Data Protection Policy

including Binding Corporate Rules 

A) INTRODUCTION

We may have to collect and use information about people with whom we work.  This personal information must be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means.

We regard the lawful and correct treatment of personal information as very important to our successful operation and to maintaining confidence between us and those with whom we carry out business.  We will ensure that we treat personal information lawfully and correctly.

To this end we fully endorse and adhere to the principles of the UK General Data Protection Regulation (UK GDPR).

This policy applies to the processing of personal data in manual and electronic records kept by us in connection with our human resources function as described below. It also covers our response to any data breach and other rights under the UK GDPR.

This policy applies to the personal data of job applicants, existing and former employees, apprentices, volunteers, placement students, workers and self-employed contractors. These are referred to in this policy as relevant individuals.

B) DEFINITIONS

“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data. 

“Special categories of personal data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).

“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.

“Data processing” is 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.

C) DATA PROTECTION PRINCIPLES

Under UK GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

    1. processing will be fair, lawful and transparent 
    2. data be collected for specific, explicit, and legitimate purposes
    3. data collected will be adequate, relevant and limited to what is necessary for the purposes of processing
    4. data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
    5. data is not kept for longer than is necessary for its given purpose
    6. data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
    7. we will comply with the relevant UK GDPR procedures for international transferring of personal data

D) TYPES OF DATA HELD

We keep several categories of personal data on our employees in order to carry out effective and efficient processes. We keep this data in a personnel file relating to each employee and we also hold the data within our computer systems, for example, our holiday booking system.

Specifically, we hold the following types of data:

  1. personal details such as name, address, phone numbers
  2. information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter, references from former employers, details on your education and employment history etc
  3. details relating to pay administration such as National Insurance numbers, bank account details and tax codes
  4. medical or health information 
  5. information relating to your employment with us, including:
    1. job title and job descriptions
    2. your salary 
    3. your wider terms and conditions of employment
    4. details of formal and informal proceedings involving you such as letters of concern, disciplinary and grievance proceedings, your annual leave records, appraisal and performance information
    5. internal and external training modules undertaken

All of the above information is required for our processing activities. More information on those processing activities are included in our privacy notice for employees, which is available from your manager.

E) EMPLOYEE RIGHTS 

You have the following rights in relation to the personal data we hold on you:

    1. the right to be informed about the data we hold on you and what we do with it;
    2. the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”;
    3. the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
    4. the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
    5. the right to restrict the processing of the data; 
    6. the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
    7. the right to object to the inclusion of any information;
    8. the right to regulate any automated decision-making and profiling of personal data.

More information can be found on each of these rights in our separate policy on employee rights under UK GDPR.

F) RESPONSIBILITIES

In order to protect the personal data of relevant individuals, those within our business who must process data as part of their role have been made aware of our policies on data protection.

We have also appointed employees with responsibility for reviewing and auditing our data protection systems.

G) LAWFUL BASES OF PROCESSING

We acknowledge that processing may be only be carried out where a lawful basis for that processing exists and we have assigned a lawful basis against each processing activity.

Where no other lawful basis applies, we may seek to rely on the employee’s consent in order to process data. 

However, we recognise the high standard attached to its use. We understand that consent must be freely given, specific, informed and unambiguous. Where consent is to be sought, we will do so on a specific and individual basis where appropriate. Employees will be given clear instructions on the desired processing activity, informed of the consequences of their consent and of their clear right to withdraw consent at any time.

H) ACCESS TO DATA

As stated above, employees have a right to access the personal data that we hold on them. To exercise this right, employees should make a Subject Access Request. We will comply with the request without delay, and within one month unless, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit. 

No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request. In these circumstances, a reasonable charge will be applied.

Further information on making a subject access request is contained in our Subject Access Request policy.

I) DATA DISCLOSURES

The Company may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include: 

    1. any employee benefits operated by third parties; 
    2. disabled individuals – whether any reasonable adjustments are required to assist them at work;
    3. individuals’ health data – to comply with health and safety or occupational health obligations towards the employee; 
    4. for Statutory Sick Pay purposes;
    5. HR management and administration – to consider how an individual’s health affects his or her ability to do their job; 
    6. the smooth operation of any employee insurance policies or pension plans;
    7. to assist law enforcement or a relevant authority to prevent or detect crime or prosecute offenders or to assess or collect any tax or duty.

These kinds of disclosures will only be made when strictly necessary for the purpose. 

J) DATA SECURITY 

All our employees are aware that hard copy personal information should be kept in a locked filing cabinet, drawer, or safe.  

