This Policy sets out the obligations of Chris Burton, (the Company), regarding data protection and the
rights of Customers, business contacts, suppliers and employees (ìdata subjectsî) in respect
of their personal data under EU Regulation 2016/679 General Data Protection Regulation
The GDPR defines personal dataî 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.
This Policy sets the company’s obligations regarding the collection, processing, transfer,
storage, and disposal of personal data. The procedures and principles set out herein must be
followed at all times by our company, our employees, agents, contractors, or other parties
working on behalf of Chris Burton.
Chris Burton is committed not only to the letter of the law, but also to the spirit of the law and
places high importance on the correct, lawful, and fair handling of all personal data,
respecting the legal rights, privacy, and trust of all individuals with whom it deals.
THE DATA PROTECTION PRINCIPLES
We are committed to complying with the GDPR and the 8 data protection principles contained in
Schedule 1 of the Data Protection Act. This Policy identifies the principles to which we as
data controller and our approved data processors, handling and processing personal data will
comply. To this end we ensure:
- Personal data will be processed lawfully, fairly, and in a transparent manner in
relation to the data subject. It will not be processed unless it meets the conditions of
processing in schedules 2 and 3 of the Data Protection Act (i.e. at least one of the
conditions from schedule 2 is met and where relating to sensitive personal data, at
least one of the conditions in schedule 3 is also met). Principle 1 – Fair and lawful.
- Personal data will be 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 will not be considered to be incompatible with
the initial purposes. Principle 2 – Purposes.
- Personal data will be adequate, relevant, and limited to what is necessary in relation
to the purposes for which it is processed. Principle 3 – Adequacy.
- Personal data will be accurate and, where necessary, kept up to date. We will take
reasonable steps to ensure that personal data is inaccurate, having regard to the
purposes for which it is processed and that it is erased or rectified without delay.
Principle 4 – Accuracy.
- Personal data, in a form which permits identification of data subjects, will not be kept
for any longer than is necessary for the purposes for which the personal data is
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, subject to implementation of the
appropriate technical and organisational measures required by the GDPR in order to
safeguard the rights and freedoms of the data subject. Principle 5 – Retention.
- Personal data will be processed in accordance with the rights of data subjects under
this Act. Principle 6 – Rights.
- Organisation and technical measures are in place that ensures appropriate security of
the personal data, including protection against unauthorised or unlawful processing,
accidental loss, destruction, or damage. Principle 7 – Security.
- Personal data will not be transferred to a country or territory outside the European
Economic Area (EEA) unless we can confirm that the country or territory can ensure an
adequate level of protection for the rights and freedoms of data subjects in relation to
the processing of personal data. Principle 8 – International.
THE RIGHTS OF DATA SUBJECTS
The GDPR sets out the following rights applicable to data subjects (please refer to the parts
of this policy indicated for further details):
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure (also known as “the right to be forgotten”);
- The right to restrict processing;
- The right to data portability;
- The right to object; and
- Rights with respect to automated decision-making and profiling.
LAWFUL, FAIR, AND TRANSPARENT DATA PROCESSING
The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently,
without adversely affecting the rights of the data subject. The GDPR states that processing
of personal data will be lawful if at least one of the following applies:
- The data subject has given consent to the processing of their personal data for one or
more specific purposes;
- The processing is necessary for the performance of a contract to which the data subject
is a party, or in order to take steps at the request of the data subject prior to
entering into a contract with them;
- The processing is necessary for compliance with a legal obligation to which the data
controller is subject;
- The processing is necessary to protect the vital interests of the data subject or of
another natural person;
- The 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; or
- The 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
fundamental rights and freedoms of the data subject which require protection of personal
data, in particular where the data subject is a child.
SPECIFIED, EXPLICIT, AND LEGITIMATE PURPOSES
Chris Burton collects and processes the personal data set out within this Policy which equates to
personal data collected directly from data subjects
Chris Burton only collects, processes, and holds personal data for the specific purposes set out in
this Policy (or for other purposes expressly permitted by the GDPR).
Data subjects are kept informed at all times of the purpose or purposes for which Chris Burton uses
their personal data. Please refer to information within keeping data subjects informed
section of this policy.
ADEQUATE, RELEVANT, AND LIMITED DATA PROCESSING
Chris Burton will only collect and process personal data for and to the extent necessary for the
specific purpose or purposes of which data subjects have been informed (or will be
ACCURACY OF DATA AND KEEPING DATA UP-TO-DATE
Chris Burton will ensure that all personal data collected, processed, and held is kept accurate and
up-to-date. This includes, but is not limited to, the rectification of personal data at the
request of a data subject, as detailed below in a separate section.
