1. DEFINITION

Consent means any freely given specific and informed indication of his/her wishes by which the Data Subject signifies agreement to Personal Data relating to him/her being processed. Consent may be obtained by a number of methods. These may include clauses in employment contracts, tick/check boxes on letters of engagement and supplier contracts, and click boxes on online forms in which Personal Data are entered. In most European Union countries and Canada, Consent to the Processing of Sensitive Personal Data needs to be clear and unequivocal. This generally means that some form of specific, active Consent is required. This requirement is sometimes found to be less unequivocal beyond the EU and Canada. Data means information which:

• is being processed by means of equipment operating automatically in response to instructions given for that purpose; and/or
• is recorded with the intention that it should be processed by means of such equipment; and/or
• is recorded as part of a Relevant Filing System or with the intention that it should form part of a Relevant Filing System; and/or
• does not fall within any of the above, but forms part of a readily accessible record covering an individual.

Data therefore includes any digital Data by computer or automated equipment, telephone recordings, and any manual information which is part of a Relevant Filing System. Data Controller means a person who (alone or with others) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed. Accuracy will be the Data Controller in most cases. Data Exporter means the Data Controller or Data Processor who transfers the personal data abroad. Data Importer means the Data Controller or Data Processor who agrees to receive from the Data Exporter personal data for further processing in accordance with the terms of this policy and the relevant Data Transfer Agreement. Data Processor means any person, other than an employee of the Data Controller, who processes the Data on behalf of the Data Controller. A company may be a Data Processor if defined as such in a contract with the Data Controller. Data Subject means the person to which Data refers. Data Subjects include clients and web users, individuals on contact /e-mailing lists or marketing databases, employees, contractors and suppliers. Personal Data means Data related to a living individual who can be identified from those Data or from those Data and other information in the possession of, or likely to come into the possession of, a Data Controller or Data Processor. Personal data does not include information that has been anonymised, encoded or otherwise stripped of its identifiers, or information that is publicly available, unless combined with other non-public personal information. Processing covers a wide variety of operations relating to Data, including obtaining, recording or holding the Data or carrying out any operation or set of operations on the Data, including:

• organisation, adaptation, or alteration;
• disclosure by transmission, dissemination, or otherwise; and
• alignment, combination, blocking, erasure, or destruction.

Relevant Filing System means any set of information relating to individuals, whether kept in manual or electronic files, structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible. Therefore any digital Database and/or organised manual files relating to identifiable living individuals fall within the scope of Data Protection laws and regulations, while a Database of pure statistical or financial information (which cannot either directly or indirectly be related to any identifiable living individuals) will not. Sensitive Data means Personal Data containing information as to the Data Subject’s:

• race or ethnic origin;
• religious beliefs or other beliefs of a similar nature;
• political opinions;
• physical or mental health or condition;
• sexual history or orientation;
• trade union membership; and/or
• commission or alleged commission of any offense and any related court proceedings.

Technology includes any means of collecting or Processing Data, including, without limitation, computers and networks, telecommunications systems, video and audio recording devices, biometric devices, closed circuit television and the like.

2. PURPOSE

This policy defines the requirements for compliance with the laws and regulations applicable to Accuracy’s collection, use, Processing, and transfer of Personal Data throughout the world.

3. SCOPE

• Accuracy is committed to complying with the applicable Data Privacy and Protection requirements in the countries in which it operates. Because of differences between these jurisdictions, Accuracy has adopted a Data Protection policy which creates a common core of values, policies and procedures intended to achieve generic compliance, supplemented (where applicable) with additional instructions and guidance applicable in those jurisdictions with unique requirements.
• This policy is based on the General Data Protection Regulation (GDPR) within EU Regulation 2016/679 which provides a robust generic model for global Data Protection and privacy compliance. The GDPR has been incorporated within each jurisdiction’s data protection legislation. Accuracy has also established an Intra Group Data Transfer Agreement (IGDTA) based on the recognised EU Model Clauses, to be authorised for worldwide transfer, and subsequent sub-Processing, of Data throughout its entire global network of group companies.
• This Policy applies to Accuracy’s full-time and part-time employees, agency employees, and all suppliers and clients who receive Personal Data from Accuracy, have access to Personal Data collected or processed by Accuracy, or who provide information to Accuracy, regardless of geographic location.
• As a policy commitment, Accuracy will not process Personal Data without notification to the Data Protection authorities in any jurisdiction which requires such notification. To ensure compliance with the regulations, Accuracy will correctly establish its status for all Data Processing as either a Data Controller, or Data Processor acting for another Data Controller.