Employees are aware of their roles and responsibilities when their role involves the processing of data.  All employees are instructed to store files or written information of a confidential nature in a secure manner so that are only accessed by people who have a need and a right to access them and to ensure that screen locks are implemented on all PCs, laptops etc when unattended. No files or written information of a confidential nature are to be left where they can be read by unauthorised people.

Where data is computerised, it should be coded, encrypted or password protected both on a local hard drive and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.

Employees must always use the passwords provided to access the computer system and not abuse them by passing them on to people who should not have them.

Personal data relating to employees should not be kept or transported on laptops, USB sticks, or similar devices, unless prior authorisation has been received. Where personal data is recorded on any such device it should be protected by: 

    1. ensuring that data is recorded on such devices only where absolutely necessary.
    2. using an encrypted system — a folder should be created to store the files that need extra protection and all files created or moved to this folder should be automatically encrypted.
    3. ensuring that laptops or USB drives are not left where they can be stolen.

Failure to follow the Company’s rules on data security may be dealt with via the Company’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.

K) THIRD PARTY PROCESSING

Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes such measures in order to maintain the Company’s commitment to protecting data. 

L) INTERNATIONAL DATA TRANSFERS

The Company may be required to transfer personal data to a country/countries outside of the UK. Transfers may take place because our within our group of companies is a subsidiary in Mumbai and we use a centralised HR Platform.

To ensure that personal data receives an adequate level of protection and is treated by those third parties in a way that is consistent with and which respects UK law on data protection we have put in place binding corporate rules within our group, a copy of which is attached to this policy.  If you require further information about this protective measures, you can request it from our data privacy manager.

M) REQUIREMENT TO NOTIFY BREACHES

All data breaches will be recorded on our Data Breach Register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery. In addition, where legally required, we will inform the individual whose data was subject to breach.

More information on breach notification is available in our Breach Notification policy.

N) TRAINING

New employees must read and understand the policies on data protection as part of their induction. 

All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.

The nominated data controller/auditors/protection officers for the Company are trained appropriately in their roles under the GDPR.

All employees who need to use the computer system are trained to protect individuals’ private data, to ensure data security, and to understand the consequences to them as individuals and the Company of any potential lapses and breaches of the Company’s policies and procedures.

O) RECORDS

The Company keeps records of its processing activities including the purpose for the processing and retention periods in its HR Data Record. These records will be kept up to date so that they reflect current processing activities.

P) DATA PROTECTION COMPLIANCE

Our appointed data privacy manager in respect of our data protection activities is: Jack Beaumont (jack.Beaumont@cloudenergysoftware.com).

Binding Corporate Rules

A) Scope 

The purpose of these binding corporate rules (Rules) is to set out a framework to ensure an adequate level of protection for all personal data that is transferred from Cloud Energy affiliates within the UK to Cloud Energy affiliates outside the UK. These Rules will apply globally and in all cases where Cloud Energy processes personal data both by automatic means and manually, and whether the personal data relates to our employees, contractors, business contacts, customers or third parties. All members of the Cloud Energy group must comply with these Rules. 

Cloud Energy group will always comply with any applicable data protection legislation and will ensure that collection and use of personal data is carried out in accordance with applicable data protection laws. Where there are no such data protection laws or the relevant data protection laws do not meet the standards set out in these Rules, Cloud Energy group will process personal data in compliance with these Rules. 

Cloud Energy Software Limited is responsible for ensuring compliance by the Cloud Energy group with these Rules. Individuals can enforce these Rules against Cloud Energy Software Limited as a third-party beneficiary as described below. 

In these Rules the terms “personal data”, “special categories of personal data”, “processing”, “data controller”, “data processor” and “data subject” shall have the meanings set out in the retained UK law version of the General Data Protection Regulation ((EU)2016/679) (UK GDPR) and the Data Protection Act 2018. In these Rules, “you” and “your” means any individual whose personal data we process and “we”, “us” and “our” means Cloud Energy group. 

B) Fair, Lawful and Transparent Processing

We will process your personal data fairly and lawfully and in a transparent manner in compliance with our obligations under the UK GDPR. We will only process personal data for purposes that we identify and make you aware of through our Privacy Policy. We will provide such information when the personal data is obtained or, if not practicable to do so at the time of collection of the personal data, as soon as possible thereafter, unless there is a legitimate reason for not doing so (for example, where it is necessary to safeguard national security, the prevention or detection of crime, legal proceedings, tax purposes or where otherwise permitted by law).

