Any member of staff who fails to notify of a breach, or is found to have known or suspected a breach has occurred but has not followed the correct reporting procedures will be liable to disciplinary action.
Breach notification to regulators
Beeks Financial Cloud Group’s DPO will report ‘personal data breaches’ to the ICO without undue delay and, where feasible, within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in risk for the rights and freedoms of individuals. A personal data breach is defined quite widely to include: “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”.
The notification will include the following information at a minimum:
- the nature of the breach
- the categories of data and number of people involved
- the approximate number of records
- the effect and remedial action taken by the DPO must be provided
Breach notification to data subjects
Beeks Financial Cloud Group will notify affected individuals without undue delay if their rights and freedoms are put at high risk.
The notification will include the following information at a minimum:
- the nature of the breach
- details of the DPO
- the likely consequences
- the measures being taken to address the breach
Beeks Financial Cloud Group could choose to not notify if one of the conditions below is met:
- the controller or DPO has implemented measures to protect the data, including those that render the data unintelligible, for example, encryption;
- the controller or DPO has taken measures which ensure that the high risk to the rights and freedoms of data subjects is no longer likely to materialise; or
- notifying data subjects would involve disproportionate effort, although in such circumstances a public communication is then envisaged
Failure to comply
We take compliance with this policy very seriously. Any employee who fails to comply with any requirement of this policy may be subject to disciplinary action, which may result in dismissal.