MIRACL

GDPR Data Protection Policy

This Agreement was last updated on 24th May 2018. 

Introduction

  1. Background to the General Data Protection Regulation ('GDPR')

    The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the "rights and freedoms" of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
  2. Summary information on the data that we collect when providing MIRACL's authentication services
    1. A key philosophy of MIRACL's approach is to store as little personal data as possible on its users.  With that in mind, the only pieces of data that we store on end users are:
      • Email address
      • Geolocation
      • IP address
    2. This data is collected at the time of registration for the service (and Geolocation and IP address at each authentication).
    3. We require these pieces of information in order to provide the service, and therefore do so on a legal / contractual basis.
    4. Our Data Protection Officer can be contacted at privacy@miracl.com
    5. We act as a Data Controller when providing the service, and work with third parties (such as Amazon Web Services and Microsoft Azure) to provide the processing on our behalf.
    6. In most cases, our processing will take place within the European Economic Area, although in some specific, and justifiable cases, some processing may take place in other jurisdictions
    7. All personal data that we hold on a user can be removed from our systems on request to privacy@miracl.com.
  3. Definitions

    Establishment – MIRACL UK Ltd with registered address of 1 Old Street Yard, London, EC1Y 8AF.

    Personal data – any information relating to an identified or identifiable natural person ('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.

    Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

    Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

    Data subject – any living individual who is the subject of personal data held by an organisation.

    Processing – 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.

    Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person's performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.

    Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.

    Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.

    Child – the GDPR defines a child as anyone under the age of 16 years old, although this may be lowered to 13 by Member State law. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.

    Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

    Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

Policy statement

  1. MIRACL UK Ltd ("MIRACL, "we", "us") are committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the "rights and freedoms" of individuals whose information MIRACL collects and processes in accordance with the General Data Protection Regulation (GDPR).
  2. Compliance with the GDPR is described by this policy and other relevant policies along with connected processes and procedures.
  3. The GDPR and this policy apply to all of MIRACL UK Ltd's personal data processing functions, including those performed on customers', clients', employees', suppliers' and partners' personal data, and any other personal data the organisation processes from any source.
  4. MIRACL UK Ltd has established objectives for data protection and privacy.
  5. The Data Protection Officer is responsible for reviewing the register of processing annually in the light of any changes to MIRACL UK Ltd's activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register needs to be available on the supervisory authority's request.
  6. This policy applies to all Employees/Staff and interested parties of MIRACL UK Ltd such as outsourced suppliers. Any breach of the GDPR will be dealt with under MIRACL UK Ltd's disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.
  7. Partners and any third parties working with or for MIRACL UK Ltd, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by MIRACL UK Ltd without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which MIRACL UK Ltd is committed, and which gives MIRACL UK Ltd the right to audit compliance with the agreement.

Responsibilities and roles under the General Data Protection Regulation

  1. MIRACL UK Ltd is a data controller and/or data processor under the GDPR.  In relation to Employees / Staff data, we act as the Data Processor.  When delivering our service to customers, we act as the Data Controller only, and rely on third parties to act as the Data Processor
  2. Top Management and all those in managerial or supervisory roles throughout MIRACL UK Ltd are responsible for developing and encouraging good information handling practices within MIRACL UK Ltd; responsibilities are set out in individual job descriptions.
  3. The Data Protection Officer is responsible for the management of personal data within MIRACL UK Ltd and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
    • development and implementation of the GDPR as required by this policy; and
    • Security and risk management in relation to compliance with the policy.
  4. The Data Protection Officer, who Board of Directors considers to be suitably qualified and experienced, has been appointed to take responsibility for MIRACL UK Ltd's compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that MIRACL UK Ltd complies with the GDPR, as do other manager's in respect of data processing that takes place within their area of responsibility.
  5. The Data Protection Officer has specific responsibilities in respect of procedures such as the Subject Access Request Procedure and are the first point of call for Employees/Staff seeking clarification on any aspect of data protection compliance.
  6. Compliance with data protection legislation is the responsibility of all Employees/Staff of MIRACL UK Ltd who process personal data.
  7. MIRACL UK Ltd's GDPR Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of MIRACL UK Ltd generally.
  8. Employees/Staff of MIRACL UK Ltd are responsible for ensuring that any personal data about them and supplied by them to MIRACL UK Ltd is accurate and up-to-date.

Data protection principles

All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. MIRACL UK Ltd's policies and procedures are designed to ensure compliance with the principles.

