Data Protection Policy Data Access Request Data Retention Policy Security Policy Data Breach Response Policy Acceptable Use Policy

Last Updated at 2024-Jan-10

1. PURPOSE

This policy establishes an effective, accountable, and transparent framework for ensuring compliance with the requirements of the GDPR.

2. SCOPE

This policy applies to all BrainPayroll employees and all third parties responsible for the processing of personal data on behalf of BrainPayroll services/entities. The content of this policy also applies to our processors and sub processors globally.

3. POLICY STATEMENT

BrainPayroll is committed to conducting its business in accordance with all applicable data protection laws and regulations and in line with the highest standards of ethical conduct.

This policy sets forth the expected behaviors of BrainPayroll employees and third parties in relation to the collection, use, retention, transfer, disclosure and destruction of any personal data belonging to BrainPayroll contact (i.e. the data subject).

Personal data is any information (including opinions and intentions) which relates to an identified or identifiable natural person. Personal data is subject to certain legal safeguards and other regulations, which impose restrictions on how organization may process personal data. Our client collect data from data controller or data subjects and give us for process so as an organization that process on personal data known as a Data Processor or Data Sub-Processor. BrainPayroll, as a Data Sub Processor, is responsible for ensuring compliance with the data protection requirements outlined in this policy. Non-compliance may expose BrainPayroll to complaints, regulatory action, fines and/or reputational damage. BrainPayroll, as a Data Sub-Processor is responsible for ensuring compliance with the requirements of the Data Controller and with the data protection requirements outlined in this policy. Non-compliance may expose BrainPayroll to complaints, regulatory action, fines and/or reputational damage.

BrainPayroll’s leadership is fully committed to ensuring continued and effective implementation of this policy and expects all BrainPayroll employees and third parties to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.

3.1 Governance

3.1.1 Data Protection Officer

To demonstrate our commitment to data protection, and to enhance the effectiveness of our compliance efforts, BrainPayroll has appointed a Data Protection Officer. The Data Protection Officer operates with independence and is supported by suitability skilled individuals granted all necessary authority. The Data Protection Officer works with and reports to Management Team. The Data Protection Officer’s duties include:

Informing and advising BrainPayroll and its employees who carry out processing pursuant to data protection regulations, national law or European Union based data protection provisions.
Ensuring the alignment of this policy with data protection regulations, national law or European Union based data protection provisions.
Providing guidance with regards to carrying out Data Protection Impact Assessments (DPIAs).
Acting as a point of contact for and cooperating with Data Protection Authorities (DPAs).
Determining the need for notifications to one or more DPAs because of BrainPayroll’s current or intended personal data processing activities.
Making and keeping current notifications to one or more DPAs because of BrainPayroll’s current or intended personal data processing activities.
The establishment and operation of a system providing prompt and appropriate responses to data subject requests.
Informing senior managers, officers, and directors of BrainPayroll of any potential corporate, civil and criminal penalties which may be levied against BrainPayroll and/or its employees for violation of applicable data protection laws.

Ensuring establishment of procedures and standard contractual provisions for obtaining compliance with this Policy deficiencies any third party who:

Provides personal data to BrainPayroll service/entity
Receives personal data from BrainPayroll service/entity
Has access to personal data collected or processed by BrainPayroll.

3.1.2 Data Protection by Design

To ensure that all data protection requirements are identified and addressed when designing new systems or processes or services and/or when reviewing or expanding existing systems or processes or services, each of them must go through an approval process before continuing. Each BrainPayroll service/entity must ensure that a Data Protection Impact Assessment (DPIA) is conducted, in cooperation with the Data Protection Officer, for all new and/or revised systems or processes for which it has responsibility. The subsequent findings of the DPIA must then be submitted to the Data Privacy Team for review and approval. Where applicable, the any third-party Information Technology (IT) contractors, as part of BrainPayroll’s IT system and application design review process, will cooperate with the Data Protection Officer to assess the impact of any new technology uses on the security of personal data.

3.1.3 Compliance Monitoring

To confirm that an adequate level of compliance that is being achieved by all BrainPayroll services/entities in relation to this policy, the Data Protection Officer will carry out an annual data protection compliance audit for all such services/entities. Each audit will, as a minimum, assess:

Compliance with policy in relation to the protection of personal data, including:

The assignment of responsibilities.

Raising awareness.
Training of employees.

The effectiveness of data protection related operational practices, including:

Data subject rights.
Personal data transfers.
Personal data incident management.
Personal data complaints handling.
The level of understanding of data protection policies and privacy notices.
The currency of data protection policies and privacy notices.
The accuracy of personal data being stored.
The conformity of data processor activities.
The adequacy of procedures for redressing poor compliance and personal data breaches. The Data Protection Officer, in cooperation with Dept Heads from each BrainPayroll service/entity, will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable time frame. Any major deficiencies and good practice identified will be reported to, monitored by, and shared by the BrainPayroll management team.

