Terms & Conditions LSL Auctions Limited / LSL App / Livestock Live Limited (LSL)

This User Agreement is effective upon acceptance for users, who accept it through registration of LSL Auctions Limited / LSL App / Livestock Live Limited.

The terms of this agreement are with LSL Auctions Limited / LSL App / Livestock Live Limited, 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland, Company Number (CRO) 648456, VAT Number 3609856LH are deemed accepted when using the LSL Auctions Limited, LSL App, Livestock Live Limited Platforms.

Scope

LSL Auctions Limited / LSL App / Livestock Live Limited provide in-house auction Software, Online auction bidding and live streaming platform, LSL App - Farm Management application, secure auction client account access, Transport Hub, Shop and product market prices.

LSL Auctions Limited / LSL App / Livestock Live Limited does not have possession of anything listed or sold through LSL Auctions Limited / LSL App / Livestock Live Limited or LSL App, and is not involved in the actual transaction between buyers and sellers.

The contract for the sale is directly between buyer and seller and/or auction house used. LSL Auctions Limited / LSL App / Livestock Live Limited is not a traditional auctioneer. While we may provide pricing, logistic information, videos, bidding data and other guidance in our Services, such guidance is solely informational, and you may choose not to follow it.

LSL Auctions Limited / LSL App / Livestock Live Limited does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, LSL Auctions Limited / LSL App / Livestock Live Limited  and LSL App has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using LSL Auctions Limited, LSL App, Livestock Live Limited

While using or accessing the Services you will not:

• Post, list or upload content or items in inappropriate categories or areas on our website or LSL App.
• Breach or circumvent any laws, third party rights or our policies.
• Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
• Use our Services if you are not able to form legally binding contracts (for example if you are under 18) or are temporarily or indefinitely suspended from using our Services.
• Fail to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller.
• Fail to deliver items sold by you (if agreed to deliver), unless the buyer fails to follow the posted terms, or you cannot contact the buyer.
• Manipulate the price of any item or interfere with other user's listings.
   
• Post false, inaccurate, misleading, defamatory, or libellous content.
   
• Take any action that may undermine the Feedback or ratings systems.
   
• Transfer your LSL Auctions Limited, LSL App, Livestock Live Limited account (including Feedback) and user ID to another party without our consent.
   
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
• Distribute viruses or any other technologies that may harm LSL Auctions Limited / LSL App / Livestock Live Limited, or the interests or property of Livestock Live users.
• Use any robot, spider, scraper or other automated means to access our Services for any purpose.
• Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any Livestock Live application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
• Copy, modify, or distribute rights or content from our Services or Livestock Live copyrights and trademarks.
• Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Services without the prior express written permission of Livestock Live and the appropriate third party, as applicable; commercialise any Livestock Live application or any information or software associated with such application; or harvest or otherwise collect information about users, such as email addresses, without their consent.
• If you are registering with Livestock Live as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Livestock Live, you must comply with all applicable laws relating to online trading for the site you are selling on.
   

We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and LSL Auctions Limited / LSL App / Livestock Live Limited  agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
 

Once registered and logged into LSL Auctions Limited, LSL App, Livestock Live Limited Platforms you are deemed to accept these terms and conditions.

 

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Livestock Live Services.

 

Abusing LSL Auctions Limited, LSL App, Livestock Live Limited Systems, Software or platform / App.

Without limiting other remedies, we may limit, suspend, or terminate our Services and user accounts, restrict or prohibit access to, and your activities on, our Services, cancel bids and remove listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

• We think that you are creating problems or possible legal liabilities.
• We think that such restrictions will improve the security of the Livestock Live community or reduce our or another Livestock Live user's exposure to financial liabilities.
• We think that you are infringing the rights of third parties.
• We think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users.
• Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or you fail to make full payment of any fees due for our Services by your payment due date.
   

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

LSL Auctions Limited, LSL App, Livestock Live Limited Fees

We do not charge any fee for using site however we reserve the right to charge fees for in the future for specific elements of the platform. LSL Auctions Limited, LSL App, Livestock Live Limited charge a commission fee for using the LSL Transport Hub. Please refer to LSL Transport Hub terms and conditions for further information.

