Data Retention Policy

 

Data Retention Policy

 

1.                          Introduction

This Policy sets out the obligations MissJSews (J. Hensell) regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

This policy does not form part of any employment contract and we may amend it at any time.

The GDPR 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 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 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 addition, the 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:

a)                          Where the personal data is no longer required for the purpose for which it was originally collected or processed;

b)                          When the data subject withdraws their consent;

c)                           When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;

d)                          When the personal data is processed unlawfully (i.e. in breach of the GDPR); or

e)                           When the personal data has to be erased to comply with a legal obligation.

This Policy sets out the type(s) of personal data held by the Company, 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.

2.         Aims and Objectives

The aims of this Policy are (i) to set out limits for the retention of personal data; (ii) to ensure that those limits, as well as further data subject rights to erasure, are complied with; (iii) to ensure that the Company complies fully with its obligations and safeguard the rights of data subjects under the GDPR; and (iv) to improve the speed and efficiency of managing data.

3.         Scope
This Policy applies to all personal data held by the Company which is stored in the following ways and in the following locations:

A)Company’s registered business address at 61 Bridge Street, HR5 3DJ, Kington
b) Company-issued laptops and mobile devices;
c) Physical records stored in a secure location at residence.
d) Third-party platforms such as TikTok and Pinterest, where personal data may be shared for marketing purposes.  a) Shopify's servers, located in Usa and UK Shopify DPA:https://www.shopify.com/legal/dpaShopify subprocessors list:https://www.shopify.com/legal/privacy/subprocessors

4.         Data Disposal

Upon the expiry of the data retention periods set out below in Part 7 of this Policy, 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:

4.1                     Personal data stored electronically (including any and all backups thereof) shall be permanently deleted; and

4.2                     Personal data stored in hardcopy form shall be shredded and securely disposed of.

 

5.         Data Retention

5.1                     As stated above, and as required by law, the Company 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.

5.2                     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.

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

a)                          The objectives and requirements of the Company;

b)                          The type of personal data in question;

c)                           The purpose(s) for which the data in question is collected, held, and processed;

d)                          The Company’s legal basis for collecting, holding, and processing that data; and

e)                           The category or categories of data subject to whom the data relates.

5.4                     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.

5.5                     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 within the Company to do so (whether in response to a request by a data subject or otherwise).

 

 

 

Type of Data	Purpose of Data	Review Period	Retention Period or Criteria	Comments
[DATA TYPE]	[INSERT PURPOSE OF DATA]	[INSERT REVIEW PERIOD]	[INSERT RETENTION PERIOD OF CRITERIA]	[INSERT ADDITIONAL INFORMATION]
Legal contracts			6 years for contracts that are not executed by deed and 12 years for contracts that are executed by deed.
Audited financial statements, tax returns and assessments and banking records			6 years
Records establishing client’s identity for money laundering purposes			5 years
Job applications and interview records of unsuccessful candidates			A short period, perhaps 6 months after notifying unsuccessful candidates (or longer, if there is a clearly communicated policy to keep candidates CVs for future reference).	Application forms should give applicants the opportunity to object to their details being retained.
Personnel and training records			While employment continues and up to six years after employment ceases.
Written particulars of employment, contracts of employment, and changes to terms and conditions			While employment continues and up to six years after employment ceases.
Working time opt-out forms			Two years from the date on which they were entered into.
Annual leave records			Six years or possibly longer if leave can be carried over from year to year.
Payroll and wage records for unincorporated businesses e.g. sole traders and partnerships.			Five years after 31 January following the year of assessment.
Payroll and wage records for companies			Six years from the financial year-end in which payments were made.
PAYE records			Not less than three years after the end of the tax year to which they relate.
Maternity / paternity records			Three years after the end of the tax year in which the maternity pay period ends
Sickness records required for the purposes of Statutory Sick Pay			Three years after the end of the tax year in which payments are made.
Any reportable accident, death or injury in connection with work			For at least three years from the date the report was made.
Consents for the processing of personal and sensitive data.			For as long as the data is being processed and up to 6 years afterwards
Recycle bins
Downloads
Email inbox
Deleted emails
Personal network drive
Local drives and files
Google drives
Dropbox
Call recordings
Prospect data
Live chat history
Metrics data
CRM data
Tender documents
Board minutes
Business expenses
Non-audited financial statements
Customer complaints
Data protection requests
Health & Safety records
Insurance policies
Insurance claims
CCTV recordings