3.2 Data Protection Principles

BrainPayroll has adopted the following principles to govern its collection, use, retention, transfer, disclosure, and destruction of personal data:

Principle 1: Lawfulness, Fairness and Transparency. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. This means, BrainPayroll must tell the data subject what processing will occur (transparency), the processing must match the description given to the data subject (fairness), and it must be for one of the purposes specified in the applicable data protection regulation (lawfulness).

Principle 2: Purpose Limitation. Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. This means BrainPayroll must specify exactly what the personal data collected will be used for and limit the processing of that personal data to only what is necessary to meet the specified purpose.

Principle 3: Data Minimisation.Personal data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed. This means BrainPayroll must not store any personal data beyond what is strictly required.

Principle 4: Accuracy. Personal data shall be accurate and, kept up to date. This means BrainPayroll must have in place processes for identifying and addressing out-of-date, incorrect, and redundant personal data.

Principle 5: Storage Limitation.Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. This means BrainPayroll must, wherever possible, store personal data in a way that limits or prevents identification of the data subject.

Principle 6: Integrity & Confidentiality.Personal data shall be 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. BrainPayroll must use appropriate technical and organisational measures to ensure the integrity and confidentiality of personal data is maintained at all times.

Principle 7: Accountability. The Data Processor shall be responsible for and be able to demonstrate compliance. This means BrainPayroll must demonstrate that the six data protection principles (outlined above) are met for all personal data for which it is responsible

3.3 Data Collection

3.3.1 Data Sources

Personal data should be collected only from the data collector or data processor unless one of the following apply:

The nature of the business purpose necessitates collection of the personal data from other persons or bodies. E.g. Benefit Information, job references, DBS information.
The collection must be carried out under emergency circumstances in order to protect the vital interests of the data subject or to prevent serious loss or injury to another person. E.g. Jobseeker Safeguarding

If personal data is collected from someone other than the data subject, the data subject must be informed of the collection unless one of the following apply:

The data subject has received the required information by other means.
The information must remain confidential due to a professional secrecy obligation
A national law expressly provides for the collection, processing or transfer of the personal data.

Where it has been determined that notification to a data subject is required, notification should occur promptly, but in no case later than:

One calendar month from the first collection or recording of the personal data
At the time of first communication if used for communication with the data subject
At the time of disclosure if disclosed to another recipient.

3.3.2 Data Subject Consent

Each BrainPayroll service/entity will obtain personal data only by lawful and fair means and, where appropriate with the knowledge and consent of the individual concerned. Where a need exists to request and receive the consent of an individual prior to the collection, use or disclosure of their personal data, BrainPayroll is committed to seeking such consent. The Data Protection Officer, in cooperation with other relevant business representatives, shall establish a system for obtaining and documenting data subject consent for the collection, processing, and/or transfer of their personal data.

3.3.3 Data Subject Notification

Each BrainPayroll service/entity will, when required by applicable law or contract, or where it considers that it is reasonably appropriate to do so, provide data subjects with information as to the purpose of the processing of their personal data. When the data subject is asked to give consent to the processing of personal data and when any personal data is collected from the data subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:

The data subject already has the information.
A legal exemption applies to the requirements for disclosure and/or consent. The disclosures may be given orally, electronically or in writing. If given orally, the person making the disclosures should use a suitable script or form approved in advance by the Data Protection Officer. The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.

3.3.4 External Privacy Notices

Each external website provided by BrainPayroll will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.

3.4 Data Use

3.4.1 Data Processing

BrainPayroll uses the personal data of its contacts for the following broad purposes:

The payroll software and user support
Migrating data to BrainPayroll if applicable
Managing infrastructure backup if applicable

The use of a contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a contact’s expectations that their details will be used by BrainPayroll to respond to a contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that BrainPayroll would then provide their details to third parties for marketing purposes.

Each BrainPayroll service/entity will process personal data in accordance with all applicable laws and applicable contractual obligations. More specifically, BrainPayroll will not process personal data unless at least one of the following requirements are met:

The data subject has given consent to the processing of their personal data for one or more specific purposes.
Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.
Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.
Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller/Processor or by a third party (except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, in particular where the data subject is a child).

There are some circumstances in which personal data may be further processed for purposes that go beyond the original purpose for which the personal data was collected. When making a determination as to the compatibility of the new reason for processing, guidance and approval must be obtained from the Data Protection Officer before any such processing may commence.