LSL Auctions Limited, LSL App, Livestock Live Limited Listing Conditions

When listing an item, you agree to comply with the rules of listing and selling practices policy and you are responsible for the accuracy, content and legality of the item listing.

Your listing may not be immediately searchable by keyword or category for up to 24 hours. LSL Auctions limited, LSL App, Livestock Live Limited does not guarantee exact listing durations.

Where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, and price. Feedback, and detailed seller ratings.

Livestock Live duplicate listing policy may also affect whether your listing appears in search results.

LSL Auctions Limited, LSL App, Livestock Live Limited Purchase Conditions

LSL Auctions Limited / LSL App / Livestock Live Limited, 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland Company Number (CRO) 648456, VAT Number 3609856LH

When buying an item, you agree to comply that:

• You are responsible for reading the full item listing before making a bid or commitment to buy.
• You enter a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted).
   
• LSL Auctions Limited / LSL App / Livestock Live Limited (LSL) does not possess or hold any products for sale. LSL acts only as a biding, catalogue and streaming platform service for other companies, auction houses and livestock marts. It is the responsibility of the bidder to ensure they are satisfied with the item, product or livestock prior to placing a bid. If you are the highest bidder at the end of the auction, you legally agree to purchase the item. Most items are available for viewing prior to an auction. It is recommended that bidder view the product, item or livestock before bidding. LSL Auctions Limited / LSL App / Livestock Live Limited, (LSL), the auction house, mart or company or seller can be held responsible for products which are sold through online auctions and the bidder is dissatisfied. All items are bid on and sold as seen online at the time of the auction.

International buying and selling.

• Some items can legally be sold internationally.
• Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipping of items.
• When you buy or sell your items internationally, you agree to be subject to International policies, and you will be required to accept LS Auctions Limited, LSL App, Livestock Live Limited international policy
• To assist users who speak different languages, automated tools may translate listings and other LSL Auctions Limited, LSL App, Livestock Live Limited content, in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings. If you are a buyer, you may be provided access to third party tool(s) so you can request an on-demand translation of content. The accuracy or availability of the translation is not guaranteed.

Content

We may offer catalogues of stock images, descriptions and product/animal specifications, which are provided by third parties (including LSL Auctions Limited / LSL App / Livestock Live Limited users). You may use catalogue content solely in connection with your Livestock Live listings during the time your listings are on LSL Auctions Limited / LSL App / Livestock Live Limited sites.

While we try to offer reliable data, we cannot promise that the details/catalogues/images will always be accurate and up-to-date, and you agree that you will not hold LSL Auctions, LSL App, Livestock Live Limited or other providers responsible for inaccuracies in the data. If you choose to include image/catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Livestock Live policies. The catalogue/images/data may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).

Liability

We try to keep LSL Auctions Limited, LSL App, Livestock Live Limited and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid updates and other notification functionality in LSL Auctions Limited, LSL App, Livestock Live Limited services may not occur in real time. Such functionality is subject to delays beyond LSL Auctions Limited, LSL App, Livestock Live Limited control.
 

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

• Your use of or your inability to use our services.
• Pricing, shipping or other guidance provided by LSL Auctions Limited / LSL App / Livestock Live Limited.
• Delays or disruptions in our services.
• Viruses or other malicious software obtained by accessing, or linking to, our services.
• Glitches, bugs, errors, or inaccuracies of any kind in our services.
• Damage to your hardware device from the use of any LSL Auctions Limited, LSL App, Livestock Live Limited Service.
• The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items.
• A suspension or other action taken with respect to your account or breach of the abusing LSL Auctions Limited, LSL App, Livestock Live Limited section.
• The duration or manner in which your listings appear in search results as set out in the listing conditions section but can be from one hour to thirty days; or
   your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
 

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites. Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult.

LSL Auctions Limited / LSL App / Livestock Live Limited  cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
 

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of

(a) any amounts due up to the price the item sold for on LSL Auctions Limited, LSL App, Livestock Live Limited and its original shipping costs,

(b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or

(c) Maximum liability of £100.
 

