Workplace Health and Wellbeing Ltd’s Data Protection Policy applies to the personal data held by the Company, which is protected by the Data Protection Acts 1988 to 2018 and the EU General Data Protection Regulation (GDPR).
The policy applies to all Company staff, the Company Directors, clients of the Company, trainers, users of Company services and applicants for staff positions within the Company insofar as the measures under the policy relate to them. Data will be stored securely, so that confidential information is protected in compliance with relevant legislation. This policy sets out the manner in which personal data will be protected by the Company.
Workplace Health and Wellbeing Ltd operates a “Privacy by Design” method in relation to Data Protection. This means we plan carefully when gathering personal data so that we build in the data protection principles as integral elements of all data operations in advance. We audit the personal data we hold in order to
be able to provide access to individuals to their data
ensure it is held securely
document our data protection procedures
enhance accountability and transparency
In addition to its legal obligations under the broad remit of educational legislation, the Company has a legal responsibility to comply with the Data Protection Acts 1988 to 2018 and the GDPR.
This policy explains what sort of data is collected, why it is collected, for how long it will be stored and with whom it will be shared. The Company takes its responsibilities under data protection law very seriously and wishes to put in place safe practices to safeguard individual’s personal data. It is also recognised that recording factual information accurately and storing it safely facilitates an evaluation of the information, enabling the CEO and Company Directors to make decisions in respect of the efficient running of the Company. The efficient handling of data is also essential to ensure that there is consistency and continuity where there are changes of personnel within the Company and Company Directors.
The Data Protection legislation applies to the keeping and processing of Personal Data. The purpose of this policy is to assist the Company to meet its statutory obligations, to explain those obligations to staff, and to inform staff and clients how their data will be treated.
The policy applies to all staff, the Company Directors, clients, students and others (including applicants for staff positions, coaches/trainers) insofar as the Company handles or processes their Personal Data in the course of their dealings with the Company.
Implementation of this policy takes into account the Company’s other legal obligations and responsibilities. Some of these are directly relevant to data protection. For example:
The Freedom of Information Act 2014 provides a qualified right to access to information held by public bodies which does not necessarily have to be “personal data”, as with data protection legislation.
Under Children First Act 2015, Workplace Health and Wellbeing Ltd has a responsibility to report child welfare concerns to TUSLA- Child and Family Agency (or in the event of an emergency and the unavailability of TUSLA, to An Garda Síochána).
In order to properly understand the Company’s obligations, there are some key terms, which should be understood by all relevant Company staff:
Personal Data means any data relating to an identified or identifiable natural person i.e. a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller (Company Directors)
Data Controller is the Company Directors of the Company
Data Subject - is an individual who is the subject of personal data
Data Processing - performing any operation or set of operations on data, including:
Obtaining, recording or keeping the data,
Collecting, organising, storing, altering or adapting the data
Retrieving, consulting or using the data
Disclosing the data by transmitting, disseminating or otherwise making it available
Aligning, combining, blocking, erasing or destroying the data
Data Processor - a person who processes personal information on behalf of a data controller, but does not include an employee of a data controller who processes such data in the course of their employment, for example, this might mean an employee of an organisation to which the data controller out-sources work. The Data Protection legislation places responsibilities on such entities in relation to their processing of the data. Examples here include:
National support services who use the services of the Company
Special Categories - special categories of Personal Data refers to Personal Data regarding a person’s
racial or ethnic origin
political opinions or religious or philosophical beliefs
physical or mental health
sexual life and sexual orientation
genetic and biometric data
criminal convictions or the alleged commission of an offence
trade union membership
These types of data are not gathered by Workplace Health and Wellbeing Ltd.
Personal Data Breach – 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. This means any compromise or loss of personal data, no matter how or where it occurs.
Data Protection Principles
Workplace Health and Wellbeing Ltd is a data controller of personal data relating to its past, present and future staff, trainers, clients and other members of the education community it serves. As such, the Company Directors is obliged to comply with the principles of data protection set out in the Data Protection Acts 1988 to 2018 and GDPR, which can be summarised as follows:
Obtain and process personal data fairly
Information on clients is gathered with the help of the staff. Information is also sometimes transferred from the support services the Company deals with. The information is generally furnished by the individuals themselves with full and informed consent and compiled during the course of their employment or contact with the Company. All such data is treated in accordance with the Data Protection legislation and the terms of this Data Protection Policy. The information will be obtained and processed fairly.
Workplace Health and Wellbeing Ltd may collect and process various kinds of information about service users. This includes information you provide when they:
Create an account or use our products, content or services.
Complete an online form published on this Website. This may include personal data such as your name, email address, home address, position/occupation, school/employer, telephone number, gender, username, password and date of birth.
Communicate with us by email, social media, letter post or fax.
Contact us by telephone. While we do not record telephone calls we may make and keep a record of information provided during a telephone call.
Participate in a survey (online, by telephone, or face to face).
Submit an information request or query by email or via the Company’s Website.
We may also collect further personal data about you should additional information be required to fulfil your request for products, content or services, deal with your query or give effect to your information request.