In any circumstance where consent has not been gained for the specific processing in question, BrainPayroll will address the following additional conditions to determine the fairness and transparency of any processing beyond the original purpose for which the personal data was collected: Any link between the purpose for which the personal data was collected and the reasons for intended further processing.
The context in which the personal data has been collected, in particular regarding the relationship between data subject and the Data Controller.
The nature of the personal data, in particular whether special categories of data are being processed, or whether personal data related to criminal convictions and offences are being processed.
The possible consequences of the intended further processing for the data subject.
The existence of appropriate safeguards pertaining to further processing, which may include encryption, anonymisation or pseudonymisation.

3.4.2 Special Categories of Data

BrainPayroll will only process special categories of data (also known as sensitive data) where the data subject expressly consents to such processing or where one of the following conditions apply:

The processing relates to personal data which has already been made public by the data subject.
The processing is necessary for the establishment, exercise or defence of legal claims.
The processing is specifically authorised or required by law.
The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
Further conditions, including limitations, based upon national law related to the processing of genetic data, biometric data or data concerning health.

In any situation where, special categories of data are to be processed, prior approval must be obtained from the Data Protection Officer, and the basis for the processing clearly recorded with the personal data in question. Where special categories of data are being processed, BrainPayroll will adopt additional protection measures.

3.4.3 Children’s Data

Children under the age of 16 are unable to consent to the processing of personal data for information society services (any service normally provided for payment, by electronic means and at the individual request of a recipient of services). Consent must be sought from the person who holds parental responsibility over the child. However, it should be noted that where processing is lawful under other grounds, consent need not be obtained from the child or the holder of parental responsibility.

3.4.4 Data Quality

Each BrainPayroll service/entity will adopt all necessary measures to ensure that the personal data it collects, and processes is complete and accurate in the first instance and is updated to reflect the current situation of the data subject. The measures adopted by BrainPayroll to ensure data quality include:

Correcting personal data known to be incorrect, inaccurate, incomplete, ambiguous, misleading, or outdated, even if the data subject does not request rectification.
Keeping personal data only for the period necessary to satisfy the permitted uses or applicable statutory retention period.
The removal of personal data if in violation of any of the data protection principles or if the personal data is no longer required.
Restriction, rather than deletion of personal data, insofar as:

a law prohibits erasure.
erasure would impair legitimate interests of the data subject.
the data subject disputes that their personal data is correct, and it cannot be clearly ascertained whether their information is correct or incorrect.

3.4.5 Digital Marketing

As a rule, BrainPayroll will not send promotional or direct marketing material to BrainPayroll contact through digital channels such as mobile phones, email, and the Internet, without first obtaining their consent. Any BrainPayroll service/entity wishing to carry out a digital marketing campaign without obtaining prior Consent from the data subject must first have it approved by the Data Protection Officer. Where personal data (e.g. case studies or photographs) processing is approved for digital marketing purposes, the data subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data processed for such purposes. If the data subject puts forward an objection, digital marketing related processing of their personal data must cease immediately, and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted. It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.

3.5 Data Retention

To ensure fair processing, personal data will not be retained by BrainPayroll for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further processed. The length of time for which BrainPayroll services/entities need to retain personal data is set out in BrainPayroll’s ‘Data Retention Policy’. This considers the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All personal data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.

3.6 Data Protection

Each BrainPayroll service/entity will adopt physical, technical, and organisational measures to ensure the security of personal data. This includes the prevention of loss or damage, unauthorised alteration, access or processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment. A summary of the personal data related security measures is provided below:

Prevent unauthorised persons from gaining access to data processing systems in which personal data are processed.
Prevent persons entitled to use a data processing system from accessing personal data beyond their needs and authorisations.
Ensure that personal data in the course of electronic transmission during transport cannot be read, copied, modified or removed without authorisation.
Ensure that access logs are in place to establish whether, and by whom, the personal data was entered into, modified on or removed from a data processing system.
Ensure that in the case where processing is carried out by a Data Processor, the data can be processed only in accordance with the instructions of the Data Controller.
Ensure that personal data is protected against undesired destruction or loss.
Ensure that personal data collected for different purposes can and is processed separately.
Ensure that personal data is not kept longer than necessary

3.7 Data Subject Requests

The Data Protection Officer will establish a system to enable and facilitate the exercise of data subject rights related to:

Information access.
Objection to processing.
Objection to automated decision-making and profiling.
Restriction of processing.
Data portability.
Data rectification.
Data erasure. If an individual makes a request relating to any of the rights listed above

BrainPayroll will consider each such request in accordance with all applicable data protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature. data subjects are entitled to obtain, based upon a request made in writing/email to: [email protected]

It should be noted that situations may arise where providing the information requested by a data subject would disclose personal data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights. Detailed guidance for dealing with requests from data subjects can be found in BrainPayroll’s ‘Data Subject Access Rights Policy and Procedure’ document.

