Just IT needs to collect, use and share personal information about employees, workers, secondees, contractors, job applicants, learners, candidates, customers and clients in order to deliver services, exercise its responsibilities and duties of care as an employer and provider of education and fulfil its legal and contractual obligations. In doing so Just IT must comply with the UK Data Protection Act, 1998, GDPR, 2018, and equivalent legislation. These laws requires Just IT to protect personal information and control how it is used in accordance with the legal rights of the data subjects – the individuals whose personal data is held.
All employees, workers, secondees, contractors, job applicants, learners, candidates, customers and clients and other data subjects are entitled to know:
- What information Just IT holds and processes about them and why.
- How to gain access to it.
- How to keep it up to date or request its deletion.
- What Just IT is doing to comply with its legal obligations under privacy law.
This policy and its supporting procedures and guidance aim to ensure that Just IT complies with its obligations as a Data Controller under the UK Data Protection Act, 1998 and GDPR, 2018, and processes all personal data in compliance with the Data Protection Principles which are set out in the Act.
In summary, these state that personal data shall:
- Be obtained and processed fairly and lawfully and shall not be processed unless certain conditions are met.
- Be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with that purpose.
- Be adequate, relevant and not excessive for those purposes.
- Be accurate and kept up to date.
- Not be kept for longer than is necessary for that purpose.
- Be processed in accordance with the data subjects’ rights.
- Be kept safe from unauthorised access, accidental or deliberate loss or destruction.
- Not be transferred to a country outside the European Economic Area, unless that country has equivalent levels of protection for personal data.
In order to manage these risks, this policy sets out responsibilities for all managers, staff and contractors and anyone else that can access or use personal data in their work for Just IT.
The policy also sets out a framework of governance and accountability for data protection compliance across Just IT. This incorporates all policies and procedures that are required to protect Just IT information by maintaining:
- Confidentiality: protecting information from unauthorised access and disclosure
- Integrity: safeguarding the accuracy and completeness of information and preventing its unauthorised amendment or deletion.
- Availability: ensuring that information and associated services are available to authorised users whenever and wherever required.
Just IT will apply the Data Protection Principles to the management of all personal data throughout the information life cycle by adopting the following policy objectives.
3.1 Apply “privacy by design” principles when developing and managing information systems containing personal data.
This means that we will:
- Use proportionate privacy impact assessment to identify and mitigate data protection risks at an early stage of project and process design for all new or updated systems and processes that present privacy concerns and in managing upgrades or enhancements to systems used to process personal data.
- Adopt data minimisation: we will collect, disclose and retain the minimum personal data for the minimum time necessary for the purpose.
- Anonymise personal data wherever necessary and appropriate, for instance when using it for statistical purposes.
3.2 Process personal data fairly and lawfully
This means that we will:
- Only collect and use personal data in accordance with the conditions set down under the Data Protection Act and GDPR legislation.
- Ensure that if we collect someone’s personal data for one purpose, we will not reuse their data for a different purpose that the individual did not agree to or expect.
- Treat people fairly by using their personal data for purposes and in a way that they would reasonably expect.
3.3 Seek informed consent when it is appropriate to do so
This means that we will seek the consent of individuals to collect and use their personal data
- Whenever the law requires us to do so, or
- Where their consent will be specific, informed and freely given.
In some circumstances, it is not appropriate to seek an individual’s consent to process their data. For instance:
- Where we are required to process personal data by law, for instance to comply with Home Office immigration rules, or
- Where we disclose personal data to the police to assist a criminal investigation and seeking the individual’s consent would frustrate the purpose of the investigation by tipping off a suspect.
- Where we need to process someone’s personal data to fulfil a contract or our legitimate purposes, such as conducting examinations and assessments, and the individual cannot reasonably refuse or withdraw consent.
We will explain:
- What personal data collection is voluntary and why and the consequences of not providing it.
- What personal data collection is mandatory and why we are entitled or obliged to process their data, for instance as a condition of employment or enrolment on a programme of study.
3.4 Inform data subjects what we are doing with their personal data
This means that, at the point that we directly collect personal data (i.e. not through a 3rd party data provider), we will explain in a clear and accessible way;
- What personal data we collect.
- For what purposes.
- Why we need it.
- How we use it.
- How we will protect their personal data.
- To whom we may disclose it and why.
