In its everyday business operations TigerEye makes use of a variety of personal data, including data about:
In collecting and using this data, the organization is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps TigerEye is taking to ensure that it complies with it. This control applies to all systems, people and processes that constitute the organization’s information systems, including board members, directors, employees, suppliers and other third parties who have access to TigerEye systems.
The list below shows the main items of privacy legislation that apply to the countries (or groups of countries) and states within which TigerEye operates.
TigerEye has a legal obligation to comply with the provisions of this legislation at all times. Whilst there will be variations in these provisions, this policy establishes the key principles that are commonly required to be observed in such legislation.
Significant fines may be applicable if a breach is deemed to have occurred under the relevant privacy legislation, which is designed to protect the personal data of citizens of the country (or state, region or countries) involved. It is TigerEye’s policy to ensure that our compliance with applicable legislation is clear and demonstrable at all times.
The definitions used within privacy legislation vary and it is not appropriate to reproduce them all here. However, the common terms used within this policy are as follows:
There are a number of fundamental principles upon which most privacy legislation is based. These are summarized as follows:
Processing of special categories of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited. Exception to this restriction is only applicable by lawful exceptions including but not limited to processing necessary to: reasons of public interest, purposes of preventive medicine, and defense or exercise of a legal claim.
TigerEye will ensure that it complies with all these principles both in the processing and as part of the introduction of new methods of processing such as new IT systems.
The personal data principal also has rights with regard to their personal data. These will generally consist of:
Each of these rights are supported by appropriate procedures within TigerEye that allow the required action to be taken within the timescales stated in the applicable privacy legislation.
These timescales are shown in the list below:
If TigerEye does not take action on the request of the personal data principles, TigerEye shall inform the personal data principal at the latest within one month of receipt of the request of the reasons for not taking action.
In cases where requests from a personal data principal are unfounded or excessive, TigerEye may either: charge a reasonable fee taking into account the administrative costs of providing the information/communication/taking the action requested; or refuse to act on the request.
Furthermore, TigerEye may request additional information necessary to confirm the identity of the personal data principal making the request. The information provided to personal data principals shall be comprehensible and in a clearly legible manner with an overview of the intended processing.
Moreover, TigerEye shall take reasonable steps to inform relevant data controllers, data processors, and recipients (as applicable) of request of rectification/erasure/restriction of processing from the data principal, unless this proves impossible or involves disproportionate effort.
Depending on the legislation involved, there may be a number of alternative ways in which the lawfulness of a specific case of processing of personal data may be established. It is TigerEye policy to identify the appropriate basis for processing and to document it, in accordance with the applicable legislation. The main options are described in brief in the following sections.
Where appropriate, TigerEye will obtain consent from a personal data principal to collect and process their data. In cases of children being below the age specified in applicable legislation, parental consent will be obtained. Transparent information about our usage of their personal data will be provided to personal data principals at the time that consent is obtained and their rights regarding their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.
If the personal data is not obtained directly from the personal data principal, then this information will be provided to the personal data principal within a reasonable period after the data is obtained and definitely within one month.
Where the personal data collected and processed is required to fulfill a contract with the personal data principal, consent is not required. This will often be the case where the contract cannot be completed without the personal data in question, for example, a delivery cannot be made without an address.
If the personal data is required to be collected and processed in order to comply with applicable law, then consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector. For example, processing of personal data relating to criminal convictions and offenses or related security measures.
In a case where the personal data is required to protect the vital interests of the personal data principal or of another natural person, then this may be used as the lawful basis of the processing. TigerEye will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, this may be used in aspects of social care, particularly in the public sector.
Where TigerEye needs to perform a task that it believes is in the public interest or as part of an official duty then the personal data principal’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
If the processing of specific personal data is in the legitimate interests of TigerEye and is judged not to affect the rights and freedoms of the personal data principal in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.
TigerEye has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect, or process personal data will be subject to due consideration of privacy issues, including the completion of one or more privacy impact assessments.
The privacy impact assessment will include:
Use of techniques such as data minimization/pseudonymisation/encryption will be considered where applicable and appropriate, including at the end of processing, and the mechanisms used to achieve them will be documented.
Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, TigerEye shall consult the supervisory authority prior to processing.
TigerEye will ensure that all relationships it enters that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the applicable legislation.
Transfers of personal data between countries will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the applicable legislation. This depends partly on the relevant authority’s judgment (for example in the case of the GDPR, the European Commission) as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.
Where an adequacy decision (or similar statement) does not exist for a destination country, an appropriate safeguard such as standard contractual clauses will be used, or a relevant exception identified as permitted under the applicable legislation.
A defined role of Data Protection Officer (DPO) is generally required under privacy legislation if an organization is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Based on these criteria, TigerEye does not require a Data Protection Officer to be appointed.
It is TigerEye’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the applicable legislation, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, where required the relevant supervisory authority will be informed within the specified timeframe (for example, for the GDPR within 72 hours). If acting as a data processor, TigerEye shall notify the data controller of the data breach security incident. This will be managed in accordance with our Security Incident Response Policy which sets out the overall process of handling information security incidents.
Under privacy legislation, the relevant authority may have the right to impose a range of fines, often based on a percentage of annual worldwide turnover or a specific amount, for infringements of the regulations.
The following actions are undertaken to ensure that TigerEye complies at all times with the accountability principle of privacy legislation within the countries in which it operates:
These actions are reviewed on a regular basis as part of the management process concerned with privacy and data protection.
TigerEye business needs, local situations, laws and regulations may occasionally call for an exception to this policy or any other TigerEye policy. If an exception is needed, TigerEye management will determine an acceptable alternative approach.
TigerEye reviews and updates its security policies and plans to maintain organizational security objectives and meet regulatory requirements at least annually. The results are shared with appropriate parties internally and findings are tracked to resolution. Any changes are communicated across the organization.