Data Protection Policy

Introduction

Wellics Limited is committed to conducting its business in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct.

This policy details expected behaviours of Wellics Limited Employees and Third Parties in relation to the collection, use, retention, transfer, disclosure and destruction of any Personal Data belonging to a Wellics Limited’ Customers and Staff (i.e. the Data Subject) and irrespective of the media used to store the information.

Personal Data is any information (including opinions and intentions) which relates to an identified or Identifiable Natural Person. Personal Data is subject to certain legal safeguards and other regulations, which impose restrictions on how organisations may process Personal Data.

An organisation that handles personal data and makes decisions about its use is known as a Data Controller. Wellics Limited’, as a Data Controller, is responsible for ensuring compliance with the Data Protection requirements outlined in this policy.

Non-compliance may expose Wellics Limited to complaints, regulatory action, fines and/or reputational damage.

Wellics Limited leadership team is fully committed to ensuring continued and effective implementation of this policy and expects all Wellics Limited Employees, Volunteers and Third Parties to share in this commitment.

Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.

1. Scope

1.1. This policy applies to all Wellics Limited Entities where a Data Subject’s personal data is processed:

• in the context of the business activities of Wellics Limited Entity
• for the provision or offer of goods or services to individuals (including those provided or
  offered free-of-charge) by Wellics Limited
• to actively monitor the behaviour of individuals.

• taking a decision about them
• analysing or predicting their personal preferences, behaviours and attitudes.

1.3. This policy applies to all processing of personal data in electronic form (including electronic mail and documents created with word processing software) or where it is held in manual files that are structured in a way that allows ready access to information about individuals.

1.4. This policy has been designed to establish a baseline standard for the processing and protection of personal data by all Wellics Limited Employees. Where national law imposes a requirement that is stricter than that imposed by this policy, the requirements in national law must be followed. Furthermore, where national law imposes a requirement that is not addressed in this policy, the relevant national law must be adhered to.

1.5. The protection of personal data belonging to Wellics Limited Employees is not within the scope of this policy.

1.6. The DPO is responsible for overseeing this Privacy Standard and, as applicable, developing Related Policies and Privacy Guidelines.

1.7. Please contact the DPO with any questions about the operation of this Privacy Standard or the GDPR, or if you have any concerns that this Privacy Standard is not being or has not been followed. In particular, you must always contact the DPO in the following circumstances:

• if you are unsure of the lawful basis which you are relying on to process Personal Data
• if you need to rely on Consent and/or need to capture Explicit Consent
• if you need to draft Privacy Notices or Fair Processing Notices
• if you are unsure about the retention period for the Personal Data being Processed
• if you are unsure about what security or other measures you need to implement to protect
  Personal Data
• if there has been a Personal Data Breach
• if you are unsure on what basis to transfer Personal Data outside the EEA
• if you need any assistance dealing with any rights invoked by a Data Subject
• whenever you are engaging in a significant new, or change in, Processing activity which is
  likely to require a DPIA or plan to use Personal Data for purposes others than what it was
  collected for
• if you plan to undertake any activities involving Automated Processing including profiling or
  Automated Decision-Making
• if you need help complying with applicable law when carrying out direct marketing activities;
  or
• if you need help with any contracts or other areas in relation to sharing Personal Data with
  Third Parties (including our vendors).

2. Definitions

3. Policy

3.1. Governance

3.1.1. Policy Dissemination and Enforcement

The management team of Wellics Limited must ensure that all Wellics Limited Employees
responsible for the Processing of Personal Data are aware of and comply with the contents of this policy. In addition, Wellics Limited will make sure all Third Parties engaged to Process Personal Data on their behalf (i.e. their Data Processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all Third Parties, whether companies or individuals, prior to granting them access to Personal Data controlled by Wellics Limited.

3.1.2. Data Protection by Design

To ensure that all Data Protection requirements are identified and addressed when designing new systems or processes and/or when reviewing or expanding existing systems or processes, each of them must go through an approval process before continuing. Wellics Limited must ensure that a Data Protection Impact Assessment (DPIA) is conducted, for all new and/or revised systems or processes for which it has responsibility. Wellics Limited should consult with a Data Protection subject matter expert during the course of completing the DPIA. The subsequent findings of the DPIA must then be submitted to the senior risk office for Wellics Limited for review and approval. Where applicable, the Information Technology (IT) department, as part of its IT system and application design review process, will cooperate with the Data Protection subject matter expert to assess the impact of any new technology uses on the security of Personal Data.

