ChannelGrabber Limited (“ChannelGrabber”) is committed to conducting its business in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct. This policy sets forth the expected behaviours of ChannelGrabber Employees and Third Parties in relation to the collection, use, retention, transfer, disclosure and destruction of any Personal Data belonging to a ChannelGrabber Contact (i.e. the Data Subject).
Personal Data is any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person. Personal Data is subject to certain legal safeguards and other regulations, which impose restrictions on how organisations may process Personal Data. An organisation that handles Personal Data and makes decisions about its use is known as a Data Controller. ChannelGrabber, as a Data
Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy. Non-compliance may expose ChannelGrabber to complaints, regulatory action, fines and/or reputational damage.
ChannelGrabber’s leadership is fully committed to ensuring continued and effective implementation of this policy, and expects all ChannelGrabber Employees and Third Parties to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.
This policy has been approved by ChannelGrabber’s Chief Executive Officer, Michael Morgan.
This policy applies to all Processing of Personal Data in electronic form (including electronic mail and documents created with word processing software) or where it is held in manual files that are structured in a way that allows ready access to information about individuals.
This policy has been designed to establish a worldwide baseline standard for the Processing and protection of Personal Data by all ChannelGrabber Entities. Where national law imposes a requirement which is stricter than imposed by this policy, the requirements in national law must be followed. Furthermore, where national law imposes a requirement that is not addressed in this policy, the relevant national law must be adhered to.
If there are conflicting requirements in this policy and national law, please consult with Commercial Director for guidance.
The protection of Personal Data belonging to ChannelGrabber Employees is not within the scope of this policy. It is covered in the ChannelGrabber ‘Data Protection for Employee Data’ policy.
An individual who works part-time or full-time for ChannelGrabber under a contract of employment, whether oral or written, express or implied, and has recognised rights and duties. Includes temporary employees and independent contractors.
An external organisation with which ChannelGrabber conducts business and is also authorised to, under the direct authority of ChannelGrabber, Process the Personal Data of ChannelGrabber Contacts.
Any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person.
Any past, current or prospective ChannelGrabber customer.
Anyone 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A 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.
A ChannelGrabber establishment, including subsidiaries and joint ventures over which ChannelGrabber exercise management control.
The identified or Identifiable Natural Person to which the data refers.
Any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means. Operations performed may include 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.
The process of safeguarding Personal Data from unauthorised or unlawful disclosure, access, alteration, Processing, transfer or destruction.
An independent Public Authority responsible for monitoring the application of the relevant Data Protection regulation set forth in national law.
A natural or legal person, Public Authority, Agency or other body which Processes Personal Data on behalf of a Data Controller.
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 relating to him or her.
Personal Data pertaining to or revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data
Any country not recognised as having an adequate level of legal protection for the rights and freedoms of Data Subjects in relation to the Processing of Personal Data.
Any form of automated processing of Personal Data where Personal Data is used to evaluate specific or general characteristics relating to an Identifiable Natural Person. In particular to analyse or predict certain aspects concerning that natural person’s performance at work, economic situations, health, personal preferences, interests, reliability, behaviour, location or movement.
The Personal Data protection policies used for the transfer of Personal Data to one or more Third Countries within a group of undertakings, or group of enterprises engaged in a joint economic activity.
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.
The process of converting information or data into code, to prevent unauthorised access.
Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) without a “key” that allows the data to be re-identified.
Data amended in such a way that no individuals can be identified from the data (whether directly or indirectly) by any means or by any person.
To demonstrate our commitment to Data Protection, and to enhance the effectiveness of our compliance efforts, ChannelGrabber has assigned responsibility for Data Protection to appointed its Commercial Director who is a full time member of the ChannelGrabber Board of Directors. In regard to Data Protection, the Commercial Director’s duties include:
The management team of each ChannelGrabber Entity must ensure that all ChannelGrabber Employees responsible for the Processing of Personal Data are aware of and comply with the contents of this policy. In addition, each ChannelGrabber Entity will make sure all Third Parties engaged to Process Personal Data on their behalf (i.e. their Data Processors) are aware of and comply with the contents of this policy.
Assurance of such compliance must be obtained from all Third Parties, whether companies or individuals, prior to granting them access to Personal Data controlled by ChannelGrabber.
To ensure that all Data Protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing.
