Data Retention Policy

 

  1. Introduction

This Policy sets out the obligations of Charles Conrad Watches 39-43 Monument Hill, Belgrave House, Weybridge, KT13 8RN (“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, 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.

 

  1. 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.

 

  1. 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 Company is stored in the following ways and in the following locations:
      1. The Company’s servers located in the Company’s premises at Unit 17, IO Centre, 57a Croydon Road, Beddington, Croydon, CR0 4WQ;
      2. Third-party servers, operated on our behalf;
      3. The Company’s computers permanently located in the Company’s premises at Unit 17, IO Centre, 57a Croydon Road, Beddington, Croydon, CR0 4WQ;
      4. Laptop computers and other mobile devices provided by the Company to its employees;
      5. Computers and mobile devices owned by employees, agents, and sub-contractors used in accordance with the Company’s Bring Your Own Device (“BYOD”) Policy;
      6. Physical records stored in the Company’s premises at Unit 17, IO Centre, 57a Croydon Road, Beddington, Croydon, CR0 4WQ.

 

  1. 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, 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, and further rights relating to automated decision-making and profiling.

 

  1. 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.

 

  1. 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).

Type of Data

Purpose of Data

Retention Period

Company records

Certificate of incorporation, share certificates, etc

Permanently

 

 

 

Agreements

All contracts with: customers, suppliers, agents

10 years after expiry

Agreements

Licensing agreements

10 years after expiry

Agreements

Rental & hire purchase

10 years after expiry

Agreements

Indemnities & guarantees

10 years after expiry

Agreements

Any other agreement or contract

10 years after expiry

 

 

 

Property records

Deeds of title

Until sold or transferred

Property records

Leases

12yrs after termination & any terminal queries (e.g. Dilapidations) have been settled 6yrs after completion

Property records

 

Agreements with architects, builders

6yrs after completion

Property records

Reports and opinions

10yrs after  correspondence

Pension records

All trust deeds & rules

Permanently or, if merged with another fund, 12yrs after merging

Pension records

Accounts & supporting

documents

6yrs from date accounts signed

Pension records

Inland Revenue approvals

Permanently or, if merged with another fund, 12yrs after merging

Pension records

Records of pensioners

12yrs after benefit ceases

Pension records

Records of ex-pensioners

Permanently or, if merged with another fund, 12yrs after merging

Pension records

Group health policies

12yrs after cessation of benefit

Pension records

Group personal accident policies

6yrs after yr.in which event occurred

 

 

 

Banking records

Cheques, bills of exchange & other negotiable instruments

6yrs

Banking records

Paying-in counterfoils

6yrs

Banking records

Bank statements & reconciliations

6yrs

Banking records

Foreign exchange rates

15yrs

Banking records

Instructions to banks

6yrs after ceasing to be effective

 

 

 

Insurance records

Public liability polices

Permanently

Insurance records

Product liability

Permanently

Insurance records

Employers’ liability policies

Permanently

Insurance records

Insurance schedules

7yrs

Insurance records

Group Health policies

12yrs after cessation of benefit

Insurance records

Group personal accident policies

12yrs after cessation of benefit

Insurance records

Personal claims

7yrs from date of claim

Insurance records

Other policies

Until claims under policy are barred

 

 

 

Accounting and tax records

To comply with the companies Act 1985 (this includes all subsidiary records to support annual accounts)

3yrs

Accounting and tax records

Budgets &Periodic internal financial reports e.g. to board (Master)

2yrs

Accounting and tax records

Taxations returns and records

10yrs

Accounting and tax records

VAT records

6yrs

Accounting and tax records

Income Tax &NI returns, including correspondence with Tax Office

3yrs after end of FY to which records relate

Accounting and tax records

Income & expenditure

7yrs

 

 

 

Employee records

Personal & training records (including disciplinary & grievance hearing notes)

6yrs after employment ceases; could be longer with agreement of individual

Employee records

Appointment & staff appraisal records

5yrs

Employee records

Redundancy records

12yrs from date of redundancy

Employee records

Senior executive records

Permanently

Employee records

Contact details kept on personal files (e.g.

card index, MS Outlook)

Until it is apparent the person is no longer a the named location

Employee records

Personal information of any sort on a web

page or site

No longer than the period specifically agreed with the individual

Employee records

Payrolls & wage records (including

overtime, bonuses and expenses)

6yrs

Employee records

Statutory Sick pay records & calculations

3yrs after end of FY to which records relate

Employee records

Income Tax records (e.g. P45, P60, P58, P48)

6yrs

Employee records

Annual return of taxable pay & tax paid

6yrs

 

 

 

Contractual agreements

Contracts

12yrs after expiry

 

 

 

Health and safety records

Record of consultations with safety representatives & committees

Permanently

Health and safety records

Training records relating to safety at work

Permanently

Health and safety records

Occupational Health records

During employment

Health and safety records

Under COSHH Regulations

40yrs

Health and safety records

Classifications data under Chemicals (Hazard Information & Packaging for Supply) Regulations 1994

3yrs

 

 

 

Transport records

Drivers log books

5 years after completion

Transport records

Vehicle mileage records

2 years after vehicle disposed of unless liability claims

Transport records

Vehicle maintenance records

2 years after vehicle disposed of unless liability claims

Transport records

MOT records

2 years after vehicle disposed of unless liability claims

Transport records

Registration records

2 years after vehicle disposed of unless liability claims


  1. Roles and Responsibilities
    • 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.
    • 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.

 

  1. Implementation of Policy

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

 

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