- Where relevant, what personal data we publish and why.
- How data subjects can update their personal data that we hold.
- How long we intend to retain it.
We will publish this information, tailored for employees, workers, secondees, contractors, job applicants, learners, candidates, customers, clients and other groups of people on our website and where appropriate in printed formats. We will review the content of these Privacy Notices regularly to ensure they comply with the latest legislation and expectations. We will provide simple and secure ways for our students, staff and other data subjects to update the information that we hold about them such as home addresses. Where we process personal data to keep people informed about Just IT activities and events we will provide in each communication a simple way of opting out of further marketing communications.
In this way we will provide accountability for our use of personal data and demonstrate that we will manage people’s data in accordance with their rights and expectations.
3.5 Uphold individual’s rights as data subjects
This means that we will uphold their rights to:
- Access a copy of the information comprising their personal data, responding to requests for their own personal data (subject access requests) in a fair, friendly and timely manner.
- Request that their data is deleted, responding to this request in a fair, friendly and timely manner.
- Object to processing that is likely to cause or is causing unwarranted and substantial damage or distress.
- Prevent processing for direct marketing.
- Object to decisions being taken by automated means.
- Have inaccurate personal data rectified, blocked, erased or destroyed in certain circumstances.
- Claim compensation for damages caused by a breach of the UK Data Protection Act.
3.6 Protect personal data
This means that we will:
- Control access to personal data so that staff, contractors and other people working on Just IT business can only see such personal data as is necessary for them to fulfil their duties.
- Require all Just IT employees, workers, secondees, contractors and others who have access to personal data in the course of their work to complete basic data protection training, supplemented as appropriate by procedures and guidance relevant to their specific roles.
- Set and monitor compliance with security standards for the management of personal data as part of our wider framework of information security policies and procedures
- Provide appropriate tools for employees, workers, secondees, contractors and others to use and communicate personal data securely and when working away from Just IT when their duties require this, for instance through provision of secure virtual private network, encryption and cloud solutions.
- Take all reasonable steps to ensure that all suppliers, contractors, agents and other external bodies and individuals who process personal data for Just IT enter into our Data Processor Agreements and comply with auditable security controls to protect the data, in compliance with our Procedures for approving, monitoring and reviewing personal data processing agreements.
- Maintain Data Sharing Agreements with partners and other external bodies with whom we may need to share employees, workers, secondees, contractors, learners, candidates and others personal data to deliver shared services or joint projects to ensure proper governance, accountability and control over the use of such data.
- Ensure that our learners and candidates are aware of how privacy law applies to their use of personal data in the course of their studies and how they can take appropriate steps to protect their own personal data and respect the privacy of others.
- Manage all subject access and third party requests for personal information about employees, workers, secondees, contractors, learners and other data subjects in accordance with our Procedures for responding to requests for personal data.
- Make appropriate and timeous arrangements to ensure the confidential destruction of personal data in all media and formats when it is no longer required for Just IT business.
3.7 Retain personal data only as long as required
This means that we will:
- Apply the Just IT records retention policies relevant to each professional service function.
- Keep records locally only as long as required in accordance with these policies and then;
- Destroy them securely in a manner appropriate to their format, or
- Transfer them by arrangement for longer term storage or archival preservation.
Some Just IT records containing personal data are designated for permanent retention as archives for historical and statistical purposes. When managing access to archives containing personal data we will:
- Apply exemptions to public rights of access to information as appropriate in accordance with the data subjects’ rights to privacy.
- Redact personal data, or
- Withhold specific categories of record, such as employee records, for the lifetime of the employee and their identifiable next of kin.
4.1 What information is included in the Policy
This policy applies to all personal data created or received in the course of Just IT business in all formats, of any age. Personal data may be held or transmitted in paper and electronic formats or communicated verbally in conversation or over the telephone.
4.2 Who is affected by the Policy Data subjects
These include, but are not confined to: prospective applicants, applicants to programmes and posts, current and former learners, current and former employees, family members where emergency or next of kin contacts are held, workers employed through temping agencies, research subjects, external researchers, visitors, and volunteers, customers, conference delegates, people making requests for information or enquiries, complainants, professional contacts and representatives of funders, partners and contractors.
Users of personal data
The policy applies to anyone who obtains, records, can access, store or use personal data in the course of their work for Just IT. Users of personal data include employees, workers, secondees, contractors, learners and candidates of Just IT, contractors, suppliers, agents, Just IT partners and external researchers and visitors.