Where consent is the basis for provision of personal data, the consent must be a freely-given, specific, informed and unambiguous indication of the data subject’s wishes. Workplace Health and Wellbeing Ltd will require a clear, affirmative action e.g. ticking of a box/signing a document to indicate consent. Consent can be withdrawn by data subjects in these situations.
Keep it only for one or more specified and explicit lawful purposes
The Company will inform individuals of the reasons they collect their data and the uses to which their data will be put. All information is kept with the best interest of the individual in mind at all times.
By and large we use personal data to provide, improve and further develop our products, content and services, to communicate with you, to offer you information about products, content or services that may be of interest to you, and to protect us and our users.
As data controller, Workplace Health and Wellbeing Ltd collects and processes your personal data for the following purposes:
To communicate with you about our products, content and services.
To fulfil orders placed or to effect transactions initiated by you via this Website.
To respond to information requests or queries submitted by you.
To ensure that our Website content is presented effectively for you and for the device you are using to access this Website.
To provide you with information about products, content or services that may be of interest to you, where you have consented to be contacted for such purposes.
for having an up-to-date list of clients, managing and communicating information regarding event bookings, attendance rolls, course and project participants; communicating with schools, teachers, trainers and account users; for accounting for course fees; (e.g. knowing to whom Workplace Health and Wellbeing Ltd has paid grants and expenses, when, and how much has been paid); e-mail addresses and contacts necessary for administering and carrying out Workplace Health and Wellbeing Ltd projects and Company business.
We use technical information to administer our Website, compile Website usage statistics, to monitor Website usage and to help us further develop this Website. We may provide such anonymised aggregate technical information to third parties. Statistics and technical information will not include any personal identifiable information that can be used to identify any individual.
If you do not want us to use your personal data in one or more of the ways mentioned above, please let us know by contacting us at firstname.lastname@example.org
Please be aware that should you decide not to provide your personal data then we may be unable to provide some or all of the products, content or services you might request.
The limited amount of data that Workplace Health and Wellbeing Ltd holds is only used for the following purposes: managing and communicating information regarding event bookings, attendance rolls, course and project participants; communicating with trainers and account users; for accounting for course fees; e-mail addresses and contacts necessary for administering and carrying out Workplace Health and Wellbeing Ltd projects and Company business.
Finally, please note that payments received by Workplace Health and Wellbeing Ltd for course fees are handled by third party banking websites. We ask for client bank account number, sort code and IBAN as part of these processes.
Workplace Health and Wellbeing Ltd does not analyse the cookie information that may be gathered on our website, nor do we sell any information on, nor do we give any information we have to third parties unless legally obliged to do so.
For specific courses or projects operated in collaboration with relevant organisations, such as National support services, the Health & Safety Authority or Arts organisations, the collaborative partner is identifiable at the outset. Workplace Health and Wellbeing Ltd protects the devices such data are stored upon, and is obligated to report to its service users any data breaches perpetrated.
Process it only in ways compatible with the purposes for which it was given initially
Data relating to individuals will only be processed in a manner consistent with the purposes for which it was gathered. Information will only be disclosed on a ‘need to know’ basis, and access to it will be strictly controlled.
Only those with a genuine reason for doing so may gain access to information gathered. Personal Data is securely stored under lock and key in the case of manual records and protected with computer software and password protection in the case of electronically stored data. Portable devices storing personal data (such as laptops) are encrypted and password-protected.
Clients and/or staff should inform the Company of any change which the Company should make to their personal data and/or sensitive personal data to ensure that the individual’s data is accurate, complete and up-to-date. Once informed, the Company will make all necessary changes to the relevant records. Records must not be altered or destroyed without proper authorisation.
Only the necessary amount of information required to provide an adequate service will be gathered and stored.
As a general rule, the information will be kept for the duration of the individual’s involvement with the particular course/project/activity they have signed up to. In the case of members of staff, the school will comply with both DES guidelines and the requirements of the Revenue Commissioners with regard to the retention of records relating to employees. The Company may also retain the data relating to an individual for a longer length of time for the purposes of complying with relevant provisions of law and or/defending a claim under employment legislation and/or contract and/or civil law
Individuals have a right to know and have access to a copy of personal data held about them, by whom, and the purpose for which it is held. If any Workplace Health and Wellbeing Ltd service user would like further clarification on what data are kept on them personally, or, moreover, if any service user would like us to delete/dispose of any information we have on them, you can get in touch with the Company at any time (please note, that Laois Company will process such a request within legal parameters within 30 days).
The Personal Data records held by the Company may include:
1: STAFF RECORDS:
Categories of staff data:
As well as existing members of staff (and former members of staff), these records may also relate to applicants applying for positions within the Company, persons on work placement, coaches/trainers etc. These staff records may include:
Name, address and contact details
Name and contact details of next-of-kin in case of emergency
Original records of application and appointment to promotion posts
Details of approved absences (career breaks, parental leave, study leave, etc.)
Details of work record (qualifications, promotions, etc.)