Our Privacy Policy explains the types of personal data and special categories of personal data that we process, how personal data and special categories of personal data will be processed, the purposes for which personal data and special categories of personal data is intended to be processed, the legal grounds for processing that data, which companies within the Cloud Energy group are responsible for that processing and the contact details of the Data Privacy Manager. We will also explain who we share your personal data and special categories of data with, as well as what countries outside of the UK your personal data may be transferred to and the safeguards in place to protect it. A copy of our Privacy Policy can be found on Cloud Energy website. You may also request a copy of our Privacy Policy from Cloud Energy whose contact details are set out below.

C) Purpose limitation

If we want to process your personal data for a purpose other than the purpose for which it was originally collected, we will make you aware of such a change unless there is a legitimate reason for not doing so (as described above). In certain instances, we will need to obtain your consent to any such new purposes. 

D) Accuracy 

We will keep personal data accurate and, where necessary, up to date and we actively encourage individuals to inform us when personal data changes. We will take reasonable steps to ensure inaccurate personal data is erased or rectified without delay.

E) Data Minimisation

We will only keep your personal data that is adequate, relevant, and limited to what is necessary to properly fulfil the purpose for which that personal data is processed.

F) Limited Storage Periods

We will only keep your personal data for as long as is necessary for the purpose or purposes for which that personal data is processed.

G) Processing of Special Categories of Personal Data

We will only process your special categories of personal data (personal data relating to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health and sex life or sexual orientation) if it is absolutely necessary and where we have obtained your express consent which must be genuine and freely given (unless there is another legitimate basis for processing without your consent). Further information about how we process special categories of personal data will be set out in our Privacy Policy.

H) Availability 

These Rules will be made available on Cloud Energy website. You may also request a copy of these Rules from the address set out below. 

I) Individual’s Rights

You are entitled to make a data subject access request to:

  1. be informed of whether we hold and process personal data about you;
  2. be provided with a description of any personal data that we hold about you, the purposes for which any such personal data are being held, the recipients or classes or recipients to whom the information is, or may be, disclosed (including any recipients in countries outside of the UK), and the criteria used to determine how long your personal data will be stored; 
  3. be provided with any available information as to the source of your data where your data was not collected directly from you;
  4. if we transfer personal data to a country outside of the UK, we will inform you of the safeguards we have in place to protect your personal data; and
  5. a copy of the personal data held by us, in an intelligible form. We may ask you for any information that we reasonably require to confirm the identity of the person making the request and for us to locate the relevant information to which the data subject access request relates. 

You have the right to request correction or erasure of personal data, restrict or object to certain types of personal data processing. You also have a right to data portability. 

We will correct or restrict personal data without undue delay. We will erase personal data without undue delay (unless an exception applies which allows us to continue processing your personal data).

You can exercise these rights free of charge and at any time. 

You also have the right to object (opt out), free of charge and on request, to the use of your personal data for direct marketing purposes and we will honour all such requests. In addition, we will take all necessary steps to prevent marketing materials being sent to individuals that have opted out of receiving such messages. 

Any requests under this section should be sent to the Data Privacy Manager at jack.Beaumont@cloudenergysoftware.com.

J) Automated Individual Decision-making, including Profiling

We will not make any decision that would significantly affect you based solely on processing by automated means, including profiling, unless permitted by law and where we have taken measures to protect your legitimate interests.  

If decisions are made by automated means, you have the right to know the logic involved in that decision making, as well as the significance and envisaged consequences of that processing.

K) Security

We will take appropriate technical and organisational measures to protect personal data against accidental loss, destruction or damage or unauthorised or unlawful processing (including taking reasonable steps to ensure the reliability of employees who have access to personal data). Our employees may only process your personal data in accordance with these Rules, and any employees who breach these Rules may be subject to disciplinary action, up to and including dismissal. 

L) Data Processors that are Members of the Cloud Energy Group

If a Cloud Energy affiliate processes personal data on behalf of another, the Cloud Energy affiliate carrying out the processing must act in compliance with contractual commitments to act only on the written instructions of the Cloud Energy affiliate on whose behalf the processing is being conducted and ensure that the Cloud Energy affiliate carrying out the processing has in place appropriate technical and organisational security measures to safeguard the personal data.

 The Cloud Energy affiliate processing personal data on behalf of another will notify any personal data breaches to the Data Privacy Manager and data subjects (if appropriate), without undue delay.

M) Third-Party Processors and International Transfer

If we use a third-party processor to process personal data on our behalf, we will obtain contractual commitments to safeguard the security of the personal data to ensure that the third party only acts on our instructions when using that personal data and that the third party has in place appropriate technical and organisational security measures to safeguard the personal data. 

We will not transfer personal data to third parties outside of the Cloud Energy group without ensuring an adequate level of protection for the personal data, for example ensuring that standard contractual clauses are in place with any third-party processor and/or controller to ensure an adequate level of protection of the personal data transferred.