3.1.3. Compliance Monitoring

To confirm that an adequate level of compliance is being achieved by Wellics Limited in relation to this policy, Wellics Limited will carry out an annual Data Protection compliance audit. Each audit will, as a minimum, assess compliance with this policy and the operational practices in relation to the protection of Personal Data, including:

• the assignment of responsibilities
• raising awareness
• training of Employees
• adequacy of organisational and technical controls to protect Personal Datag
• records management procedures (including data minimisation)
• adherence to the qualified rights of the Data Subject
• Privacy by Design and Default
• consent for direct marketing
• Personal Data transfers
• Personal Data incident management (including Personal Data breaches)
• Personal Data complaints handling
• the currency of Data Protection policies and Privacy Notices
• the accuracy of Personal Data being stored
• the conformity of Data Processor activities
• the adequacy of procedures for redressing poor compliance.

Any major deficiencies identified will be reported to and monitored by Wellics Limited Management Team.

3.2. Principles

3.2.1. Data Protection

Wellics Limited has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of Personal Data.

3.2.2. Accountability

The Data Controller shall be responsible for, and be able to demonstrate, compliance. This means Wellics Limited must demonstrate that the six Data Protection Principles (outlined above) are met for all Personal Data for which it is responsible.

3.3. Data Collection

Personal Data should be collected only from the Data Subject unless one of the following applies:

• The nature of the business purpose necessitates collection of the Personal Data from other
  persons or bodies.
• The collection must be carried out under emergency circumstances in order to protect the
  vital interests of the Data Subject or to prevent serious loss or injury to another person.
• If Personal Data is collected from someone other than the Data Subject, the Data Subject
  must be informed of the collection unless one of the following apply:
  • the Data Subject has received the required information by other means
  • the information must remain confidential due to a professional secrecy obligation
  • a national law expressly provides for the collection, Processing or transfer of the
    Personal Data.

Where it has been determined that notification to a Data Subject is required, notification should occur promptly, but in no case later than:

• one calendar month from the first collection or recording of the Personal Data
• at the time of first communication, if used for communication with the Data Subject
• at the time of disclosure, if disclosed to another recipient.

3.3.1. Data Subject Consent

Wellics Limited will obtain Personal Data only by lawful and fair means and, where appropriate, with the knowledge and Consent of the individual concerned.

Where a need exists to request and receive the Consent, via an agreement or positive action, from an individual prior to the collection, use or disclosure of their Personal Data, Wellics Limited is committed to seeking such Consent.

Wellics Limited shall establish a system for obtaining and documenting Data Subject consent for the collection, processing, and/or transfer of their personal data. The system must include provisions for:

• determining what disclosures should be made in order to obtain valid Consent
• ensuring the request for Consent is presented in a manner which is clearly distinguishable from any other matters, is made in an intelligible and easily accessible form, and uses clear and plain language
• ensuring the Consent is freely given (i.e. is not based on a contract that is conditional to the processing of Personal Data that is unnecessary for the performance of that contract)
• documenting the date, method and content of the disclosures made, as well as the validity,
  scope, and volition of the Consents given
• providing a simple method for a Data Subject to withdraw their Consent at any time.

3.3.2. External Privacy Notes

Each external website provided by Wellics Limited will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.

3.4. Data Use

3.4.1. Data Processing

Wellics Limited uses the Personal Data of its Customers for the following broad purposes:

• the general running and business administration of Wellics Limited
• to provide goods or services to Wellics Limited customers.
• the ongoing administration and management of customer services.

The use of a Customer’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a Customer’s expectations that their details will be used by Wellics Limited to respond to a Customer’s request for information about the products and services on offer. However, it will not be within their reasonable expectations that Wellics Limited would then provide their details to Third Parties for marketing purposes.

Wellics Limited will Process Personal Data in accordance with all applicable laws and applicable
contractual obligations. More specifically, Wellics Limited will not Process Personal Data unless at least one of the following requirements are met:

• The Data Subject has given Consent to the Processing of their Personal Data for one or more specific purposes.
• Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract.
• Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.
• Processing is necessary in order to protect the vital interests of the Data Subject or of
  another natural person.
• Processing is necessary for the performance of a task carried out in the public interest or in
  the exercise of official authority vested in the Data Controller.
• Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a Third Party (except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject, in particular where the Data Subject is a child).

There are some circumstances in which Personal Data may be further processed for purposes that go beyond the original purpose for which the Personal Data was collected.

3.4.2. Special Categories of Data

Special categories or data (also known as sensitive data) include the following:

• racial or ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• data concerning sex life, sexual orientation or health
• genetic data
• biometric data, where processed in a manner that will uniquely identify a person.