The accuracy of personal data will be checked when it is collected and at regular intervals
thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable
steps will be taken without delay to amend or erase that data, as appropriate.
Chris Burton will not keep personal data for any longer than is necessary in light of the purpose or
purposes for which that personal data was originally collected, held, and processed.
When personal data is no longer required, all reasonable steps will be taken to erase or
otherwise dispose of it without delay.
For full details of Chris Burton’s approach to data retention, including retention periods for
specific personal data types held by Chris Burton, please refer to our Data Retention Policy.
Chris Burton will ensure that all personal data collected, held, and processed is kept secure and
protected against unauthorised or unlawful processing and against accidental loss,
destruction, or damage. Further details of the technical and organisational measures taken
are provided later in this Policy.
TRANSFERRING PERSONAL DATA
Chris Burton will verify all destinations where there is a requirement to transfer personal data to
ensure that the country or territory is within the EEA. Where we determine that the personal
data is to be transferred out with the EEA, we will ensure that there is sufficient level of
protection for the rights and freedoms of data beforehand. No personal data will be
transferred unless assurances can be gained.
ACCOUNTABILITY AND RECORD-KEEPING
Liam Watson, the IT & Technical Co-ordinator will be responsible for overseeing the
implementation of this Policy and for monitoring compliance with this Policy, Chris Burton’s other
data protection-related policies, and with the GDPR and other applicable data protection
We will keep written internal records of all personal data collection, holding, and
processing, which will incorporate the following information:
- The name and details of the Company and any applicable third-party data processors;
- The purposes for which Chris Burton collects, holds, and processes personal data;
- Details of the categories of personal data collected, held, and processed by Chris Burton, and
the categories of data subject to which that personal data relates;
- Details of any transfers of personal data to non-EEA countries including all mechanisms
and security safeguards;
- Details of how long personal data will be retained by Chris Burton (please refer to our separate
Data Retention Policy); and
- Detailed descriptions of all technical and organisational measures taken by Chris Burton to
ensure the security of personal data.
DATA PROTECTION IMPACT ASSESSMENTS
Chris Burton will carry out Data Protection Impact Assessments for any and all new projects and/or new
uses of personal data which involve the use of new technologies and the processing involved
is likely to result in a high risk to the rights and freedoms of data subjects under the
Data Protection Impact Assessments will be overseen by Liam Watson and will address the
- The type(s) of personal data that will be collected, held, and processed;
- The purpose(s) for which personal data is to be used;
- Chris Burton’s objectives;
- How personal data is to be used;
- The parties (internal and/or external) who are to be consulted;
- The necessity and proportionality of the data processing with respect to the purpose(s)
for which it is being processed;
- Risks posed to data subjects;
- Risks posed both within and to Chris Burton; and
- Proposed measures to minimise and handle identified risks.
KEEPING DATA SUBJECTS INFORMED
Chris Burton will provide the information to every data subject. Where personal data is collected
directly from data subjects, those data subjects will be informed of its purpose at the time
Where personal data is obtained from a third party, the relevant data subjects will be
informed of its purpose:
- If the personal data is used to communicate with the data subject, we will when the
first communication is made; or
- If the personal data is to be transferred to another party, before that transfer is
- As soon as reasonably possible and in any event not more than one month after the
personal data is obtained. The following information will be provided:
THE FOLLOWING INFORMATION WILL BE PROVIDED:
- Details of the Company;
- The purpose(s) for which the personal data is being collected and will be processed) and
the legal basis justifying that collection and processing;
- Where applicable, the legitimate interests upon which Chris Burton is justifying its collection
and processing of the personal data;
- Where the personal data is not obtained directly from the data subject, the categories
of personal data collected and processed;
- Where the personal data is to be transferred to one or more third parties, details of
- Where the personal data is to be transferred to a third party that is located outside of
the European Economic Area (the “EEA”), details of that transfer, including but not
limited to the safeguards in place.
- Details of data retention;
- Details of the data subject’s rights under the GDPR;
- Details of the data subject’s right to withdraw their consent to Chris Burton’s processing of
their personal data at any time;
- Details of the data subject’s right to complain to the Information Commissioner’s Office
(the “supervisory authority” under the GDPR);
- Where applicable, details of any legal or contractual requirement or obligation
necessitating the collection and processing of the personal data and details of any
consequences of failing to provide it; and
- Details of any automated decision-making or profiling that will take place using the
personal data, including information on how decisions will be made, the significance of
those decisions, and any consequences.
