GDPR Compliance Statement
Imfuna Ltd. and Imfuna Inc.
Effective Date: 11 May 2018
The EU General Data Protection Regulation (GDPR) comes into force across the European Union on 25th May 2018 and brings with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.
Technology is ubiquitous in our work and personal lives, driving new definitions of what constitutes personal data that could be shared, supported by a vast infrastructure of cloud computing and cross-border processing. The new Regulation aims to standardise data protection laws and processing across the EU; affording individuals stronger, more consistent rights to access and control their personal information.
1. Imfuna has assessed the GDPR requirements considering these 3 primary definitions:
a. Data subject means an individual who is the subject of personal data.
b. Data controller means …a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
c. Data processor, in relation to personal data, means any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
Imfuna may collect information and use it for internal business purposes in a number of situations, for example:
a. Acts as a Data Processor for our customers who use the Imfuna Software-as-a-Service (SaaS) solution to capture information about a property and possibly contents or projects and project components;
b. Acts as a Data Controller in select marketing initiatives with opt-in and opt-out provisions; and
c. Utilizes third party suppliers to support both the software platform and our marketing initiatives.
Imfuna (‘we’ or ‘us’ or ‘our’) are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR.
Imfuna are dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
How We Prepared for the GDPR
Imfuna already have a consistent level of data protection and security across our organisation, however it is our aim to be fully compliant with the GDPR by 25th May 2018. Our preparation included:
• Information Audit – carried out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
• Policies & Procedures - Revising data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including:
o Data Protection – our main policy and procedure document for data protection is being updated to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
o Data Retention & Erasure – we are updating our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
o Data Breaches – our breach procedures ensure that we have safeguards and measures in place to assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and are disseminated to all employees, making them aware of the reporting lines and steps to follow.
o International Data Transfers & Third-Party Disclosures – where Imfuna stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data.
o Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate. See Section 5 Data Subject Rights.
• Legal Basis for Processing - we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
• Privacy Notice/Policy – we are revising our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
• Obtaining Consent - by authoring this document for GDPR compliance we have defined our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
• Direct Marketing - we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
• Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk data we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each new SaaS platform engineering story that may require a DPIS assessment. The assessment allows us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
• Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Cloud hosting service, PDF Generator), we have assessed that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.
• Special Categories Data – Imfuna does not collect special data content for our SaaS web platform.
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide access to information via our firstname.lastname@example.org email. Imfuna has designated a GDPR Compliance representative for our software solution and GDPR Compliance representative for our marketing communications and general business activities. These two representatives will support an individual’s right to access any personal information that Imfuna processes about them and to request information about:
• What personal data we hold about them
• The purposes of the processing
• The categories of personal data concerned
• The recipients to whom the personal data has/will be disclosed
• How long we intend to store your personal data for
• If we did not collect the data directly from them, information about the source
• The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
• The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
• The right to lodge a complaint or seek judicial remedy and who to contact in such instances
Information Security & Technical and Organisational Measures
Imfuna takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including:
• The SaaS platform uses SSL
• The SaaS platform requires an email and password for access
• We encrypt the SaaS platform password; We cannot supply the password on user request; user reset their passwords
• For transcription the end user is referred to by a pseudonym
• Only Imfuna personnel with a genuine need to access data for support purposes are allowed to view live data and these users are strictly authenticated
• Passwords are changed on employees leaving the company
GDPR Roles and Employees
Imfuna have designated a GDPR Compliance representative for our mobile apps and Software-as-a-Service (SaaS) solution and a GDPR Compliance representative for our marketing communications and business-related activities. They have developed and implemented our business processes and procedures for complying with the new data protection Regulation as present herein. The team are responsible for promoting awareness of the GDPR across the organisation, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures.
Imfuna understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and have involved our employees in our preparation plans. We have implemented an employee awareness program specific to the which will be provided to all employees prior to May 25th, 2018, and forms part of our induction program.
If you have any questions about our preparation for the GDPR, please contact our compliance representatives by emailing email@example.com.