  1. Personal data is processed lawfully, fairly and transparently
  2. Personal data is only be collected for specific, explicit and legitimate purposes Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of MIRACL UK Ltd's GDPR register of processing. Our Privacy Policy sets out the relevant procedures.
  3. Personal data is adequate, relevant and limited to what is necessary for processing
    1. The Data Protection Officer is responsible for ensuring that MIRACL UK Ltd does not collect information that is not strictly necessary for the purpose for which it is obtained.
    2. All data collection forms (electronic or paper-based), including data collection requirements in new information systems, include a fair processing statement or link to privacy statement and approved by The Data Protection Officer.
    3. The Data Protection Officer will ensure that, on an annual basis all data collection methods are reviewed to ensure that collected data continues to be adequate, relevant and not excessive.
  4. Personal data is accurate and kept up to date with every effort to erase or rectify without delay
    1. Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
    2. The Data Protection Officer is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.
    3. It is also the responsibility of the data subject to ensure that data held by MIRACL UK Ltd is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.
    4. Employees are required to notify MIRACL UK Ltd of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of MIRACL UK Ltd to ensure that any notification regarding change of circumstances is recorded and acted upon.
    5. The Data Protection Officer is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
    6. On at least an annual basis, The Data Protection Officer will review the retention dates of all the personal data processed by MIRACL UK Ltd, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose. This data will be securely deleted/destroyed.
    7. The Data Protection Officer is responsible for responding to requests for rectification from data subjects within one month (Subject Access Request Procedure. This can be extended to a further two months for complex requests. If MIRACL UK Ltd decides not to comply with the request, The Data Protection Officer must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
    8. The Data Protection Officer is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
  5. Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
    1. Where personal data is retained beyond the processing date, it will be minimized & encrypted in order to protect the identity of the data subject in the event of a data breach.
    2. Personal data will be retained for only as long as it is necessary to provide the service, or for legally required purposes and, once its retention date is passed, it must be securely destroyed as set out in this procedure.
    3. The Data Protection Officer must specifically approve any data retention that exceeds the retention periods defined in retention policy, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.
  6. Personal data must be processed in a manner that ensures the appropriate security The Data Protection Officer will carry out a risk assessment taking into account all the circumstances of MIRACL UK Ltd's controlling or processing operations.
  7. In determining appropriateness, The Data Protection Officer should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on MIRACL UK Ltd itself, and any likely reputational damage including the possible loss of customer trust.

    When assessing appropriate technical measures, The Data Protection Officer will consider the following:
    • Password protection;
    • Automatic locking of idle terminals;
    • Virus checking software and firewalls
    • Role-based access rights including those assigned to temporary staff;
    • Encryption of devices that leave the organisations premises such as laptops;
    • Security of local and wide area networks;
    • Identifying appropriate international security standards relevant to MIRACL UK Ltd.

    When assessing appropriate organisational measures The Data Protection Officer will consider the following:
    • The appropriate training levels throughout MIRACL UK Ltd;
    • Measures that consider the reliability of employees (such as references etc.);
    • The inclusion of data protection in employment contracts
    • Identification of disciplinary action measures for data breaches;
    • Monitoring of staff for compliance with relevant security standards;
    • Physical access controls to electronic and paper based records;
    • Adoption of a clear desk policy;
    • Storing of paper based data in lockable fire-proof cabinets;
    • Restricting the use of portable electronic devices outside of the workplace;
    • Restricting the use of employee's own personal devices being used in the workplace;
    • Adopting clear rules about passwords
    • Making regular backups of personal data and storing the media off-site;
    • The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.

    These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
  8. MIRACL UK Ltd will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.

Data subjects' rights

  1. Data subjects have the following rights regarding data processing, and the data that is recorded about them:
    1. To make subject access requests regarding the nature of information held and to whom it has been disclosed.
    2. To prevent processing likely to cause damage or distress.
    3. To prevent processing for purposes of direct marketing.
    4. To be informed about the mechanics of automated decision-taking process that will significantly affect them.
    5. To not have significant decisions that will affect them taken solely by automated process.
    6. To sue for compensation if they suffer damage by any contravention of the GDPR.
    7. To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.
    8. To request the supervisory authority to assess whether any provision of the GDPR has been contravened.
    9. To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
    10. To object to any automated profiling that is occurring without consent.
  2. MIRACL UK Ltd ensures that data subjects may exercise these rights:
    1. Data subjects may make data access requests as described in Subject Access Request Procedure 2.2 this procedure also describes how MIRACL UK Ltd will ensure that its response to the data access request complies with the requirements of the GDPR.
    2. Data subjects have the right to complain to MIRACL UK Ltd related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled in line with the Complaints Procedure.