DATA SUBJECT ACCESS
Data subjects may make subject access requests (“SARs”) at any time to find out more about
the personal data which Chris Burton holds about them, what it is doing with that personal data, and
why. Employees wishing to make a SAR should do using a Subject Access Request Form, sending
the form to, Liam Watson, IT & Technical Co-ordinator. Responses to SARs will normally
be made within one month of receipt, however this may be extended by up to two months if the
SAR is complex and/or numerous requests are made. If such additional time is required, the
data subject will be informed. Chris Burton does not charge a fee for the handling of normal SARs.
Chris Burton reserves the right to charge reasonable fees for additional copies of information that
has already been supplied to a data subject, and for requests that are manifestly unfounded
or excessive, particularly where such requests are repetitive.
RECTIFICATION OF PERSONAL DATA
Data subjects have the right to require Chris Burton to rectify any of their personal data that is
inaccurate or incomplete. Chris Burton will rectify the personal data in question, and inform the
data subject of that rectification, within one month of the data subject informing Chris Burton of
the issue. The period can be extended by up to two months in the case of complex requests.
If such additional time is required, the data subject will be informed. In the event that
any affected personal data has been disclosed to third parties, those parties will be
informed of any rectification that must be made to that personal data.
ERASURE OF PERSONAL DATA
Data subjects have the right to request that Chris Burton erases the personal data it holds about them
in the following circumstances:
- It is no longer necessary for Chris Burton to hold that personal data with respect to the
purpose(s) for which it was originally collected or processed;
- The data subject wishes to withdraw their consent to Chris Burton holding and processing their
- The data subject objects to Chris Burton holding and processing their personal data (and there is
no overriding legitimate interest to allow Chris Burton to continue doing so) (see the Objections
to Personal Data Processing section of this Policy for further details concerning the
right to object);
- The personal data has been processed unlawfully;
- The personal data needs to be erased in order for Chris Burton to comply with a particular legal
Unless Chris Burton has reasonable grounds to refuse to erase personal data, all requests for erasure
will be complied with, and the data subject informed of the erasure, within one month of
receipt of the data subject’s request. The period can be extended by up to two months in the
case of complex requests. If such additional time is required, the data subject will be
In the event that any personal data that is to be erased in response to a data subject’s
request has been disclosed to third parties, those parties will be informed of the erasure
(unless it is impossible or would require disproportionate effort to do so).
RESTRICTION OF PERSONAL DATA PROCESSING
Data subjects may request that Chris Burton ceases processing the personal data it holds about them.
If a data subject makes such a request, we will retain only the amount of personal data
concerning that data subject (if any) that is necessary to ensure that the personal data in
question is not processed further.
In the event that any affected personal data has been disclosed to third parties, those
parties will be informed of the applicable restrictions on processing it (unless it is
impossible or would require disproportionate effort to do so).
OBJECTIONS TO PERSONAL DATA PROCESSING
Data subjects have the right to object to Chris Burton processing their personal data based on
legitimate interests, direct marketing (including profiling).
Where a data subject objects to Chris Burton processing their personal data based on its legitimate
interests, we will cease such processing immediately, unless it can be demonstrated that our
legitimate grounds for such processing override the data subject’s interests, rights, and
freedoms, or that the processing is necessary for the conduct of legal claims.
Where a data subject objects to Chris Burton processing their personal data for direct marketing
purposes, we will cease such processing immediately.