Wellics Limited will only Process Special Categories of Data where the Data Subject expressly Consents to such Processing or where one of the following conditions apply:

• The Processing relates to Personal Data which has already been made public by the Data Subject.
• The Processing is necessary for the establishment, exercise or defence of legal claims.
• The Processing is specifically authorised or required by law.
• The Processing is necessary to protect the vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving Consent.
• Further conditions, including limitations, based upon national law related to the Processing of genetic data, biometric data or data concerning health.

Where Special Categories of Data are being Processed, Wellics Limited will adopt additional protection measures.

3.4.3. Data Quality

Wellics Limited will adopt all necessary measures to ensure that the Personal Data it collects and processes is complete and accurate in the first instance and is updated to reflect the current situation of the Data Subject.

The measures adopted by Wellics Limited to ensure data quality include:

• correcting Personal Data known to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the Data Subject does not request rectification
• keeping Personal Data only for the period necessary, to satisfy the permitted uses or
  applicable statutory retention period
• the removal of Personal Data if in violation of any of the Data Protection principles or if the
  Personal Data is no longer required
• restriction, rather than deletion of Personal Data, insofar as:
  
  • a law prohibits erasure
  • erasure would impair legitimate interests of the Data Subject
  • the Data Subject disputes that their Personal Data is correct and that it cannot be clearly ascertained whether their information is correct or incorrect.

3.4.4. Profiling and Automated Decision-Making

Wellics Limited will only engage in Profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the Data Subject or where it is authorised by law.

Where Wellics Limited utilises Profiling and automated decision-making, this will be disclosed to the relevant Data Subjects. In such cases, the Data Subject will be given the opportunity to:

• obtain an explanation for the automated decision
• review the logic used by the automated system
• supplement the automated system with additional data
• have a human carry out a review of the automated decision
• contest the automated decision
• object to the automated decision-making being carried out.

Wellics Limited must also ensure that all Profiling and automated decision-making relating to a Data Subject is based on accurate data. Appropriate mathematical or statistical profiling procedures must be in place, and the Data Controller must ensure suitable technical and organisational measures are undertaken to minimise the risk of errors.

3.4.5. Direct Marketing

As a general rule, Wellics Limited will not send promotional or direct marketing material to a Wellics Limited Customers through digital channels such as mobile phones, email and the Internet, without first obtaining their Consent.

The GDPR and Privacy and Electronic Communications Regulation (PECR), (which governs Direct Marketing Activities within the EU) imports the GDPR standard for consent. That is:

• The consent must be freely given, specific, informed and unambiguous.
• The consent must be expressed by a statement or clear affirmative action. Silence, pre-ticked boxes or inactivity should therefore not constitute consent.
• The consent must be as easy to withdraw as it was to provide consent in the first place.
• The organisation must be able to demonstrate that the individual has consented.
• The consent language must be intelligible and use clear and plain language.

Contacting recipients via email to establish whether consent is in place also constitutes direct marketing and is prohibited without first obtaining consent from the customer.

The request for consent must be clearly distinguished from other matters. New marketing rules will apply equally to B2B and B2C marketing. Prior consent, before sending commercial electronic communications for direct marketing purposes will be required. This would mean if Wellics Limited were proposing to email prospective or existing customers the Company would have to obtain prior opt-in/subscribe consent from individual members.

Where Personal Data Processing is approved for digital marketing purposes, the Data Subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data Processed for such purposes. If the Data Subject puts forward an objection, digital marketing related Processing of their Personal Data must cease immediately, and their details should be kept on a suppression list with a record of the opt-out decision, rather than being completely deleted.

It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals, provided that they are given the opportunity to opt-out.

A soft opt-in also remains for the use of e-mail contact details within the context of an existing customer relationship where Wellics Limited has obtained personal details during the course of a previous sale or transaction.

3.5. Data Retention

To ensure fair Processing, Personal Data will not be retained by Wellics Limited for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further Processed.

The length of time for which Wellics Limited needs to retain Personal Data is set out in Wellics Limited Data Retention Schedule. This considers the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All Personal Data should be securely deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.

3.6. Data Protection

3.6.1. Wellics Limited will adopt physical, technical, and organisational measures to ensure the security and protect the confidentiality, integrity and availability of the Personal Data, defined as follows: 

• Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
• Integrity means that Personal Data is accurate and suitable for the purpose for which it is
  processed.
• Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes

This includes the prevention of loss or damage, unauthorised alteration, access or Processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment.

3.6.2. A summary of the Personal Data related