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Livestock Live Services or your breach of any of any law or the rights of a third party.

Legal Disputes

If a dispute arises between you and LSL Auctions limited, LSL App, Livestock Live Limited, we strongly encourage you to first contact us directly to seek a resolution by customer services.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of Ireland. You and LSL Limited, LSL App, Livestock Live Limited both agree to submit to the non-exclusive jurisdiction of the Irish Courts.
 

In simple terms, "non-exclusive jurisdiction of the Irish courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in Ireland, but you may also elect to bring a claim in the court of another country instead. Irish law will apply in all cases.

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
 

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
 

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
 

We may amend this User Agreement at any time by email or by posting the amended terms on www.lslauctions.com, LSL App, www.livestock-live.com

. All amended terms shall automatically be effective 30 days after they are initially posted. This User Agreement may not be otherwise amended except through mutual agreement by you and a LSL Auctions Limited, LSL App, Livestock Live Limited representative authorised to do so. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Livestock Live site.
 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
 

The User Agreement, the LSL Auctions Limited, LSL App, Livestock Live Limited  Privacy Notice and all polices posted on our site are the entire agreement between you and LSL Auctions Limited, LSL App, Livestock Live Limited  and supersede all prior understandings and agreements of the parties.
 

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), content, liability compensation, legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to LSL Auctions Limited / LSL App / Livestock Live Limited , 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland Company Number (CRO) 648456, VAT Number 3609856LH

 We shall send notices to you by email to the email address you provide to LSL Auctions Limited, LSL App, Livestock Live Limited during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

1.Registration

 User Agreement conditions will apply to the members/users in the form of this User Agreement (The Agreement), conditions entered into by you with LSL Auctions Limited / LSL App / Livestock Live Limited, 10 Aubury Road, Mullingar, Co Westmeath, N91 FH79 Ireland Company Number (CRO) 648456, VAT Number 3609856LH

2.Agreement

 If and when we approve your registration and provide you with your user name and password information, confirmation of approval is subject to: LSL Auctions Limited / LSL App / Livestock Live Limited ensuring that the information you gave us is not inaccurate or deficient in any respect (if we discover that it was, then the Agreement will be void and where appropriate may be reported to credit reference and fraud agencies). LSL Auctions Limited / LSL App / Livestock Live Limited checking your credit reference and the information you provide to assess the accuracy of information provided. By using LSL Auctions Limited / LSL App / Livestock Live Limited software you agree to all the terms and conditions in this document. Terms and conditions may be changed from time to time and a request for confirmation of acceptance will be requested with full details of terms and conditions on log-in to the LSL Auctions Limited / LSL App / Livestock Live Limited  software platform from time to time.

3.Item, Lot Animal details / Legal Owner

 Only the legal owner of an item, lot animal, lot may enter the details onto LSL Auctions Limited / LSL App / Livestock Live Limited software platform. By entering an animal, item, lot onto LSL Auctions Limited / LSL App / Livestock Live Limited, you are confirming you are the legal owner. You agree to enter the correct herd number/ID details of the owner of the animal, item lot if applicable. You agree to enter the correct details etc, ID/tag number, sex, breed, description, weight (ticking appropriate box if estimated) of the animal.

3a. Seller Selling an item, lot, Animal (Entering animals into Auction)

By entering an item, lot, animal onto LSL Auctions Limited, LSL App, Livestock Live Limited, you are confirming you are the legal owner. You will enter a reserve price for the item, lot, animal. The legal owner agrees to accept any offer above the reserve price for the item, lot, animal if applicable. The legal owner may accept an offer anytime during the auction, or the auction software will accept/sell the animal to the highest bidder, above the reserve price at the end of the auction end time/date. Sellers of animals must notify the Department of Agriculture of any movement of animals to another herd number. Please see Department of Agriculture website for monitoring and movement of animals.

3b. Bidders/Buyers

Registered and approved users with a herd number may bid for animals being auctioned using LSL Auctions Limited / LSL App / Livestock Live Limited  software platform (LSL). The bidder may also setup an auto bid solution where the system will automatically counter bid by £10/€10 per head (or increment set by the auctioneer) up to the bidder’s maximum entered bid.