4. GROUP COMPLIANCE

• Accuracy’s data compliance programme will be overseen by the Head of Group Compliance (HGC) assisted by locally appointed compliance staff and internal auditors, as applicable. Responsibilities may be delegated by the HGC.
• The HGC will implement Accuracy’s international Data Protection procedures and IGDTA, as well as any duties required by applicable law, including:
  • determining whether notification to one or more Data Protection authorities is required as a result of Accuracy’s Data Processing activities, then making any required notifications, and keeping such notifications current;
  • designing and implementing ongoing programmes for training employees in Data Protection rules and procedures;
  • establishing (with the involvement of the IT department) procedures and standard contractual provisions for obtaining compliance with this Policy by Accuracy, clients, suppliers and third parties who receive Personal Data from Accuracy, have access to Personal Data collected or processed by Accuracy, or who provide information to Accuracy, regardless of geographic location;
  • establishing mechanisms for periodic audits of compliance with this policy, implementing procedures and applicable law;
  • establishing, maintaining, and operating a system for prompt and appropriate responses to Data Subject requests to exercise their rights;
  • establishing, maintaining, and operating a system for the practicably prompt and appropriate disclosure to the relevant authorities and Data Subjects of any loss of Personal Data;
  • informing senior managers, directors and partners of Accuracy of the potential corporate and personal civil and criminal penalties which may be imposed on Accuracy and/or its employees for violation of applicable Data Protection laws;
  • ensuring that the risk management plans in relation to Data Protection are implemented effectively and promptly;
  • ensuring that adequate assurance regarding the effectiveness of Data Protection procedures and audits is provided to the Partners and other stakeholders.

5. DATA PROTECTION PRINCIPLES

• Accuracy has adopted the following principles to govern its use, collection, and transmittal of Personal Data, except as specifically provided by this Policy or as required by applicable laws:
  • Personal Data shall only be processed fairly and lawfully;
  • Personal Data shall be obtained only for specified, explicit, lawful, and legitimate purposes, and shall not be further processed in any manner incompatible with those purposes;
  • Accuracy shall make reasonable efforts to ensure that Personal Data shall be adequate, relevant and not excessive in relation to the purposes for which they are collected and/or processed;
  • Personal Data shall not be collected or processed unless one or more of the following apply:
    • The Data Subject has provided Consent;
    • Processing is reasonably necessary for the performance of a contract directly with the Data Subject, or to which the Data Subject is an employee of a party;
    • Processing is necessary for compliance with an Accuracy legal obligation;
    • Processing is necessary in order to protect the vital interests of the Data Subject;
    • Processing is necessary for the legitimate interests of Accuracy or by the third party or parties to whom the Data is disclosed, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject.
    • Appropriate physical, technical, and procedural measures shall be taken to:
      • prevent and/or to identify unauthorised or unlawful Processing of Personal Data; and
      • prevent accidental loss or destruction of, or damage to, Personal Data.

6. TRANSFERS TO THIRD PARTIES

• Personal Data shall not be transferred to another entity, country or territory, unless reasonable and appropriate steps have been taken to establish and maintain the required level of Data Security.
• Personal Data may be communicated to third persons only for reasons consistent with the purposes for which the Data were originally collected or other purposes authorised by law.
• All transfers of Personal Data to third parties for further Processing shall be subject to written agreements, or under Accuracy’s IGDTA for internal Data transfers.
• EU Personal Data shall not be transferred to a country or territory outside the European Economic Area (EEA) unless the transfer is made to a country or territory recognised by the EU as having an adequate level of Data Security to which Accuracy is registered.
• Subject to the provisions of the above, Personal Data may be transferred where any of the following apply:
  • The Data Subject has given Consent to the proposed transfer;
  • The transfer is necessary for the performance of a contract between the Data Subject (personally or via his employing company as an Accuracy client) and Accuracy;
  • The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the Data Subject between Accuracy and a Third Party;
  • The transfer is necessary or legally required on important public interest grounds, or for the establishment, exercise, or defence of legal claims;
  • The transfer is required by law;
  • The transfer is necessary in order to protect the vital interests of the Data Subject.

7. PREVENTION OF NON-COMPLYING IT SYSTEMS

• The Company’s Chief Technology Officer (CTO) shall establish a procedure for assessing the impact of any new or existing Technology on the privacy and security of Personal Data.
• No new system or new version of an existing system shall be made available for use until the HGC has obtained written confirmation from the CTO there would be no breach of any Data Protection of other legal requirements or regulation.

8. SOURCES OF PERSONAL DATA

• Personal Data shall be collected only from the Data Subject unless the nature of the business purpose necessitates collection of the Data from other persons or bodies.
• If Personal Data are collected from someone other than the Data Subject, the business unit collecting the Data must have confirmation, in writing, from the supplier of the Data that the Data Subject has provided Consent to the transfer to Accuracy.

9. DATA SUBJECT RIGHTS

• Data Subjects shall be entitled to obtain the information about their own Personal Data upon a request made in writing to the HGC who will establish a system for logging each request under this Section as it is received and noting the response date.
• The Company shall provide its response to a request as set out above within 40 days from the date of the written request, or within a shorter timescale if required by any country legislation.
• Data Subjects shall have the right to require Accuracy to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.
• Accuracy may establish reasonable fees to cover the cost of responding to requests from non-employee Data Subjects.