Each ChannelGrabber Entity must ensure that a Data Protection Impact Assessment (DPIA) is conducted, in cooperation with the Commercial Director, for all new and/or revised systems or processes for which it has responsibility. The subsequent findings of the DPIA must then be submitted to the Commercial Director for review and approval. Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate with the Commercial Director to assess the impact of any new technology uses on the security of Personal Data.
To confirm that an adequate level of compliance that is being achieved by all ChannelGrabber Entities in relation to this policy, the Commercial Director will carry out an annual Data Protection compliance audit for all such Entities. Each audit will, as a minimum, assess:
The Commercial Director, in cooperation with key business stakeholders from each ChannelGrabber Entity, will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable time frame. Any major deficiencies identified will be reported to and monitored by the ChannelGrabber Executive Management team.
ChannelGrabber has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data:
Personal Data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means, ChannelGrabber must tell the Data Subject what Processing will occur (transparency), the Processing must match the description given to the Data Subject (fairness), and it must be for one of the purposes specified in the applicable Data Protection regulation (lawfulness).
Personal Data shall be collected for specified, explicit and legitimate purposes and not further Processed in a manner that is incompatible with those purposes. This means ChannelGrabber must specify exactly what the Personal Data collected will be used for and limit the Processing of that Personal Data to only what is necessary to meet the specified purpose.
Personal Data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed. This means ChannelGrabber must not store any Personal Data beyond what is strictly required.
Personal Data shall be accurate and, kept up to date. This means ChannelGrabber must have in place processes for identifying and addressing out-of-date, incorrect and redundant Personal Data.
Personal Data shall be kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the Personal Data is Processed. This means ChannelGrabber must, wherever possible, store Personal Data in a way that limits or prevents identification of the Data Subject.
Personal Data shall be Processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful Processing, and against accidental loss, destruction or damage. ChannelGrabber must use appropriate technical and organisational measures to ensure the integrity and confidentiality of Personal Data is maintained at all times.
The Commercial Director shall be responsible for, and be able to demonstrate compliance. This means ChannelGrabber must demonstrate that the six Data Protection Principles (outlined above) are met for all Personal Data for which it is responsible.
Each ChannelGrabber Entity will obtain Personal Data only by lawful and fair means and, where appropriate with the knowledge and Consent of the individual concerned. Where a need exists to request and receive the Consent of an individual prior to the collection, use or disclosure of their Personal Data, ChannelGrabber is committed to seeking such Consent.The Commercial Director, in cooperation with other Board members, shall establish a system for obtaining and documenting Data Subject Consent for the collection, Processing, and/or transfer of their Personal Data. The system must include provisions for:
Each ChannelGrabber Entity will, when required by applicable law, contract, or where it considers that it is reasonably appropriate to do so, provide Data Subjects with information as to the purpose of the Processing of their Personal Data. When the Data Subject is asked to give Consent to the Processing of Personal Data and when any Personal Data is collected from the Data Subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:
The disclosures may be given orally, electronically or in writing. If given orally, the person making the disclosures should use a suitable script or form approved in advance by the Commercial Director. The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.
Each external website provided by a ChannelGrabber Entity will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law. Refer to ChannelGrabber’s ‘Internet Privacy Notice’ and ‘Internet Cookie Notice’ standard templates for guidance. All Privacy and Cookie Notices must be approved by the Commercial Director prior to publication on any ChannelGrabber external website.
ChannelGrabber uses the Personal Data of its Contacts for the following broad purposes:
The use of a Contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a Contact’s expectations that their details will be used by ChannelGrabber to respond to a Contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that ChannelGrabber would then provide their details to Third Parties for marketing purposes.
Each ChannelGrabber Entity will Process Personal Data in accordance with all applicable laws and applicable contractual obligations. More specifically, ChannelGrabber will not Process Personal Data unless at least one of the following requirements are met:
There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original purpose for which the Personal Data was collected. When making a determination as to the compatibility of the new reason for Processing, guidance and approval must be obtained from the Commercial Director before any such Processing may commence.
In any circumstance where Consent has not been gained for the specific Processing in question, ChannelGrabber will address the following additional conditions to determine the fairness and transparency of any Processing beyond the original purpose for which the Personal Data was collected:
ChannelGrabber will only Process Special Categories of Data (also known as sensitive data) where the Data Subject expressly consents to such Processing or where one of the following conditions apply:
In any situation where Special Categories of Data are to be Processed, prior approval must be obtained from the Commercial Director and the basis for the Processing clearly recorded with the Personal Data in question. Where Special Categories of Data are being Processed, ChannelGrabber will adopt additional protection measures. Each ChannelGrabber Entity may also adopt additional measures to address local custom or social expectation over the Processing of Special Categories of Data.