PERSONAL DATA COLLECTED, HELD, AND PROCESSED
There is a separate policy (The Employee Privacy Notice), which identifies personal data
collected, held, and processed by Chris Burton for employees and one for potential employees
(for details of data retention, please refer to Total Recycling Services Data Retention
|Purpose / Activity
||Type of Data
||Lawful basis for processing including basis of legitimate
|To register a new customer
||(a) Identity – first name, surname, (b) Contact – email address
||Performance of a contract
|To make a sales transaction
||Performance of a contract (only if sole trader using own name for company)
|Movement of waste
||(a) Identity, (b) Signature
|Competence compliance – sub-contractor and agency workers
||(a) identity, (b) qualification record / card, (c) photograph, (d) endorsement
||To meet contractual obligations
DATA SECURITY – TRANSFERRING PERSONAL DATA AND COMMUNICATIONS
Chris Burton will ensure that the following measures are taken with respect to all communications and
other transfers involving personal data:
- All emails containing personal data will be encrypted;
- All emails containing personal data will be marked “confidential”;
- Personal data will be transmitted over secure networks only; transmission over unsecured
networks will not be permitted in any circumstances;
- Personal data will not be transmitted over a wireless network if there is a wired
alternative that is reasonably practicable;
- Personal data, not already in the public domain or where lawful basis exists, contained
in the body of an email, whether sent or received, will be copied from the body of that
email and stored securely. The email itself will be deleted. All temporary files
associated therewith will also be deleted subject to the same criteria (i.e. information
not already widely available in the public domain or lawful basis not obtained);
- Where personal data is sent by facsimile transmission the recipient will be informed in
advance of the transmission so that they can prepare for its arrival by waiting by the
fax machine to receive the data;
- Where personal data is to be transferred in hardcopy form it will be passed directly to
the recipient or sent using a tracked or registered postal service; and
- All personal data to be transferred physically, whether in hardcopy form or on removable
electronic media will be transferred in a suitable container marked “confidential”.
- A Data Processing Agreement will be implemented and signed where 3rd party processors
are utilised or are required to process personal and sensitive data.
DATA SECURITY – STORAGE
Chris Burton will ensure that the following measures are taken with respect to the storage of personal
- All electronic copies of personal data will be stored securely using passwords and data
- All hardcopies of personal data, along with any electronic copies stored on physical,
removable media will be stored securely in a locked box, drawer, cabinet, or similar;
- All personal data stored electronically will be backed up frequently with backups. All
backups should be encrypted;
- No personal data will be stored on any mobile device (including, but not limited to,
laptops, tablets, and smartphones), whether such device belongs to Chris Burton or otherwise
without the formal written approval of Alex Foreman, Managing Director and, in the event
of such approval, strictly in accordance with all instructions and limitations described
at the time the approval is given, and for no longer than is absolutely necessary; and
- No personal data will be transferred to any device personally belonging to an employee
and personal data will only be transferred to devices belonging to agents, contractors,
or other parties working on behalf of Chris Burton where the party in question has agreed to
comply fully with the letter and spirit of this Policy and of the GDPR (which may
include demonstrating to Chris Burton that all suitable technical and organisational measures
have been taken).
DATA SECURITY – DISPOSAL
When any personal data is to be erased or otherwise disposed of for any reason (including
where copies have been made and are no longer needed), it will be securely deleted and
disposed of. For further information on the deletion and disposal of personal data, please
refer to Chris Burton’s Data Retention Policy.
DATA SECURITY – USE OF PERSONAL DATA
Chris Burton will ensure that the following measures are taken with respect to the use of personal
- No personal data will be shared informally and if an employee, agent, sub-contractor, or
other party working on behalf of Chris Burton requires access to any personal data that they do
not already have access to, such access should be formally requested from Alex Foreman,
- No personal data will be transferred to any employees, agents, contractors, or other
parties, whether such parties are working on behalf of Chris Burton or not, without the
authorisation of Alex Foreman, Managing Director;
- Personal data will be handled with care at all times and should not be left unattended
or on view to unauthorised employees, agents, sub-contractors, or other parties at any
- If personal data is being viewed on a computer screen and the computer in question is to
be left unattended for any period of time, the user will lock the computer and screen
before leaving it; and
- Where personal data held by Chris Burton is used for marketing purposes, it will be the
responsibility of Alex Foreman, Managing Director to ensure that there is a legitimate
interest or appropriate consent is obtained and that no data subjects have opted out,
whether directly or via a third-party service such as the TPS.
DATA SECURITY – IT SECURITY
Chris Burton will ensure that the following measures are taken with respect to IT and information
- All passwords used to protect personal data will be changed regularly and will not use
words or phrases that can be easily guessed or otherwise compromised. All passwords will
contain a combination of uppercase and lowercase letters, numbers, and symbols;
- Under no circumstances will any passwords be written down or shared between any
employees, agents, contractors, or other parties working on behalf of Chris Burton, irrespective
of seniority or department. If a password is forgotten, it must be reset using the
- All software (including, but not limited to, applications and operating systems) will be
kept up-to-date; and
- No software may be installed on any Company-owned computer or device without the prior
approval of the Managing Director.