4. Ending the Agreement
   
   You may end the Agreement at any time by repaying the full amount you owe under the Agreement at that time. You agree that we will demand repayment of the full amount owed by you under the Agreement if you:
    Do not pay on time; Have been dishonest or given misinformation in a way which affects our decision to approve your registration; Before making any demand we will take all the steps we are required to take by law for your protection.
5. Special offers and Promotions
   
    From time to time, we may introduce special offers or promotions. These will be subject to separate terms and conditions which we will publish at the time.
6. Use of Personal Information
   
   We, and for the purposes of this clause 6 "we" means LSL Auctions Limited / LSL App / Livestock Live Limited, are the data controllers. Full details of how we use your personal data are set out in our Privacy Policy at www.lslauctions.com LSL App, www.livestocklive.com. This condition is a condensed version of our Privacy Policy and if you would like to read the full details of how your data may be used please visit our website at www.livestocklive.com. By submitting your details and/or using our service you accept and expressly consent to the use and disclosure of your personal data in the manner described. If you object to any of the potential uses described please don't apply or sign this Agreement.
    We reserve the right to amend and update our Privacy Policy from time to time and such amendments will be posted on our website.

We collect information about you (personal data) in a number of ways including information you give to us and other sources such as credit reference agencies (CRAs) and fraud prevention agencies (FPAs).
We may use your personal data for: statistical analysis; to develop and improve our products; to update your records; to identify which of our products might interest you; to identify, prevent, detect or tackle fraud, money laundering and other crime; to carry out regulatory checks; for market research purposes.
 We will keep your personal data confidential and only give it to others as set out in this Condition and in our

 

LSL Transport Hub:

 

LSL Auctions Limited, LSL App, Livestock Live Limited facilitate a transport solution platform. LSL Auctions Limited, LSL App, Livestock Live Limited does not operate any transport vehicles and merely facilitate the communication and booking of transport. It is the responsibility of the user to be satisfied with the transporter prior to accepting the booking. The transporter is responsible for providing safe and secure transport, appropriate insurance and in line with government standards for the goods/item/livestock being transported. The insurance cover for all relative vehicles, goods, livestock, lots items being transported is the sole responsibility for the transporter. It is the responsibility of the owner of the items, lots, livestock being transported to inspect the insurance, transport, condition, licence etc of the transport company/individual prior to dispatch of goods/livestock/items. LSL Auctions Limited, LSL App, Livestock Live Limited will make the details of the transporter available prior to the dispatch/collection. If the owner is not satisfied with the transporter, the owner may retract the order and LSL Auctions Limited, LSL App, Livestock Live Limited will refund the secured payment if it is prior to dispatch/collection. Justifiable reasons must stand for retracting a booking. LSL Auctions Limited, LSL App, Livestock Live Limited will always be the judicator in these instances.

 

LSL Auctions Limited, LSL App, Livestock Live Limited facilitate electronic card payment from the owner of the goods being transported to the transporter. Funds must be paid on booking and prior to goods being collected. LSL Auctions Limited, LSL App, Livestock Live Limited, will forward the payments to the transporter within 7 days of successful delivery confirmation. LSL Auctions Limited, LSL App, Livestock Live Limited will charge the owner of the goods/item/livestock, the transporter tender fee quoted, once accepted by the owner of the goods being transported. LSL Auctions Limited, LSL App, Livestock Live Limited, will charge (the relevant currency for country (£/$/€ etc) 0.50 per cattle head, 0.30 calf head, 0.10 sheep head, item to the transporter and 0.50 per cattle head, 0.30 calf head, 0.10 sheep head, item `to the owner for goods, booked through the LSL Auctions Limited, LSL App, Livestock Live Limited Transport Hub platform. LSL Auctions Limited, LSL App, Livestock Live Limited, will charge (the relevant currency for country (£/$/€ etc) 0.50 per item to the transporter and 0.50 to the owner for goods, booked through the LSL Auctions Limited, LSL App, Livestock Live Limited Transport Hub platform. All card payment charges will be passed to the owner or and transporter where relevant. By using the LSL Auctions Limited, LSL App, Livestock Live Limited, Transport Hub you agree to these terms. All liability and compensation conditions remain the same as mentioned in the LSL Auctions Limited, LSL App, Livestock Live Limited terms and conditions, Liability, Compensation, Disputes section.  

