Data Retention Policy

Hayes Point RTM Company Limited – Data Retention Policy
25th May 2018

1. Introduction

This Policy sets out the obligations of Hayes Point RTM Company Limited a company registered in England and Wales under number 07277138, whose registered office is at The Concierge Office, Hayes Point, Hayes Road, Sully, Penarth, CF64 5XX (“the Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

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 certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).

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:

1. Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
2. When the data subject withdraws their consent;
3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
4. When the personal data is processed unlawfully (i.e. in breach of the GDPR);
5. When the personal data has to be erased to comply with a legal obligation; or
6. Where the personal data is processed for the provision of information society services to a child.

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.

For further information on other aspects of data protection and compliance with the GDPR, please refer to the Company’s Data Protection Policy.

 

2. Aims and Objectives
   • The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.
   • In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.

 

3. Scope
   • This Policy applies to all personal data held by the Company and by third-party data processors processing personal data on the Company’s behalf.
   • Personal data, as held by the above is stored in the following ways and in the following locations:
     1. Third-party servers, operated by Penguin Internet Ltd and located in Newport, South Wales.
     2. Third-party servers, operated by Quickfile Ltd (Accounting) and located in Ireland.
     3. Computers permanently located in the Company’s premises at The Concierge Office, Hayes Point, Hayes Road, Sully, Penarth CF64 5XX;
     4. Laptop computers provided by the Company to its employees;
     5. Physical records stored in The Concierge Office, Hayes Point, Hayes Road, Sully Penarth, CF64 5XX;

 

4. Data Subject Rights and Data Integrity

All personal data held by the Company is held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.

• Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used as set out in the Company’s Data Protection Policy, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
• Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, as set out in the Company’s Data Protection Policy.

 

 

5. Data Disposal

Upon the expiry of the data retention periods set out below in Part 6 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:

• Personal data stored electronically (including any and all backups thereof) shall be deleted;
• Personal data stored in hardcopy form shall be shredded;

 

6. Data Retention
   • 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.
   • 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.
   • When establishing and/or reviewing retention periods, the following shall be taken into account:
     1. The objectives and requirements of the Company;
     2. The type of personal data in question;
     3. The purpose(s) for which the data in question is collected, held, and processed;
     4. The Company’s legal basis for collecting, holding, and processing that data;
     5. The category or categories of data subject to whom the data relates;
   • 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.
   • 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).

 

Data Ref.	Type of Data	Purpose of Data	Review Period	Retention Period or Criteria	Comments
LH-C	Leaseholder Contact Details	·         Legitimate Interest o   Processing of Service Charges o   Property Management o   Property Maintenance o   Lease Covenant Management o   Health, Safety and Security	Annual	7 Years beyond date of ceasing to be leaseholder
LH-F	Leaseholder Service Charge Financial Data	·         Legitimate Interest o   Processing of Service Charges o   Lease Covenant Management	Annual	7 Years beyond date of ceasing to be leaseholder
TEN-C	Tenants Contact Details	·         Legitimate Interest o   Property Management o   Property Maintenance o   Lease Covenant Management o   Health, Safety and Security	Annual	4 Years beyond date of ceasing to be tenant
RES-V	Resident (Leaseholder/Tenant) Vehicle Details	·         Legitimate Interest o   Property Management o   Property Maintenance o   Lease Covenant Management o   Health, Safety and Security	Annual	4 Years beyond date of ceasing to be tenant
RES-H	Resident (Leaseholder/Tenant) Health & Liability Declaration	·         Legitimate Interest o   Leisure Facility Health, Safety and Security	Annual	4 Years beyond date of ceasing to be resident
EMP-C	Employee Contact Details	·         Performance of Contract o   Human Resources Management	Annual	7 Years beyond end of contract
EMP-P	Employee Payroll Details	·         Performance of Contract o   Payroll Management o   HMRC PAYE & NIC Obligations	Annual	7 Years beyond end of contract
EMP-S	Employee Special Data	·         Consent o   Human Resources Management	Annual	3 Months beyond end of contract
CCTV	Site Wide CCTV Imagery	·         Legitimate Interest o   Property Management o   Lease Covenant Management o   Health, Safety and Security	Annual	4 weeks from recording	Retention period will be extended should any specific visual footage be required to be retained for another lawful purposes.

 

7. Roles and Responsibilities
   • The Company’s Data Protection Lead is the person currently employed by Hayes Point RTM Company Limited in the capacity of Property Manager.
   • The Data Protection Lead shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation.
   • The Data Protection Lead shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company and in that capacity will report to the Board of Directors of the Company.
   • Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Lead.

 

8. Implementation of Policy

This Policy shall be deemed effective as of 25^th May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

 

This Policy has been approved and authorised by the Board of Directors of the Company