4.3 Where the Policy applies
This policy applies to all locations from which Just IT personal data is accessed including home use.
5. LINES OF RESPONSIBILITY
All users of Just IT information are responsible for:
- undertaking relevant training and awareness activities provided by Just IT to support compliance with this policy.
- Taking all necessary steps to ensure that no breaches of information security result from their actions.
- Reporting all suspected information security breaches or incidents promptly so that appropriate action can be taken to minimise harm.
- Informing Just IT of any changes to the information that they have provided to Just IT in connection with their employment or studies, for instance, changes of address.
5.1 The Chief Executive Officer of Just IT, has ultimate accountability for the Just IT’s compliance with data protection law.
5.2 The Chief Executive Officer has senior management accountability for information governance including data protection management, reporting to the Board of Directors and the Non-Executive Committee on relevant risks and issues.
5.3 The Chief Executive Officer has senior management responsibility for information governance including data protection management and for providing proactive leadership to instil a culture of information security within Just IT through clear direction, demonstrated commitment, explicit assignment, and acknowledgment of information security responsibilities.
5.4 The Chief Information Officer is the designated Data Protection Officer, who is responsible for recommending information governance and security strategy to the Chief Executive Officer and has executive oversight of policies, procedures and controls to manage information security and data protection.
5.5 All Heads of Departments are responsible for implementing the policy within their business areas, and for adherence by their staff.
- Assigning generic and specific responsibilities for data protection management
- Managing access rights for information assets and systems to ensure that staff, contractors and agents have access only to such personal data is necessary for them to fulfil their duties.
- Ensuring that all staff in their business areas undertake relevant training provided by Just IT and are aware of their accountability for data protection
- Ensuring that staff responsible for any locally managed IT services liaise with Just IT Information Technology staff to put in place equivalent IT security controls.
5.6 IT Manager is responsible for ensuring that centrally managed IT systems and services take account of relevant data protection risks and are integrated into the information security management system and for promoting good practice in IT security among relevant staff.
5.7 The Chief Information Officer is responsible for reviewing relevant human resources policies and procedures, in order to support managers and staff in understanding and discharging their responsibilities for data protection through the recruitment, induction, training, promotion, discipline and leaver management processes.
5.8 The MI & Funding Manager is responsible for reviewing relevant learner administration policies and procedures to integrate with the information security management system and for oversight of the management of student records and associated personal data across Just IT.
5.9 The Chief Information Officer is responsible for reviewing the effectiveness of data protection policies and procedures as part of its wider oversight of information security management.
This policy is implemented through the development, implementation, monitoring and review of the component parts of Just IT’s information security management systems.
- The Information and Security Group undertake information risk assessments to identify and protect confidential and business critical information assets and IT systems.
- Coordination of effort between relevant Heads of Departments to integrate, IT, physical security, people, information management, and risk management and business continuity to deliver effective and proportional information security controls.
- Review and refresh of all relevant policies and procedures
- Designation of information governance coordinators for each area.
- Generic and role specific training and awareness.
- Embedding information governance requirements into procurement and project planning.
- Information security incident management policies and procedures.
- Business continuity management.
- Monitoring compliance and reviewing controls to meet business needs.
7. RELATED POLICIES, PROCEDURES AND FURTHER REFERENCE
7.1. Just IT Policies and procedures
This policy should be read in conjunction with all other Just IT
information governance and IT policies, which are reviewed and updated
as necessary to meet Just IT’s business needs and legal obligations.
Managers of staff whose roles do not require Just IT, IT access are responsible for briefing their staff on their responsibilities in relation to all policies that affect their work.
7.2 Legal Requirements and external standards
Effective data protection and information security controls are essential for compliance with U.K. and Scottish law and other relevant law in all jurisdictions in which Just IT operates.