DATA PROTECTION POLICY

Introduction

LSL Auctions Limited, LSL App, Livestock Live Ltd hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.

This policy sets out how we seek to protect personal data and ensure that staff understand the rules governing their use of personal data to which they have access in the course of their work. In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
 

Definitions

Business purposes

The purposes for which personal data may be used by us: Personnel, administrative, financial, regulatory, payroll and business development purposes. Business purposes include the following: Compliance with our legal, regulatory and corporate governance obligations and good practice Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests Ensuring business policies are adhered to (such as policies covering email and internet use) Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking Investigating complaints Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments Monitoring staff conduct, disciplinary matters Marketing our business Improving services

 

Personal data	Information relating to identifiable individuals, contract and other staff, clients, suppliers and marketing contacts. Personal data we gather may include individuals' contact details, financial and pay details, details of herds etc.

Scope

This policy applies to all staff. You must be familiar with this policy and comply with its terms.

We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.

Who is responsible for this policy?

Data Protection Officer role for the company has overall responsibility for the day-to-day implementation of this policy.

Our procedures

Fair and lawful processing

We must process personal data fairly and lawfully in accordance with individuals' rights. Staff training will be provided to ensure that you all know what this means in practise and our processes are designed to maintain company compliance with current personal data protection law and regulation. The Data Protection principles we must follow are: that Personal data shall be:

1. Processed lawfully, fairly and in a transparent manner in relation to the data subject ('lawfulness, fairness and transparency');
2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes ('purpose limitation');
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ('data minimisation');
4. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ('accuracy');
5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject ('storage limitation');
6. 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, using appropriate technical or organisational measures ('integrity and confidentiality').

The Data Protection Officer's responsibilities:

The data protection officer shall have at least the following tasks:

1. Inform and advise employees who carry out processing of their obligations pursuant to Data Protection Regulation and other relevant data protection provisions.
2. To monitor compliance with Data Protection Regulation and the policies of the company in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
3. To provide advice where requested as regards the data protection impact assessment and monitor its performance.
4. To provide the point of contact for the GDPR regulator and data subjects.

Responsibilities of the IT Manager

1. To ensure appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures ('integrity and confidentiality').
2. The IT Manager should be part of the Data Protection Management Team.

Responsibilities of the Marketing Manager

• Approving data protection statements attached to emails and other marketing copy
• Coordinating with the DPO to ensure all marketing initiatives adhere to data protection laws and the company's Data Protection Policy

Sensitive personal data

In most cases where we process sensitive personal data, we will require the data subject's explicit consent to do this unless exceptional circumstances apply, for example, where we are required to do this by law. Any such request for consent will need to clearly identify what the data is, why it is being processed and to whom it will be disclosed.

Accuracy and relevance

We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.

Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DPO.

Your personal data

You must take reasonable steps to ensure that personal data we hold about you is accurate and updated as required. 

Data security

You must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.

Storing data securely

• In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
• Printed Personal data must not be left unattended or in view and data should be shredded when it is no longer needed. When not in use printed or hard copies of Personal data must be stored in a secure environment.
• Data stored on a computer should be protected by strong passwords (please refer to the information security policy).
• Data stored on CDs or memory sticks must be locked away securely when they are not being used
• The DPO must approve any cloud used to store data
• Servers containing personal data must be kept in a secure location, away from general office space
• Data should be regularly backed up in line with the company's backup procedures
• Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
• All servers containing sensitive data must be approved and protected by security software and strong firewall.

Data retention

Personal data may only be retained based on a ‘current' lawful basis and legitimate purpose. We must retain personal data for no longer than is necessary.

Transferring data internationally

There are restrictions on international transfers of personal data. You must not transfer personal data anywhere outside the UK/Ireland without first consulting the Data Protection Officer.

Subject access requests

Please note that under the General Data Protection Regulation, individuals are entitled, subject to certain exceptions, to request access to information held about them.