3.8 Law Enforcement Request & Disclosures

In certain circumstances, it is permitted that personal data be shared without the knowledge or consent of a data subject. This is the case where the disclosure of the personal data is necessary for any of the

following purposes:

The prevention or detection of crime.
The apprehension or prosecution of offenders.
The assessment or collection of a tax or duty.
By the order of a court or by any rule of law.

If BrainPayroll service/entity processes personal data for one of these purposes, then it may apply an exception to the processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question. If any BrainPayroll service/entity receives a request from a court or any regulatory or law enforcement authority for information relating to BrainPayroll contact, you must immediately notify the Data Protection Officer who will provide comprehensive guidance and assistance.

3.9 Data Protection Training

All BrainPayroll employees that have access to personal data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, each BrainPayroll service/entity will receive regular Data Protection training and procedural guidance.

3.10 Processor

BrainPayroll services/Entities processing to be carried out on behalf of controller or another data processor. the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.

BrainPayroll shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, BrainPayroll shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes.

Processing by BrainPayroll shall be governed by contract or other legal act under union or member state law, that is binding on the BrainPayroll with regards to the controller and that sets out the subject-matter duration of processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and obligations and right of the controller.

BrainPayroll and any person acting under the authority of the BrainPayroll, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by Union or Member State law.

3.11 Data Transfers

BrainPayroll services/entities may transfer personal data to internal or third-party recipients located in another country where that country is recognised as having an adequate level of legal protection for the rights and freedoms of the relevant data subjects. Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. third countries), they must be made in compliance with an approved transfer mechanism. BrainPayroll services/entities may only transfer personal data where one of the transfer scenarios list below applies:

The data subject has given Consent to the proposed transfer.
The transfer is necessary for the performance of a contract with the data subject
The transfer is necessary for the implementation of pre-contractual measures taken in response to the data subject’s request.
The transfer is necessary for the conclusion or performance of a contract concluded with a third party in the interest of the data subject.
The transfer is legally required on important public interest grounds.
The transfer is necessary for the establishment, exercise or defence of legal claims.
The transfer is necessary in order to protect the vital interests of the data subject
We considers pseudonymisation to be a valid safeguard for international transfers but only to the extent the following conditions are met:
- A data exporter transfers personal data processed in such a manner that the personal data can no longer be attributed to a specific data subject, nor be used to single out the data subject in a larger group without the use of additional information,
- That additional information is held exclusively by the data exporter and kept separately in a Member State or in a third country, by an entity trusted by the exporter in the EEA or under a jurisdiction offering an essentially equivalent level of protection to that guaranteed within the EEA,
- Disclosure or unauthorised use of that additional information is prevented by appropriate technical and organisational safeguards, it is ensured that the data exporter retains sole control of the algorithm or repository that enables re-identification using the additional information, and
- The controller has established by means of a thorough analysis of the data in question - taking into account any information that the public authorities of the recipient country may be expected to possess and use - that the pseudonymised personal data cannot be attributed to an identified or identifiable natural person even if cross-referenced with such information.

3.12 Complaints Handling

Data subjects with a complaint about the processing of their personal data, should put forward the matter in writing to the Data Protection Officer. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The Data Protection Officer will inform the data subject of the progress and the outcome of the complaint within a reasonable period. If the issue cannot be resolved through consultation between the data subject and the Data Protection Officer, then the data subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.

Any individual who suspects that a personal data breach has occurred due to the theft or exposure of personal data must immediately notify the Data Protection Officer providing a description of what occurred. Notification of the incident can be made via e-mail, by calling, or by using the independent Information Commissioner Office (ICO) Data Concern line. The Data Protection Officer will investigate all reported incidents to confirm whether or not a personal data breach has occurred. If a personal data breach is confirmed, the Data Protection Officer will follow the relevant BrainPayroll ‘Data Breach Notification Policy and Procedure’ based on the criticality and quantity of the personal data involved. For severe personal data breaches, BrainPayroll’s Data Privacy Team will initiate and chair an emergency response time to coordinate and manage the personal data breach response.

4. ROLES AND RESPONSIBILITIES

The management team and senior staff of each BrainPayroll service/entity must ensure that all BrainPayroll employees responsible for the processing of personal data are aware of and comply with the contents of this policy. In addition, each BrainPayroll’s service/entity will make sure all third parties engaged to process personal data on their behalf are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all third parties, whether companies or individuals, prior to granting them access to personal data controlled by BrainPayroll.

4.2 Support, Advice and Communication

For advice and support in relation to this policy, please contact to [email protected].

5. Review

This policy will be reviewed by the Data Protection Officer every year, unless there are any changes to regulations or legislation that would enable a review earlier.