ENGYS Data Protection Policy
This Policy sets out the obligations of ENGYS Ltd., a company registered in England and Wales under number 6936178, whose registered office is at 1 The Green, Richmond, Surrey, TW9 1PL, UK (“the Company”) regarding data protection and the rights of business contacts, customers, employees and partners (“data subjects”) in respect of their personal data under applicable data protection legislation, including but not limited to the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
The obligations set out in this Policy also extend to all the Company’s subsidiaries, namely:
ENGYS GmbH of Goetheplatz 1, 18055 Rostock, Germany. Registered at AG Rostock HRB 11516;
ENGYS Srl a socio unico è una società che ha sede in Strada per Vienna, 9, 34151 TRIESTE (TS), Italia , P.IVA e C.F. 01187810328, Capitale sociale € 10.000 i.v., Reg. Imprese di Trieste n. 01187810328 - Società soggetta alla direzione e coordinamento della ENGYS Ltd;
ENGYS AUST PTY LTD 47 of Camelot Street, Tennyson, QLD 4105, Australia. Registration No. 152942893;
ENGYS LLC of 20 South Sarah Street, Saint Louis, MO 63108, USA. EIN 99-0376458; and
ENGYS Ltda. of Rua Mostardeiro, 777, Sala 1401, CEP 90430-001, Porto Alegre, RS, Brasil. CNPJ 31.187.000/0001-76.
In this Policy, “personal data” is defined as any information relating to an identified or identifiable natural person (a “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.
This Policy sets out the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals regardless of their location.
1. The Data Protection Principles
This Policy aims to ensure compliance with existing data protection legislation. In this context, all personal data must be:
1.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
1.2 Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
1.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
1.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
1.5 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. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the data protection legislation in order to safeguard the rights and freedoms of the data subject.
1.6 Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
2. The Rights of Data Subjects The following rights are applicable to data subjects under this Policy:
2.1 The right to be informed (Part 11).
2.2 The right of access (Part 12);
2.3 The right to rectification (Part 13);
2.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 14);
2.5 The right to restrict processing (Part 15);
2.6 The right to data portability (Part 16);
2.7 The right to object (Part 17); and
2.8 Rights with respect to automated decision-making and profiling (Parts 18 and 19).
3. Lawful, Fair, and Transparent Data Processing
3.1 This Policy seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. In this context, personal data shall be lawful if at least one of the following applies:
3.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes;
3.1.2 The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
3.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;
3.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person;
3.1.5 The 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; or
3.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data.
4. Specified, Explicit, and Legitimate Purposes
4.1 The Company collects and processes the personal data set out in Part 20 of this Policy. This includes:
4.1.1 Personal data collected directly from data subjects; and
4.1.2 Personal data obtained from third parties.
4.2 The Company only collects, processes, and holds personal data for the specific purposes set out in Part 20 of this Policy.
4.3 Data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 11 for more information on keeping data subjects informed.
5. Adequate, Relevant, and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 4, above, and as set out in Part 20, below.
6. Accuracy of Data and Keeping Data Up-to-Date
6.1 The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 13, below.
6.2 The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
7. Data Retention
7.1 The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
7.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
8. Secure Processing
The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 21 to 26 of this Policy.
9. Accountability and Record-Keeping
9.1 The Company has assigned Francisco J. Campos of ENGYS Ltd. as the Data Privacy Manager.
9.2 The Data Privacy Manager shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other data protection-related policies, and with any applicable data protection legislation.
9.3 The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
9.3.1 The name and details of the Company, its Data Privacy Manager, and any applicable third-party data processors;
9.3.2 The purposes for which the Company collects, holds, and processes personal data;
9.3.3 Details of the categories of personal data collected, held, and processed by the Company, and the categories of data subject to which that personal data relates;
9.3.4 Details of any transfers of personal data between countries, including all mechanisms and security safeguards;
9.3.5 Details of how long personal data will be retained by the Company; and
9.3.6 Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
10. Data Protection Impact Assessments
10.1 The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under applicable data protection legislation.
10.2 Data Protection Impact Assessments shall be overseen by the Data Privacy Manager and shall address the following:
10.2.1 The type(s) of personal data that will be collected, held, and processed;
10.2.2 The purpose(s) for which personal data is to be used;
10.2.3 The Company’s objectives;
10.2.4 How personal data is to be used;
10.2.5 The parties (internal and/or external) who are to be consulted;
10.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
10.2.7 Risks posed to data subjects;
10.2.8 Risks posed both within and to the Company; and
10.2.9 Proposed measures to minimise and handle identified risks.
11. Keeping Data Subjects Informed
11.1 The Company shall provide the information set out in Part 11.2 to every data subject:
11.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
11.1.2 Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose: a) if the personal data is used to communicate with the data subject, when the first communication is made; or b) if the personal data is to be transferred to another party, before that transfer is made; or c) as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
11.2 The following information shall be provided:
11.2.1 Details of the Company including, but not limited to, the identity of its Data Privacy Manager;
11.2.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 20 of this Policy) and the legal basis justifying that collection and processing;
11.2.3 Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
11.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
11.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties;
11.2.6 Where the personal data is to be transferred to a third party that is located outside of the data subject's country or territory, details of that transfer, including but not limited to the safeguards in place (see Part 27 of this Policy for further details);
11.2.7 Details of data retention;
11.2.8 Details of the data subject’s rights under applicable privacy data legislation;
11.2.9 Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
11.2.10 Details of the data subject’s right to complain to the “supervisory authority” under applicable data protection legislation;
11.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
11.2.12 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.