Legislation that places specific data protection, information security and record keeping obligations on organisations includes, but is not limited to:
- GDPR 2018
- Computer Misuse Act 1990
- Data Protection Act 1998
- The Data Protection (Processing of Sensitive Personal Data) Order 2000
- Environmental Information (Scotland) Regulations 2004
- Freedom of Information (Scotland) Act 2002
- Privacy and Electronic Communications Regulations 2003
- Regulation of Investigatory Powers Act 2000
- Regulation of Investigatory Powers (Scotland) Act 2000
- Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
All current UK Legislation is published at https://www.legislation.gov.uk/
UK Information Commissioner’s Office (ICO) Statutory Codes of Practice, including:
- Data Sharing
- Employment Practices
- Personal Information Online
- Privacy Notices
- Subject Access
- Bring Your Own Device
- Cloud Computing
- Data controllers and data processors: what the difference is and what the governance implications are
- Data security breach management
- International Data Transfers
- IT Asset Disposal
- Privacy and Electronic Communications
- Privacy Impact Assessment
The definition of information includes, but is not confined to, paper and electronic documents and records, email, voicemail, still and moving images and sound recordings, the spoken word, data stored on computers or tapes, transmitted across networks, printed out or written on paper, carried on portable devices, sent by post, courier or fax, posted onto intranet or internet sites or communicated using social media.
Information in any format that relates to a living person who can be identified from that information or other information held by Just IT, its contractors, agents and partners or other third parties.
Although the Data Protection Act applies only to living people, the scope of this policy also includes information about deceased individuals. This is because disclosure of information about the deceased may still be in breach of confidence or otherwise cause damage and distress to living relatives and loved ones.
Sensitive Personal Data
Sensitive personal data (as defined in Section 2 of the Data Protection Act
Data 1998) is personal data relating to an identifiable individual’s a) racial or ethnic origin; b) political opinions; c) religious or other beliefs; d) membership of a trade union; e) physical or mental health or condition; f) sexual life; g) proven or alleged offences, including any legal proceedings and their outcome In addition, Just IT’s definition of High Risk Confidential Information includes the following personal data: Any other information that would cause significant damage or distress to an individual it was disclosed without their consent, such as bank account and financial information, marks or grades.
An organisation which determines the purposes for which personal data is processed and is legally accountable for the personal data that it collects and uses or contracts with others to process on its behalf.
In relation to personal data, any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
A person whose personal data is held by Just IT or any other organisation.
Processing Creating, storing, accessing, using, sharing, disclosing, altering, updating, destroying or deleting personal data.
The definition of confidential information can be summarised as:
- Any personal information that would cause damage or distress to individuals if disclosed without their consent.
- Any other information that would prejudice Just IT’s or another party’s interests if it were disclosed without authorisation.
9. Information we may collect from you
During the process of registering you as a user of Just IT services we will collect and process some or all of the following personal data about you:
Information you provide to us
- Personal Data: You may voluntarily decide to provide us with personal information about you by filling in forms on our site https://www.justit.co.uk/ (our “Site”) or by corresponding with us by telephone, e-mail or otherwise.
- This includes information you provide when you register to use our site, subscribe to our service, participate in discussion boards or other social media functions on our Site, enter a competition, promotion or survey, and when you report a problem with our Site. You provide us with this information in order to receive the apprenticeship recruitment and employment opportunity matching services we provide, and to receive information about new opportunities we are working on that may be of interest to you. The information you give us may include your name, date of birth, address, e-mail address and phone number, postcode, academic results, curriculum vitae, citizenship, right to work or visa status, personal description and photographs, video interviews, personality and psychometric test answers and results, as well as your previous employment history. We use this information to assess your eligibility for the apprenticeship opportunities, to match you to suitable opportunities and to communicate with you.
- When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored on our servers and Just IT employees and employers will be able to see it as part of your digital profile.
- If you provide us with your email address and / or phone number we may contact you by email, phone or SMS for these services. We may also use this information to send you content and recommendations based on your interests and on opportunities that may be of interest to you. You have the ability to amend and delete this information from your profile on this Site. We will inform you if we change the information we collect for these purposes or change the sub-processors we use as part of providing this service to you.
- Special Category Data: You may voluntarily consent to provide us with sensitive personal data about yourself (e.g. details of your ethnic origin) by filling in forms on our Site or by completing electronic forms we ask you to complete as part of your apprenticeship application. We use this sensitive data to track the diversity of applicants, ensure that our clients are presented with a diverse selection of candidates, to track success of candidates from different ethnic groups, and to ensure that we have no internal biases. However, we also collect your ethnicity because we are required to collect and report information this to the Education & Skills Funding Agency (ESFA), the government agency that regulates apprenticeship training. We protect this information by ensuring this information is not made visible to our clients and minimise the members of our team who can access this information to those who need to report on it to the ESFA. We may also use this data in anonymised datasets, which removes your personal identifiers, for the purposes of understanding our users and candidate pool, equality monitoring and reporting purposes, and as aggregated data for marketing purposes.