N) Training

We will provide appropriate training to our employees who have permanent or regular access to personal data, who are involved in the collection of personal data or in the development of tools used to process personal data to ensure they are aware of their obligations under these Rules. 

O) Audit

Our internal audit function (or an external auditor appointed by us) shall conduct an audit at least annually to evaluate and report on all aspects of Cloud Energy’s compliance with these Rules. 

The results of the audit will be reported by our internal audit function, or an external auditor (as appropriate), to the Data Privacy Manager, who will ensure that any corrective action takes place as soon as reasonably practicable. If requested by the Information Commissioner’s Office, our internal audit function will also provide a copy of the results of the audit to the Information Commissioner’s Office (subject to applicable laws and respect for any confidential, privileged or commercially sensitive information provided).

 We agree that the Information Commissioner’s Office may conduct audits of the relevant Cloud Energy affiliate for the purposes of demonstrating the Cloud Energy affiliate’s compliance with these Rules and the relevant Cloud Energy affiliate shall comply with any directions issued by the Information Commissioner’s Office. 

P) Compliance

The Data Privacy Manager is responsible for overseeing all privacy and data protection issues, including ensuring compliance with all aspects of these Rules and reporting compliance to senior management. 

Q) Actions in case of National Legislation preventing Compliance with the Rules

Where we have reason to believe that legislation applicable to us prevents us from fulfilling our obligations under these Rules or has a substantial effect on the guarantees provided by these Rules, we will promptly inform the Data Privacy Manager (unless otherwise prohibited by a law enforcement authority). 

We will ensure that where there is a conflict between national law and these Rules, the Data Privacy Manager will make a responsible decision regarding what action to take and will consult with the Information Commissioner’s Office in case of doubt. 

R) Complaint Handling

Any complaints shall be forwarded to our Data Privacy Manager who will investigate any complaints received from data subjects regarding our compliance with these Rules or if the data subject claims to have suffered any loss because of an alleged breach of these Rules. 

Individuals can bring complaints by contacting the Data Privacy Manager at jack.Beaumont@cloudenergysoftware.com. 

The Data Privacy Manager will deal with all complaints arising under these Rules. The Data Privacy Manager will liaise with colleagues from relevant business and support departments as necessary to deal with the complaint. 

Except in the case of exceptional circumstances, the Data Privacy Manager will acknowledge receipt of a complaint to the individual within five working days and shall provide a substantive response to the individual within one month. 

If, due to the complexity of the complaint, the Data Privacy Manager cannot provide a substantive response within one month, the Data Privacy Manager will notify the individual, provide an explanation for the delay and provide a reasonable estimate (not exceeding six months) of the timeframe within which a response will be provided. 

Individuals whose personal data is collected or used in accordance with UK data protection laws have rights under these Rules to complain to the Information Commissioner’s Office or to make a claim in a UK court of competent jurisdiction if they are not satisfied with the way in which their complaint has been resolved. Any such individual entitled to benefit from such rights will be notified of the same as part of the complaints handling procedure. 

S) Third Party Beneficiary Rights and Enforcement

All affiliates within the Cloud Energy group must comply with these Rules. Any data subjects (for example, employees, contractors, business contacts, customers and other third parties) whose personal data are used or collected in the UK and transferred to Cloud Energy affiliates outside of the UK shall have the right to enforce these Rules as a third-party beneficiary and shall have the right to seek compensation for damage suffered as a result of breach of the Rules, including, but not limited to, a judicial award of compensation for damage suffered by the individual as a result of breach of these Rules. Any such claims can be brought by the data subject before the Information Commissioner’s Office. Data subjects may also bring a claim before a competent court in the UK. 

In the event of a claim by a data subject that he/she has suffered damage and has established that such damage occurred because of a breach of these Rules, the burden of proof to show that the damages suffered by the data subject due to a breach of the Rules are not attributable to relevant Cloud Energy affiliate will rest with Cloud Energy Software Limited. 

T) Co-operation with the Information Commissioner’s Office

We will abide by any formal decision of the Information Commissioner’s Office on any issues regarding the interpretation of these Rules, provided that such decision is final and no further appeal is possible.

We will provide copies of the results of any audit carried out in relation to these Rules to the Information Commissioner’s Office upon request, subject to applicable laws and respect for any confidential, privileged or commercially sensitive information provided. 

U) Updates of the Rules

We will communicate any substantive changes to these Rules to the affected Cloud Energy affiliates and to the data subjects who benefit from these Rules. 

Effective Date: 26 October 2021