Introduction

This Policy sets out the obligations of Whitehall Resources Limited a company registered in England under number 5999991, whose registered office is at 350 The Crescent, Colchester, Essex, CO4 9AT (“we”, “our” “us,”) regarding retention of personal data collected, held, and processed by us.

UK organisations that process personal data are currently bound by two laws: the General Data Protection Regulation (Regulation (EU) 2016/679) (‘EU GDPR’)  and the UK Data Protection Act 2018 (‘UK DPA’). With Brexit now underway, both laws continue to apply until the end of the transition period (31 December 2020).

The EU GDPR will no longer apply directly in the UK at the end of the transition period. However, UK organisations must still comply with its requirements after this point.

First, the UK DPA enacts the EU GDPR’s requirements in UK law. Second, the UK government has issued a statutory instrument – the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, which amends the UK DPA and merges it with the requirements of the EU GDPR to form a data protection regime that will work in a UK context after Brexit. This new regime will be known as ‘the UK GDPR’.

There is very little material difference between the EU GDPR and the proposed UK GDPRThe EU/UKGDPR defines “personal data” 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.

The EU/UK GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.

Under the EU/UK GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the EU/UK GDPR to protect that data).

In addition, the EU/UK GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:

1. where the personal data is no longer required for the purpose for which it was originally collected or processed;
2. when the data subject withdraws their consent;
3. when the data subject objects to the processing of their personal data and we have no overriding legitimate interest;
4. when the personal data is processed unlawfully (i. in breach of the GDPR);
5. when the personal data has to be erased to comply with a legal obligation; or
6. where the personal data is processed for the provision of information society services to a chil

This Policy sets out the type(s) of personal data held by us, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.

 Aims and Objectives

The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that we comply fully with our obligations and the rights of data subjects under the GDPR.

In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by us, this Policy also aims to improve the speed and efficiency of managing data.

Scope

 This Policy applies to all personal data held by us.

 Personal data, as held by us is stored in the following ways and in the following locations:

1. our servers, located in Colchester;
2. third-party servers, operated by Microsoft and located in EU;
3. mobile devices provided by us to our employees
4. physical records stored in a Secured location at our head office based in Colchester

Data Subject Rights and Data Integrity

All personal data held by us is held in accordance with the requirements of the EU/UK GDPR and data subjects’ rights thereunder, as set out in our Data Protection Policy.

Data subjects are given control over their personal data held by us including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict our use of their personal data, the right to data portability, and further rights relating profiling, as set out in our Data Protection Policy.

Technical and Organisational Data Security Measures

The following technical measures are in place to protect the security of personal data. Please refer to our Data Protection Policy for further details:

1. personal data may only be transmitted over secure networks;
2. personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;
3. personal data must be handled with care at all times and should not be left unattended or on view;
4. computers used to view personal data must always be locked before being left unattended;
5. all personal data stored electronically should be backed up daily with backups stored onsite and offsit All backups should be encrypted;
6. all passwords used to protect personal data should be changed regularly and must be secure;
7. under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method;
8. all software should be kept up-to-date. Security-related updates should be installed as soon  as  reasonably possible after becoming available;
9. no software may be installed on any of our computers or devices without approval; and
10. where personal data held by us is used for marketing purposes, we shall 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.

The following organisational measures are in place to protect the security of personal data. Please refer to our Data Protection Policy for further details:

1. all employees and other parties working on behalf of us shall be made fully aware of both their individual responsibilities and our responsibilities under the EU/UK GDPR and under our Data Protection Policy;
2. only employees and other parties working on behalf of us that need access to, and use of, personal data in order to perform their work shall have access to personal data held by us;
3. all employees and other parties working on behalf of us handling personal data will be appropriately trained to do so;
4. all employees and other parties working on behalf of us handling personal data will be appropriately supervised;
5. all employees and other parties working on behalf of us handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
6. methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
7. the performance of those employees and other parties working on behalf of us handling  personal  data  shall  be  regularly  evaluated  and reviewed;
8. all employees and other parties working on behalf of us handling personal data will be bound by contract to comply with the EU/UK GDPR and our Data Protection Policy;
9. all agents, contractors, or other parties working on behalf of us handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of ours arising out of the EU/UK GDPR and our Data Protection Policy;
10. where any agent, contractor or other party working on behalf of us handling personal data fails in their obligations under the EU/UK GDPR and/or our Data  Protection  Policy,  that  party  shall  indemnify  us and  hold us harmless against any costs, liability, damages, loss, claims or proceedings which may arise out of that fail

 Data Disposal

Upon the expiry of the data retention periods set out below, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:

1. personal data stored electronically (including any and all backups thereof) shall be deleted securely;
2. special category personal data stored electronically (including any and all backups thereof) shall be deleted securely
3. personal data stored in hardcopy form shall be shredded;
4. special category personal data stored in hardcopy form shall be cross shredded

Data Retention

As stated above, and as required by law, we shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.

Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.

When establishing and/or reviewing retention periods, the following shall be taken into account:

1. our objectives and requirements;
2. the type of personal data in question;
3. the purpose(s) for which the data in question is collected, held, and processed;
4. our legal basis for collecting, holding, and processing that data;
5. the category or categories of data subject to whom the data relates;

If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.

Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made to do so (whether in response to a request by a data subject or otherwise).

In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.

Roles and Responsibilities

Any questions regarding this Policy, the retention of personal data, or any other aspect of EU/UK GDPR compliance should be referred to DPO@whitehallresources.com.

Data Ref.	Type of Data	Purpose of Data	Review Period	Retention Period or Criteria	Comments
Candidate	Name   Address Phone number Email CV	To contact     To Skill code   To place in suitable job role	Reviewed 3 months before end of retention period or when candidate is put forward for an interview  or contacted about new roles	72 Months	Personal data will be updated if the data subject is a suitable candidate for available roles and would like to be put forward for the role, we will confirm that the data we hold on them is up to date before they are put forward to the role.   AND whichever comes sooner 3 months before the end of the retention period, we will contact the data subject to inform them that we still have their personal data and for them to confirm that the data we hold is still up to date.
Candidate Placed	Signed Contract   Copy of Utility Bill Copy of Passport Working Visa (if required) Ltd Company Certificate Company Bank details Reviews	to confirm limited company status, prove of residency or has the correct visa to work in the country	On each new placement	72 months from start of employment	When any candidate is placed in permanent or contract role, prove is required that the candidate has the right to work in the country and we have their limited company details and company account information to allow our finance department to make required payments.
Client	Company Name   Contact Name Job Role Phone Number Email Address	to fulfill placement opportunities within the business	Reviewed on each contact to client or with information found on the public domain	Indefinitely
Client PSL	Company Name   Contact Name Job Role Phone Number Email Address Contracts	When a PSL is agreed, contracts are signed and agreed and contracts are saved securely on our internal servers	Reviewed as and when required	Indefinitely