Policy Effective from 21st October 2020
Identity of the Data Controller
“Data controllers” are the people or organisations that determine the purposes for which, and the manner in which, any Personal Data is processed, and make independent decisions in relation to the Personal Data and/or who/which otherwise control that Personal Data.
Data Protection Officer
Our Data Protection Officer is XpertDPO Ltd. and can be contacted as follows:
Telephone: +353 1 678 8997
Purpose and Scope of this Policy
Laws that apply to us:
• General Data Protection Regulation (EU Regulation 679/2016)
• Irish Data Protection Acts 1988 to 2018
• Regulations flowing from DPA 2018
• ePrivacy Regulations 2011 implementing EU Privacy and Electronic
Communications Directive 2002/58/EC on Privacy and Electronic Communications, otherwise known as ePrivacy Directive (ePD).
Why and how do we ensure compliance?
Data protection and privacy laws provide rights to individuals with regard to the use of their Personal Data by organisations, including our organisation. Irish and EU laws on data protection govern all activities we engage in with regard to our collection, storage, handling, disclosure and other uses of Personal Data.
We must comply with data protection and privacy laws because the law requires us to but we also would like you to have confidence in dealing with us, and compliance with data protection law helps us to maintain a positive reputation in relation to how we handle Personal Data.
We are required to demonstrate accountability for our data protection obligations. This means that we must be able to show how we comply with the applicable data protection and privacy laws, and that we have in fact complied with the laws.
We do this, among other ways, by our written policies and procedures, by building data protection and privacy compliance into our systems and business rules, by internally monitoring our data protection and privacy compliance and keeping it under review, and by acting if our representatives, including employees or contractors, fail to follow the rules.
We also have certain obligations in relation to keeping records about our data processing.
Who must comply?
What are the data protection principles and rules?
We aim to comply with the following principles found in Data Protection Law:
- Lawfulness, fairness and transparency – Personal data must be processed lawfully, fairly and in a transparent manner.
- Purpose Limitation – Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
- Data minimisation – Personal Data must be adequate, relevant and limited to what is necessary in relation to purposes for which they are processed.
- Accuracy – Personal data must be accurate and, where necessary, kept up to date. Inaccurate Personal Data should be corrected or deleted.
- Retention – Personal data should be kept in an identifiable format for no longer than is necessary.
- Integrity and confidentiality – Personal data should be kept secure.
- Accountability – Under the GDPR, we must not only comply with the above six general principles but we must be able to demonstrate that we comply by documenting and keeping records of all decisions.
What types of personal data will we process?
We will collect personal data with you in accordance with the purposes outlined in this document. This will be basic or regular personal data used to facilitate a consultant/client type relationship usually your name and email address and from time to time billing information. If you are a sole trader or partnership, we would consider your address to be personal data.
Ways in which Naas Oil Ltd. may process your Personal Data.
- To process your enquiry about Naas Oil Ltd.
- To assist when delivering products to you.
- To provide information to all staff across the group.
- To provide information on areas for improvement of performance within the organisation through audits so that we can provide you with the best service possible.
- To enable accurate billing and account processing.
- To meet our legal and regulatory obligations.
Special Category Personal Data
We will not collect special category data from you in relation to your use of this website. Naas Oil Ltd. may process special category data when you are employed by us.
Criminal Conviction Data
We will not collect criminal conviction data from you.
Children’s Personal Data
Who has access to or processes personal data?
Directors and Employees of the Organisation
Directors and employees of the Organisation who are bound by confidentiality agreements will process personal data on behalf of the Organisation.
We may use trusted service providers who could be considered data processors, sub-processors or third parties. We need to have written agreements in place with all of our service providers and, before we sign each agreement, we need to have vetted and be satisfied with the service provider’s data security. The agreements also need to contain specific clauses that deal with data protection. We require all third parties to have appropriate technical and operational security measures in place to protect your Personal Data, in line with Irish and EU laws on data protection. Any such organisation or individual will have access to Personal Data needed to perform these functions but may not use it for any other purpose.
We may pass on your details if we are
- under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or
- in order to enforce or apply any contract or other agreements with you, or
- to protect our rights, property, or safety of our employees, customers, or others.
This includes reporting information about incidents (as appropriate) to the law enforcement authorities and responding to any requirements from law enforcement authorities to provide information and/or Personal Data to them for the purposes of them detecting, investigating and/or prosecuting offences or in connection with crime sentencing.
Other than the above, or captured herein or in another agreement with you, we will not disclose personal information to any third party without your consent or prior knowledge except in incidences where an individual is potentially at risk or where the law requires it.
Information on Consent
You may withdraw consent at any time by providing an unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify withdrawal of consent to the processing of Personal Data relating to you. If you have any queries relating to withdrawing your consent, please contact our Data Protection Coordinator using the contact details set out below.
Withdrawal of consent shall be without effect to the lawfulness of processing based on consent before its withdrawal.
Under certain circumstances, and dependent on legal basis under which your personal data is processed, by law you have the right to:
- Request information about whether we hold Personal Data about you, and, if so, what that Personal Data is and why we are holding/using it.
- Request access to your Personal Data (commonly known as a “Data Subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).
- Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your Personal Data or profiling of you.
- Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request transfer of your Personal Data in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
How do you exercise your rights?
We have appointed a Data Protection Officer to monitor compliance with our data protection obligations and with this policy and our related policies. If you have any questions about this policy or about our data protection compliance, please contact the Data Protection Officer.
If you wish to exercise your rights please contact our Data Protection Officer who will respond to the request within 30 days.
We are obliged to comply with exceptions to your requests where laid out in law. Such exceptions relate to health data, disclosures that would be likely to cause serious harm to your physical or mental health or emotional condition and opinions given in confidence.
Our Data Protection Coordinator can be contacted as follows:
Telephone: +353 1 678 8997
Your Right to Lodge a Complaint
You as the Data Subject have the right to complain at any time to a supervisory authority in relation to any issues related to our processing of your Personal Data. We would like to hear from you first if you have a complaint about how we use your data so that we may rectify the issue. As our organisation is located in Ireland and we conduct our data processing here, we are regulated for data protection purposes by the Irish Data Protection Commissioner.
You can contact the Data Protection Commissioner as follows:
Phone: +353 57 8684800 or +353 (0)761 104 800
Address: Data Protection Office – Canal House, Station Road, Portarlington, Co. Laois, R32 AP23. Or 21 Fitzwilliam Square Dublin 2. D02 RD28 Ireland