12. Data Subject Access
12.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
12.2 Data subjects wishing to make a SAR should contact the Company’s Data Privacy Manager at firstname.lastname@example.org.
12.3 Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.
12.4 All SARs received shall be handled by the Company’s Data Privacy Manager.
12.5 The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
13. Rectification of Personal Data
13.1 Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
13.2 The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
13.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
14. Erasure of Personal Data
14.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
14.1.1 It is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
14.1.2 The data subject wishes to withdraw their consent to the Company holding and processing their personal data;
14.1.3 The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 17 of this Policy for further details concerning the right to object);
14.1.4 The personal data has been processed unlawfully;
14.1.5 The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
14.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
14.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
15. Restriction of Personal Data Processing
15.1 Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
15.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
16. Data Portability
16.1 The Company does not process personal data using automated means. However, to assist data subjects and facilitate the right of data portability, the Company shall make available when possible all applicable personal data to data subjects in CSV format.
16.2 All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the data subject shall be informed.
17. Objections to Personal Data Processing
17.1 Data subjects have the right to object to the Company processing their personal data based on legitimate interests and direct marketing (including profiling).
17.2 Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
17.3 Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing immediately.
18. Automated Decision-Making
The Company does not use personal data in automated decision-making processes.
The Company does not use personal data for profiling purposes.
20. Personal Data Collected, Held, and Processed
The following personal data is collected, held, and processed by the Company for the purpose of sales, marketing, technical support and recruitment:
- Identity Data includes your full name, title, job position, career information, and gender.
- Contact Data includes your home or business address, business name, email address and telephone numbers.
- Financial Data includes your bank account details and payment methods.
- Technical Data includes internet protocol (IP) address, server name, operating system and platform and other technology on the devices you use to access the software provided by the Company.
- Profile Data includes your username and password to access the Company’s online customer portal to download the software provided by the Company.
- Marketing and Communications Data includes your preferences in receiving marketing from the Company and our third parties and your communication preferences.
21. Data Security - Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
21.1 All emails containing personal data must be marked “confidential”;
21.2 Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
21.3 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
21.4 Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
21.5 Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission;
21.6 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient; and
21.7 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
22. Data Security - Storage
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
22.1 All electronic copies of personal data should be stored securely using passwords and, if possible, data encryption;
22.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
22.3 All personal data stored electronically should be backed up regularly with backups stored onsite and, if possible, offsite (using reputable cloud storage providers). All backups should be encrypted if possible;
22.4 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise without the formal written approval from the Company’s Data Privacy Manager and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; and
22.5 No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and any applicable data protection legislation (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken).
23. Data Security - Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of.
24. Data Security - Use of Personal Data
The Company shall ensure that the following measures are taken with respect to the use of personal data:
24.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from the Company’s Data Privacy Manager;
24.2 No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of the Company’s Data Privacy Manager;
24.3 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
24.4 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
24.5 Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Company’s Data Privacy Manager to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.
25. Data Security - IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security:
25.1 All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols;
25.2 Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
25.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The Company’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; and
25.4 No software may be installed on any Company-owned computer or device without the prior approval and formal supervision of the Company’s IT staff.
26. Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
26.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under this Policy, and shall be provided with a copy of this Policy;
26.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
26.3 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
26.4 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
26.5 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
26.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
26.7 All personal data held by the Company shall be reviewed periodically;
26.8 The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
26.9 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of this Policy and any applicable data protection legislation by contract;
26.10 All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and any applicable data protection legislation; and
26.11 Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
27. Transferring Personal Data Between Territories
27.1 The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data between different countries or territories (for example from the European Economic Area ("EEA") to countries outside of the EEA).
27.2 The transfer of personal data to a different country or territory shall take place only if one or more of the following applies:
27.2.1 The transfer is to another country, territory, or one or more specific sectors in that country (or an international organisation), that ensures an adequate level of protection for personal data equivalent to the country of origin where the Data Subject is located;
27.2.2 The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the country of origin where the Data Subject is located; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism; contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
27.2.3 The transfer is made with the informed consent of the relevant data subject(s);
27.2.4 The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);
27.2.5 The transfer is necessary for important public interest reasons;
27.2.6 The transfer is necessary for the conduct of legal claims;
27.2.7 The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
27.2.8 The transfer is made from a register that, under local law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
28. Data Breach Notification
28.1 All personal data breaches must be reported immediately to the Company’s Data Privacy Manager.
28.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Privacy Manager must ensure that the relevant authorities are informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
28.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 28.2) to the rights and freedoms of data subjects, the Data Privacy Manager must ensure that all affected data subjects are informed of the breach directly and without undue delay.
28.4 Data breach notifications shall include the following information:
28.4.1 The categories and approximate number of data subjects concerned;
28.4.2 The categories and approximate number of personal data records concerned;
28.4.3 The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);
28.4.4 The likely consequences of the breach;
28.4.5 Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
29. Implementation of Policy
This Policy shall be deemed effective as of 25 May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.