Consent

  1. MIRACL UK Ltd understands 'consent' to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject's wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
  2. MIRACL UK Ltd understands 'consent' to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
  3. There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation.
  4. For sensitive data, explicit written consent (Consent Procedure 2.7) of data subjects must be obtained unless an alternative legitimate basis for processing exists.
  5. In most instances, consent to process personal and sensitive data is obtained routinely by MIRACL UK Ltd using standard consent documents e.g. when a new client signs a contract, or during induction for participants on programmes.

Security of data

  1. All Employees/Staff are responsible for ensuring that any personal data that MIRACL UK Ltd holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by MIRACL UK Ltd to receive that information and has entered into a confidentiality agreement.
  2. All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy (9.1.1) All personal data should be treated with the highest security and must be kept:
    • in a lockable room with controlled access; and/or
    • in a locked drawer or filing cabinet; and/or
    • if computerised, password protected in line with corporate requirements in the Access Control Policy (9.1.1); and/or
  3. Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with retention policy.
  4. Personal data may only be deleted or disposed of in line with the Retention of Records Procedure. Manual records that have reached their retention date are to be shredded and disposed of as 'confidential waste'. Hard drives of redundant PCs are to be removed and immediately destroyed as required by 11.2.7 before disposal.

Disclosure of data

  1. MIRACL UK Ltd must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of MIRACL UK Ltd's business.
  2. All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by The Data Protection Officer.

Retention and disposal of data

  1. MIRACL UK Ltd shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
  2. MIRACL UK Ltd may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
  3. The retention period for each category of personal data will be set out in the Retention of Records Procedure (2.3) along with the criteria used to determine this period including any statutory obligations MIRACL UK Ltd has to retain the data.
  4. MIRACL UK Ltd's data retention and data disposal procedures (Storage Removal Procedure (11.2.7) will apply in all cases.
  5. Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby protecting the "rights and freedoms" of data subjects. Any disposal of data will be done in accordance with the secure disposal procedure (11..2.7).

Data transfers

  1. The Personal Data we obtain from Users (including, without limitation, Client Data) may be moved to and stored at a destination within the European Economic Area ("EEA"). Staff members operating within the EEA who work for or on behalf of us may process this information. Such staff members may, among other things, be involved in the processing of payment details, the provision of support services and the delivery of your and your Users' request(s) for us to provide the Service.

    Without limiting the foregoing, you agree that Personal Data we obtain from you and your Users (including, without limitation, Client Data) may be processed by our service providers based in, countries outside of the EEA for the purposes of providing you with the Service. Such countries may not have laws offering the same level of protection for Personal Data as those inside the EEA; however where such transfers of data occur, we will take steps to prevent the transfer of Personal Data without adequate safeguards being put in place and will ensure that your and your Users' Personal Data collected in the EEA and transferred internationally is afforded the same level of protection as it would be inside the EEA. For further information on, or a copy of, the adequate safeguards adopted by us for the international transfer of Personal Data, please email privacy@miracl.com

Information asset register/data inventory

  1. MIRACL UK Ltd has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project. MIRACL UK Ltd's data inventory and data flow determines:
    • business processes that use personal data;
    • source of personal data;
    • volume of data subjects;
    • description of each item of personal data;
    • processing activity;
    • maintains the inventory of data categories of personal data processed;
    • documents the purpose(s) for which each category of personal data is used;
    • recipients, and potential recipients, of the personal data;
    • the role of the MIRACL UK Ltd throughout the data flow;
    • key systems and repositories;
    • any data transfers; and
    • all retention and disposal requirements.
  2. MIRACL UK Ltd is aware of any risks associated with the processing of particular types of personal data.
    1. MIRACL UK Ltd assesses the level of risk to individuals associated with the processing of their personal data. Data protection impact assessments (DPIAs) (DPIA Procedure 2.4 and 4.4) are carried out in relation to the processing of personal data by MIRACL UK Ltd, and in relation to processing undertaken by other organisations on behalf of MIRACL UK Ltd.
    2. MIRACL UK Ltd shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
    3. Where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, MIRACL UK Ltd shall, prior to the processing, carry out a DPIA of the impact of the envisaged processing operations on the protection of personal data. A single DPIA may address a set of similar processing operations that present similar high risks.
    4. Where, as a result of a DPIA it is clear that MIRACL UK Ltd is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether or not MIRACL UK Ltd may proceed must be escalated for review to The Data Protection Officer.
    5. The Data Protection Officer shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority.
    6. Appropriate controls will be selected and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to MIRACL UK Ltd's documented risk acceptance criteria and the requirements of the GDPR.