Information we collect about you.
With regard to each of your visits to our Site we may automatically collect the following information:
- Information collected by our services: including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- Information about your visit (log files): including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources.
We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with other data which has been collected on this Site. We are also working closely with carefully selected third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
How do we use the personal information you provide to us?
We use personal information held about you in the following ways:
Information you have provided to us.
We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) or by phone with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form);
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you.
We will use this information:
- to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our Site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.
Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Transfer of your information
We may share your personal information with any member of Just IT Training Ltd, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
By signing up to this Service you agree to allow Just IT to share your digital profile and contact details (email and phone number) with any potential employer for the purpose of providing a recruitment service and the Service to you. Information relating to National Insurance Number, Ethnicity, Passport, National ID or Visa details or Home Address will never be shared with Employers without your consent through the performance of a contract we have with you or where processing is required for compliance of a legal obligation to which we are subject.
Analytics & Site Optimisation
Analytics and search engine providers that assist us in the improvement and optimisation of our site e.g. Google.
Processors, sub-processors & suppliers we work with
We have listed the third-party processors, suppliers and sub-processors we currently work with. We ensure we have a written contract in place with any third party processor we use to ensure that the processor only acts on our written instruction, that we are confident in the security of the data we have shared, and that we can perform audits and inspections to ensure that the data we share with them is secure and they are compliant with relevant data protection laws. These third-party service providers are required not to use your Personal Data other than to provide the services requested by us.
- These suppliers and sub-processors include:
- Amazon Web Services, Inc. (AWS), a subsidiary of Amazon.com, Inc which provides our cloud computing services. AWS complies with the EU-US Privacy Shield Framework, as set forth by the US Department of Commerce, covering the collection, use and retention of personal data transferred from the European Union to the United States.
- Ikiru People Ltd. a service that allows us to send emails and SMS messages to you based on customer segments, for managing your Just IT application and marketing purposes. Ikiru People Ltd is located in 12 Cedarwood, Crockford Lane, Basingstoke, Hampshire, RG24 8WD. In addition, Customer.io is compliant with the EU General Data Protection Regulation (GDPR) .
- G Suite and Google Cloud GB (Google Group), which provides cloud computing, productivity and collaboration tools, software and products to us. Google complies with the EU-US Privacy Shield Framework, as set forth by the US Department of Commerce, covering the collection, use and retention of personal data transferred from the European Union to the United States.
- Facebook Inc, a social network and advertising platform that allows us to communicate with you and advertise to prospective candidates, who are located in the United States, that participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework as set forth by the US Department of Commerce, covering the collection, use and retention of personal data transferred from the European Union to the United States.
- The Education and Skills Funding Agency, the executive government agency of the UK Department for Education, with which we share learner data in accordance with the terms and conditions of funding imposed on providers of learning and our legal obligation as a training provider, who are located within the United Kingdom, and registered with the Information Commissioner’s Office under the UK Data Protection Act (no. Z1001723).
- Tableau Software UK Limited, data visualisation and analytics platform. Tableau is fully compliant with EU, UK and US data privacy regulations and is registered with the Information Commissioner’s Office under the UK Data Protection Act (no. Z2760739). All data processed using Tableau software is stored within the UK on Just IT-owned servers.
- Click4Assistance, live chat software on our website, this is provided by Click4Assistance, a 3rd party UK based Software Company. Information regarding how the data is processed and stored can be viewed here. https://www.click4assistance.co.uk/click4assistance-web-chat-software-cookie-policy. They are based at 11 Lords Court Cricketers Way Basildon Essex SS13 1SS
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|Google Analytics||Google Analytics||To monitor page views||Google Analytics Cookie Usage on Websites|
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Except for essential cookies, all cookies will expire after a period of two years.
10. FURTHER HELP AND ADVICE
For further information and advice about this policy and any aspect of information security contact:
HR Team; email@example.com
11. POLICY VERSION AND HISTORY
Policy Version: 0.2
Review date: 5 years from date of approval or as required by legislation
Issue date: 11th January 2018 Revised date: 7th December 2022