10. SENSITIVE DATA

• Sensitive Personal Data should not be processed unless:
  • such Processing is specifically authorised or required by law;
  • the Data Subject expressly and unambiguously Consents;
• Where the Data Subject is physically or legally incapable of giving Consent, but the Processing is necessary to protect a vital interest of the Data Subject, this exemption may apply, for example, where emergency medical care is needed.
• Data relating to criminal offences may be processed only by or under the control of the HGC.

11. DATA QUALITY ASSURANCE

• Personal Data must be kept only for the period necessary for permitted uses. Accuracy has established local Record Retention Policies which determine applicable timescales for Data deletion.
• Personal Data shall be deleted if their storage violates any Data Protection rules or if knowledge of the Data is no longer required by Accuracy, or at the request of the Data Subject.

12. INTRA-GROUP PROCESSING

• Where Accuracy relies on another group company to assist in its Processing activities, it will enter into a Data Transfer Agreement based upon the EU Model Clauses with that other group company in order to ensure that responsibility for the data is clearly identified, as both parties may be considered as Data Controllers.
• The group companies involved in the Processing shall be known as a Data Exporter and a Data Importer respectively, although there may be more than one Data Importer involved in the Processing.

13. THIRD-PARTY PROCESSORS

Similarly where Accuracy relies on third parties to assist in its Processing activities, Accuracy will choose a Data Processor which provides sufficient security measures and take reasonable steps to ensure compliance with those measures.

14. WRITTEN CONTRACTS FOR THIRD-PARTY PROCESSORS

Therefore, Accuracy shall enter into a written contract with each Data Processor requiring it to comply with Data privacy and security requirements imposed on Accuracy under local legislation.

15. AUDITS OF THIRD-PARTY DATA PROCESSORS

As part of Accuracy’s internal Data auditing process, it shall conduct periodic checks on processing by third-party Data Processors, and in particular relating to the hand-off procedures for the Data especially in respect of security measures.

16. NOTICE TO PARTNERS, DIRECTORS, SENIOR MANAGERS, AND OFFICERS OF POTENTIAL SANCTIONS FOR NON-COMPLIANCE

• The HGC shall notify partners, directors and senior managers of Accuracy that:
  • failure to comply with relevant Data Protection legislation may trigger criminal and civil liability, including fines, imprisonment, and damage awards; and
  • they can be personally liable where an offence is committed by Accuracy with their Consent or connivance, or is attributable to any neglect on their part.

17. DATA SECURITY

• Accuracy has a Data Security Management policy, under which it shall adopt physical, technical, and organisational measures to ensure the security of Personal Data, including the prevention of their alteration, loss, damage, unauthorised Processing or access, having regard to the nature of the Data, and the risks to which they are exposed by virtue of human action or the physical or natural environment. These measures will be documented within the Data Security Policy, which will be reviewed at least annually, or when necessary to reflect significant changes to security arrangements.
• Adequate security measures should include all of the following:
  • Preventing unauthorised persons from gaining access to Data Processing systems in which Personal Data are processed;
  • Preventing persons entitled to use a Data Processing system from accessing Data beyond their needs and authorisations;
  • Ensuring that Personal Data in the course of electronic transmission during transport or during storage on a Data carrier cannot be read, copied, modified or removed without authorisation;
  • Taking all reasonable measures to ensure that Personal Data are protected against undesired destruction or loss;
  • Taking all reasonable measures to ensure that Data collected for different purposes can and will be processed separately;
  • Taking all reasonable measures to ensure that Data are not kept longer than stipulated in the Data Retention Policy, including by requiring that Data transferred to third persons be returned or destroyed.

18. COMPLIANCE MEASUREMENT

• The HGC shall establish a schedule for and implement a Data Protection compliance audit for all business units. The HGC, in cooperation with the business units, shall devise a plan and schedule for correcting any identified deficiencies within a fixed, reasonable time.
• Each Company business unit shall review annually its Data collection, Processing, and security practices and shall determine what Personal Data the business unit is collecting including that held in manual systems that constitute “Relevant Filing Systems”.
• The information collected in this annual review shall be delivered to the HGC for review and appropriate action including, without limitation:
  • making recommendations for improvement to policies and procedures in order to improve compliance with this Policy and applicable law;
  • satisfying the requirements for self-certifying compliance within local Data Protection Authorities, and compliance with Accuracy’s own IGDTA;
• This policy shall be available to employees through Accuracy’s Intranet, and an abridged public version shall be made available to others via the Accuracy Companies’ website.
• The HGC, in cooperation with the business units, will develop a timeline and programme for implementing this policy.
• This policy may be revised at any time but at least annually by the HGC. Notice of significant revisions shall be provided to employees through Accuracy’s Intranet and to others via the Accuracy Companies’ website.