Children are unable to Consent to the Processing of Personal Data for information society services. Consent must be sought from the person who holds parental responsibility over the child. However, it should be noted that where Processing is lawful under other grounds, Consent need not be obtained from the child or the holder of parental responsibility.
Should any ChannelGrabber Entity foresee a business need for obtaining parental consent for information society services offered directly to a child, guidance and approval must be obtained from the Commercial Director before any Processing of a child’s Personal Data may commence.
Each ChannelGrabber Entity will adopt all necessary measures to ensure that the Personal Data it collects and Processes is complete and accurate in the first instance, and is updated to reflect the current situation of the Data Subject. The measures adopted by ChannelGrabber to ensure data quality include:
ChannelGrabber will only engage in Profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the Data Subject or where it is authorised by law.
Where a ChannelGrabber Entity utilises Profiling and automated decision-making, this will be disclosed to the relevant Data Subjects. In such cases the Data Subject will be given the opportunity to:
Each ChannelGrabber Entity must also ensure that all Profiling and automated decision-making relating to a Data Subject is based on accurate data.
As a general rule ChannelGrabber will not send promotional or direct marketing material to a ChannelGrabber Contact through digital channels such as mobile phones, email and the Internet, without first obtaining their Consent. Any ChannelGrabber Entity wishing to carry out a digital marketing campaign without obtaining prior Consent from the Data Subject must first have it approved by the Commercial Director.
Where Personal Data Processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data Processed for such purposes. If the Data Subject puts forward an objection, digital marketing related Processing of their Personal Data must cease immediately, and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted.
It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.
To ensure fair Processing, Personal Data will not be retained by ChannelGrabber for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.
The length of time for which ChannelGrabber Entities need to retain Personal Data is set out in the ChannelGrabber ‘Personal Data Retention Schedule’. This takes into account the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All Personal Data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.
Each ChannelGrabber Entity will adopt physical, technical, and organisational measures to ensure the security of Personal Data. This includes the prevention of loss or damage, unauthorised alteration, access or Processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment.The minimum set of security measures to be adopted by each ChannelGrabber Entity is provided in the ChannelGrabber ‘Information Security Policy’. A summary of the Personal Data related security measures is provided below:
The Commercial Director will establish a system to enable and facilitate the exercise of Data Subject rights related to:
If an individual makes a request relating to any of the rights listed above, ChannelGrabber will consider each such request in accordance with all applicable Data Protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature.
Data Subjects are entitled to obtain, based upon a request made in writing to the Commercial Director and upon successful verification of their identity, the following information about their own Personal Data:
All requests received for access to or rectification of Personal Data must be directed to the Commercial Director, who will log each request as it is received. A response to each request will be provided within 30 days of the receipt of the written request from the Data Subject. Appropriate verification must confirm that the requestor is the Data Subject or their authorised legal representative. Data Subjects shall have the right to require ChannelGrabber to correct or supplement erroneous, misleading, outdated, or incomplete Personal Data.
If ChannelGrabber cannot respond fully to the request within 30 days, the Commercial Director shall nevertheless provide the following information to the Data Subject, or their authorised legal representative within the specified time:
It should be noted that situations may arise where providing the information requested by a Data Subject would disclose Personal Data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights.
Detailed guidance for dealing with requests from Data Subjects can be found in the ChannelGrabber ‘Data Subject Request Handling Procedures’ document.
In certain circumstances, it is permitted that Personal Data be shared without the knowledge or Consent of a Data Subject. This is the case where the disclosure of the Personal Data is necessary for any of the following purposes:
If a ChannelGrabber Entity Processes Personal Data for one of these purposes, then it may apply an exception to the Processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question. If any ChannelGrabber Entity receives a request from a court or any regulatory or law enforcement authority for information relating to a ChannelGrabber Contact, you must guidance and assistance.
All ChannelGrabber Employees that have access to Personal Data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, each ChannelGrabber Entity will provide regular Data Protection training and procedural guidance for their staff.
The training and procedural guidance set forth will consist of, at a minimum, the following elements:
ChannelGrabber Entities may transfer Personal Data to internal or Third Party recipients located in another country where that country is recognised as having an adequate level of legal protection for the rights and freedoms of the relevant Data Subjects.
Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. Third Countries), they must be made in compliance with an approved transfer mechanism
ChannelGrabber Entities may only transfer Personal Data where one of the transfer scenarios list below applies:
In order for ChannelGrabber to carry out its operations effectively across it’s various ChannelGrabber Entities, there may be occasions when it is necessary to transfer Personal Data from one ChannelGrabber Entity to another, or to allow access to the Personal Data from an overseas location. Should this occur, the ChannelGrabber Entity sending the Personal Data remains responsible for ensuring protection for that Personal Data. ChannelGrabber handles the transfer of Personal Data between ChannelGrabber Entities, where the location of the recipient Entity is a Third Country, usingthe Binding Corporate Rules transfer mechanism. Binding Corporate Rules provide legally binding, enforceable rights on Data Subjects with regard to the Processing of their Personal Data and must be enforced by each approved ChannelGrabber Entity, including their Employees.
When transferring Personal Data to another ChannelGrabber Entity located in a Third Country, you must:
Each ChannelGrabber Entity will only transfer Personal Data to, or allow access by, Third Parties when it is assured that the information will be Processed legitimately and protected appropriately by the recipient. Where Third Party Processing takes place, each ChannelGrabber Entity will first identify if, under applicable law, the Third Party is considered a Data Controller or a Data Processor of the Personal Data being transferred.
Where the Third Party is deemed to be a Data Controller, the ChannelGrabber Entity will enter into, in cooperation with the Commercial Director, an appropriate agreement with the Controller to clarify each party’s responsibilities in respect to the Personal Data transferred.
Where the Third Party is deemed to be a Data Processor, the ChannelGrabber Entity will enter into, in cooperation with the Commercial Director, an adequate Processing agreement with the Data Processor. The agreement must require the Data Processor to protect the Personal Data from further disclosure and to only Process Personal Data in compliance with ChannelGrabber instructions. In addition, the agreement will require the Data Processor to implement appropriate technical and organisational measures to protect the Personal Data as well as procedures for providing notification of Personal Data Breaches. ChannelGrabber has a ‘Standard Data Processing Agreement’ document that should be used as a baseline template.
When a ChannelGrabber Entity is outsourcing services to a Third Party (including Cloud Computing services), they will identify whether the Third Party will Process Personal Data on its behalf and whether the outsourcing will entail any Third Country transfers of Personal Data. In either case, it will make sure to include, in cooperation with the Commercial Director, adequate provisions in the outsourcing agreement for such Processing and Third Country transfers. ChannelGrabber has a ‘Standard Provisions for Outsourcing Agreement’ document that should be used for guidance. The Commercial Director shall conduct regular audits of Processing of Personal Data performed by Third Parties, especially in respect of technical and organisational measures they have in place. Any major deficiencies identified will be reported to and monitored by the ChannelGrabber Executive Management team.
Data Subjects with a complaint about the Processing of their Personal Data, should put forward the matter in writing to the Commercial Director. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The Commercial Director will inform the Data Subject of the progress and the outcome of the complaint within a reasonable period.
If the issue cannot be resolved through consultation between the Data Subject and the Commercial Director, then the Data Subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.
Any individual who suspects that a Personal Data Breach has occurred due to the theft or exposure of Personal Data must immediately notify the Commercial Director providing a description of what occurred. Notification of the incident can me made via e-mail <email@example.com>, by calling , or by using the anonymous incident reporting form at .
The Commercial Director will investigate all reported incidents to confirm whether or not a Personal Data Breach has occurred. If a Personal Data Breach is confirmed, the Commercial Director will follow the relevant authorised procedure based on the criticality and quantity of the Personal Data involved. For severe Personal Data Breaches, the ChannelGrabber Group General Counsel will initiate and chair an emergency response team to coordinate and manage the Personal Data Breach response.
All inquiries about this policy, including requests for exceptions or changes should be directed to the Commercial Director via e-mail <firstname.lastname@example.org>.
This policy shall be available to all ChannelGrabber Employees digitally by download from internal systems or via alternative means as deemed appropriate by the Commercial Director.
This policy is effective as of 23rd May 2018.
The Commercial Director is responsible for the maintenance and accuracy of this policy. Notice of significant revisions shall be provided to ChannelGrabber Employees through the Human Resources department. Changes to this policy will come into force when published on ChannelGrabber internal systems.