If you receive a subject access request, you should refer that request immediately to the DPO. We may ask you to help us comply with those requests.

Please contact the Data Protection Officer if you would like to correct or request information that we hold about you. There are also restrictions on the information to which you are entitled under applicable law.

Processing data in accordance with the individual's rights

You should abide by any request from an individual not to use their personal data for direct marketing purposes and notify the DPO about any such request.

Do not send direct marketing material to someone electronically (e.g. via email) unless you have an existing business relationship with them in relation to the services being marketed.

Please contact the DPO for advice on direct marketing before starting any new direct marketing activity.

Training

All staff will receive training on this policy. New joiners will receive training as part of the induction process. Further training will be provided at least every six months or whenever there is a substantial change in the law or our policy and procedure.

Training is provided through an in-house seminar on a regular basis.

It will cover:

• The law relating to data protection
• Our data protection and related policies and procedures.

Completion of training is compulsory.

 

GDPR provisions

Where not specified previously in this policy, the following provisions will be in effect on or before 25 May 2018.

Privacy Notice - transparency of data protection

Being transparent and providing accessible information to individuals about how we will use their personal data is important for our organisation. The following is the information that every privacy notice needs to include:

• Identity and contact details of the controller, their representative or the Data Protection Officer
• Purpose and lawful basis for processing
• Legitimate interests of the controller and third party, where applicable
• The categories of data held (not required if data came from the subject)
• Any recipient or categories of recipients of the personal data
• Details of transfers to third countries and safeguards
• Retention period or criteria used to determine the retention period of the data
• The existence of each of the data subjects rights
• The right to withdraw consent at any time, where relevant
• The right to lodge a complaint with a supervisory authority
• The source of the personal data and whether it came from publicly accessible sources (not required if data came from the subject)
• Whether the personal data is part of a statutory or contractual requirement or obligation and possible consequences of failing to provide the personal data
• The existence of automated decision making, including profiling, and information about how decisions are made, the significance and the consequences

Conditions for processing

We will ensure any use of personal data is justified using at least one of the lawful conditions for processing and this will be specifically documented. All staff who are responsible for processing personal data will be aware of the conditions for processing. The conditions for processing will be available to data subjects in the form of a privacy notice.

Justification for personal data

We will process personal data in compliance with all six data protection principles.

We will document the additional justification for the processing of sensitive data.

Consent

The personal data that we collect is subject to a positive action by the subject, which needs to be documented, to validate that ‘Consent' is the lawful basis for processing that personal data. Consent can be revoked but the subject at any time.

Data portability

Upon request, a data subject should have the right to receive a copy of their data in a structured format. These requests should be processed within one month, provided there is no undue burden and it does not compromise the privacy of other individuals. A data subject may also request that their data is transferred directly to another system. This must be done for free.

Right to be forgotten

A data subject may request that any information held on them is deleted or removed, and any third parties who process or use that data must also comply with the request. An erasure request can only be refused if an exemption applies.

Privacy by design and default

Privacy by design is an approach to projects that promote privacy and data protection compliance from the start. The DPO will be responsible for conducting Privacy Impact Assessments and ensuring that all IT projects commence with a privacy plan.

International data transfers

No data may be transferred outside of the EU without first discussing it with the data protection officer.

Data audit and register

Regular personal data audits to manage and mitigate risks will be conducted using a Data Protection Impact Analysis (DPIA). The DPIA contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant.

Reporting breaches

All members of staff have an obligation to report actual or potential data protection compliance failures. This allows us to:

• Investigate the failure and take remedial steps if necessary
• Maintain a register of compliance failures
• Notify the Supervisory Authority (SA) of any compliance failures that are material either in their own right or as part of a pattern of failures

Please refer to our Compliance Failure Policy for our reporting procedure.

Monitoring

Everyone must observe this policy. The DPO has overall responsibility for this policy. They will monitor it regularly to make sure it is being adhered to.

Consequences of failing to comply

We take compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk.

The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures which may result in dismissal. If you have any questions or concerns about anything in this policy, do not hesitate to contact the DPO.