Details of any accidents/injuries sustained on Company property or in connection with the staff member carrying out their Company duties
Records of any reports the Company (or its employees) have made in respect of the staff member to State departments and/or other agencies under Children First Act 2015
Records of disciplinary issues/investigations and/or sanctions imposed
Psychological/psychiatric and/or medical assessments
Information on previous academic records (including reports, references assessments and other records from any previous organisation(s) attended by the person
Records of significant achievements
Other records e.g. records of any serious accidents etc.
Staff records are kept for the purposes of:
the management and administration of Company business (now and in the future)
to facilitate the payment of staff, and calculate other benefits/entitlements (including reckonable service for the purpose of calculation of pension payments, entitlements and/or redundancy payments where relevant)
to facilitate pension payments in the future
human resources management
recording promotions made (documentation relating to promotions applied for) and changes in responsibilities, etc.
to enable the Company to comply with its obligations as an employer, including the preservation of a safe, efficient working environment (including complying with its responsibilities under the Safety, Health and Welfare at Work Act 2005)
to enable the Company to comply with requirements set down by the Department of Education and Skills, the Revenue Commissioners, the National Council for Special Education, TUSLA, the HSE, and any other governmental, statrainery and/or regulatory departments and/or agencies
for compliance with legislation relevant to the Company
Location and Security procedures of Workplace Health and Wellbeing Ltd:
Manual records are kept under lock and key in a locked and password protected office and are only accessible to personnel who are authorised to use the data. Employees are required to maintain the confidentiality of any data to which they have access.
Digital records are stored on password-protected computers with adequate encryption software.
2: CLIENT/OTHERS’ RECORDS:
Categories of data:
These may include:
Information which may be sought and recorded at registration for courses/projects/activities/purchases and may be collated and compiled during the course of the person’s involvement with these. These records may include:
Name, Address and contact details
Date of birth
Names and addresses of parents/guardians and their contact details (if under 18)
Any relevant special conditions (e.g. access issues, special educational needs, health issues, etc.) which may apply
Photographs and recorded images of clients (including at Company events and noting achievements) are managed in line with the Company’s policy on photography.
Other records e.g. records of any serious injuries/accidents, etc.
The purposes for keeping client records include:
to comply with legislative or administrative requirements
to meet the educational, social, physical and emotional requirements of the client
(Location and Security procedures as above):
3: COMPANY DIRECTORS RECORDS:
Categories of Company Directors data:
Name, address and contact details of each member of the Company Directors (including former members of the Company Directors)
Records in relation to appointments to the Company Directors
Minutes of Company Directors meetings and correspondence to the Committee which may include references to individuals
To enable the Company Directors to operate in accordance with all applicable legislation and to maintain a record of Company Directors appointments and decisions.
(Location and Security procedures as above):
4: OTHER RECORDS: E.G. CREDITORS
Categories of Company Directors data:
The Company may hold some or all of the following information about creditors (some of whom are self-employed individuals):
bank details and
The purposes for keeping creditor records are:
This information is required for routine management and administration of the Company’s financial affairs, including the payment of invoices, the compiling of annual financial accounts and complying with audits and investigations by the Revenue Commissioners.
(Location and Security procedures as above):
Data in this Company will be processed in line with the data subject's rights. Data subjects have a right to:
Know what personal data the Company is keeping on them
Request access to any data held about them by a data controller
Prevent the processing of their data for direct-marketing purposes
Ask to have inaccurate data amended
Ask to have data erased once it is no longer necessary or is irrelevant.
All incidents in which personal data has been put at risk must be reported to the Office of the Data Protection Commissioner within 72 hours.
When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Company Directors must communicate the personal data breach to the data subject without undue delay.
If a data processor becomes aware of a personal data breach, it must bring this to the attention of the data controller (Company Directors) without undue delay.
Individuals are entitled to a copy of their personal data on written request.
The individual is entitled to a copy of their personal data.
Request must be responded to within one month. An extension may be required e.g. over holiday periods.
No fee may be charged except in exceptional circumstances where the requests are repetitive or manifestly unfounded or excessive.
No personal data can be supplied relating to another individual apart from the data subject.
An employee dealing with telephone enquiries should be careful about disclosing any personal information held by the Company over the phone. In particular, the employee should:
Ask that the caller put their request in writing
Refer the request to the Director for assistance in difficult situations
Not feel forced into disclosing personal information
The Company Directors is the data controller and the Director implements the Data Protection Policy, ensuring that staff who handle or have access to Personal Data are familiar with their data protection responsibilities.
The following personnel have responsibility for implementing the Data Protection Policy:
Company Directors: Data Controller
CEO: Implementation of Policy
This policy review and update was ratified at the Company Directors meeting of 20/03/2019.
The implementation of the policy shall be monitored by the CEO, staff and the Company Directors.
The Director shall liaise with staff to ensure compliance and understanding of issues pertaining to GDPR.
On-going review and evaluation will take cognisance of changing information or guidelines (e.g. from the Data Protection Commissioner] legislation and feedback from clients, staff and others. The policy will be revised as necessary in the light of such review and evaluation and within the framework of Company planning.