Chris Burton will ensure that the following measures are taken with respect to the collection,
holding, and processing of personal data:
- All employees, agents, contractors, or other parties working on behalf of Chris Burton will be
made fully aware of both their individual responsibilities and Chris Burton’s responsibilities
under the GDPR and under this Policy, and will be provided with a copy of this Policy;
- Only employees, agents, sub-contractors, or other parties working on behalf of Chris Burton that
need access to, and use of, personal data in order to carry out their assigned duties
correctly will have access to personal data held by Chris Burton;
- All employees, agents, contractors, or other parties working on behalf of Chris Burton handling
personal data will be appropriately trained to do so;
- All employees, agents, contractors, or other parties working on behalf of Chris Burton handling
personal data will be appropriately supervised;
- All employees, agents, contractors, or other parties working on behalf of Chris Burton handling
personal data will be required and encouraged to exercise care, caution, and discretion
when discussing work-related matters that relate to personal data, whether in the
workplace or otherwise;
- Methods of collecting, holding, and processing personal data will be regularly evaluated
- All personal data held by Chris Burton will be reviewed periodically, as set out in Chris Burton’s Data
- The performance of those employees, agents, contractors, or other parties working on
behalf of Chris Burton handling personal data will be regularly evaluated and reviewed;
- All employees, agents, contractors, or other parties working on behalf of Chris Burton handling
personal data will be bound to do so in accordance with the principles of the GDPR and
this Policy by contract;
- All agents, contractors, or other parties working on behalf of Chris Burton handling personal
data must ensure that any and all of their employees who are involved in the processing
of personal data are held to the same conditions as those relevant employees of Chris Burton
arising out of this Policy and the GDPR; and
- Where any agent, contractor or other party working on behalf of Chris Burton handling personal
data fails in their obligations under this Policy that party will indemnify and hold
harmless Chris Burton against any costs, liability, damages, loss, claims or proceedings which
may arise out of that failure.
TRANSFERRING PERSONAL DATA TO A COUNTRY OUTSIDE THE EEA
Chris Burton may from time to time transfer (‘transfer’ includes making available remotely) personal
data to countries outside of the EEA.
The transfer of personal data to a country outside of the EEA will take place only if one or
more of the following applies:
- The transfer is to a country, territory, or one or more specific sectors in that country
(or an international organisation), that the European Commission has determined ensures
an adequate level of protection for personal data;
- The transfer is to a country (or international organisation) which provides appropriate
safeguards in the form of a legally binding agreement between public authorities or
bodies; binding corporate rules; standard data protection clauses adopted by the
European Commission; compliance with an approved code of conduct approved by a
supervisory authority (e.g. the Information Commissioner’s Office); certification under
an approved certification mechanism (as provided for in the GDPR); contractual clauses
agreed and authorised by the competent supervisory authority; or provisions inserted
into administrative arrangements between public authorities or bodies authorised by the
competent supervisory authority;
- The transfer is made with the informed consent of the relevant data subject(s);
- The transfer is necessary for the performance of a contract between the data subject and
Chris Burton (or for pre-contractual steps taken at the request of the data subject);
- The transfer is necessary for important public interest reasons;
- The transfer is necessary for the conduct of legal claims;
- The transfer is necessary to protect the vital interests of the data subject or other
individuals where the data subject is physically or legally unable to give their
- The transfer is made from a register that, under UK or EU law, is intended to provide
information to the public and which is open for access by the public in general or
otherwise to those who are able to show a legitimate interest in accessing the register.
DATA BREACH NOTIFICATION
All personal data breaches must be reported immediately to Liam Watson, the IT &
If a personal data breach occurs and that breach is likely to result in a risk to the rights
and freedoms of data subjects (e.g. financial loss, breach of confidentiality,
discrimination, reputational damage, or other significant social or economic damage), the IT
Administrator will ensure that the Information Commissioner’s Office is informed of the
breach without delay, and in any event, within 72 hours after having become aware of it.
In the event that a personal data breach is likely to result in a high risk (that is, a
higher risk than that described under Part 29.2) to the rights and freedoms of data
subjects, the Data Protection Officer must ensure that all affected data subjects are
informed of the breach directly and without undue delay.
Data breach notifications will include the following information:
- The categories and approximate number of data subjects concerned;
- The categories and approximate number of personal data records concerned;
- The name and contact details of Chris Burton’s data protection officer (or other contact point
where more information can be obtained);
- The likely consequences of the breach;
- Details of the measures taken, or proposed to be taken, by Chris Burton to address the breach
including, where appropriate, measures to mitigate its possible adverse effects.