Dash Global Limited
DATA PROTECTION POLICY
CONTENTS
CLAUSE
1. Interpretation
2. Introduction
3. Scope
4. Personal data protection principles
5. Lawfulness, fairness, transparency
6. Purpose limitation
7. Data minimisation
8. Accuracy
9. Storage limitation
10. Security integrity and confidentiality
11. Transfer limitation
12. Data Subject's rights and requests
13. Accountability
14. Changes to this Privacy Policy
15. Acknowledgement of receipt and review
1. Interpretation
1.1 Definitions:
Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject's wishes by which he or she, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.
Data Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data which we hold and use.
Data Subject: a living, identified or identifiable individual including children about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.
Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. DPIA should be conducted for all major system or business change programmes involving the Processing of Personal Data.
Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to a data privacy team with responsibility for data protection compliance. That post is held by Louise Marshall of Dragon Argent who can be reached at dpo@dash-global.com
EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
Experts: The real world evidence specialists and technologists/CTO who deliver the disease companions in collaboration with advocacy partners. The director / senior positions are held by Andrew Turner and Lee Wemyss of Dash Global Limited who can be reached at info@dash-global.com
Explicit Consent: consent which requires a very clear and specific statement (that is, not just action). Explicit Consent is required for the Processing of Special Categories of Data.
General Data Protection Regulation (GDPR): the General Data Protection Regulation (Regulation (EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.
Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual
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permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behaviour.
Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
Privacy Notices (also referred to as Fair Processing Notices): separate notices setting out information that may be provided to Data Subjects when Dash Global Ltd collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, Employee Privacy Notice, Expert Privacy Notice or Member Privacy Notice) or they may be stand-alone, one-time privacy statements covering Processing related to a specific purpose.
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.
Related Policies: Dash Global Ltd’s policies, operating procedures or processes related to this Privacy Policy and designed to protect Personal Data, for example Data Subject Access Request Form and Data Breach Notification Procedure.
Special Categories of Data: sensitive personal information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.
2. Introduction
This Privacy Policy sets out how the Dash Global Limited ("we", "our", "us", "Dash Global") handle the Personal Data of our Members, Experts and employees and any other Data Subjects.
This Privacy Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present Members, Experts employees and any other Data Subjects.
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All Dash Global Ltd employees and Experts ("you", "your") must comply with this Privacy Policy. You must read, understand and adhere to this Privacy Policy when Processing Personal Data on our behalf and attend training on its requirements. This Privacy Policy sets out what we expect from you in order for Dash Global Ltd to comply with applicable law. Your compliance with this Privacy Policy is mandatory. Related Policies are available to help you interpret and act in accordance with this Privacy Policy. You must also comply with all such Related Policies and guidelines.
This Privacy Policy (together with Related Policies) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the CTO or DPO.
3. Scope
Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. Dash Global is accountable for compliance with the provisions of the GDPR.
All at Dash Global, including: [the CEO, the CTO and other senior staff] are responsible for ensuring all personnel comply with this Privacy Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance.
The DPO is responsible for overseeing this Privacy Policy and, as applicable, developing Related Policies and guidelines.
Please contact the DPO with any questions about the operation of this Privacy Policy or the GDPR or if you have any concerns that this Privacy Policy is not being or has not been followed.
4. Personal data protection principles
We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:
(a) Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
(b) Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
(d) Accurate and where necessary kept up to date (Accuracy).
(e) Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
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(f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
(g) Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
(h) Made available to Data Subjects on request (Data Subject's Rights and Requests).
We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
5. Lawfulness, fairness, transparency
5.1 Lawfulness and fairness
Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject. This means that you may only collect, process and share Personal Data for a specified purpose or purposes (for example, undertaking research projects for/with NHS Trusts, universities, charities and industry) based on a specified legal basis (or ground) for Processing.
Under the GDPR there are only six legal grounds for Processing of Personal Data available set out below:
(a) Consent (see section 5.2 below for the new GDPR requirements for consent);
(b) Entering into or performing a contract with the Data Subject;
(c) Compliance with a legal obligation to which we are subject;
(d) Protection of the vital interests of the individual or another person;
(e) Necessary for the purposes of Dash Global’s own (or any third party’s) legitimate interests except where these interests are overridden by the interests or fundamental rights and freedoms of Data Subjects. Before using legitimate interests as a legal basis for any Processing, you must contact the DPO; or
(f) Necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
You must determine the legal basis being relied on for each new Processing activity and the purpose(s) before you start Processing Personal Data.
If you want to use Personal Data for a new or different purpose not compatible with the original purpose(s) you will need to consider a new lawful basis for Processing and notify the relevant Data Subjects with an updated privacy notice.
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5.2 Consent
Consent is one of the lawful bases for Processing Personal Data under the GDPR.
The GDPR sets a new higher standard to obtain Consent from a Data Subject. It must be freely given, specific, informed and unambiguous and easily withdrawn. To make sure your Processing based on Consent meets the GDPR requirements, it must be:
• Unbundled: request for Consent must be separate from other terms and conditions. Consent should not be a precondition of signing up to a service unless necessary for that service;
• Active opt-in: Consent requires affirmative action, so pre-ticked opt-in boxes are invalid, use unticked opt-in boxes or similar active opt-in methods (e.g. a binary choice given equal prominence);
• Granular: you must give separate options to consent for different types (or purposes) of Processing wherever appropriate;
• Named: you must name Dash Global and any third parties who will be relying on Consent; even precisely defined categories of third-party organisations are not acceptable under the GDPR;
• Documented: you must keep records to demonstrate what the Data Subject has consented to, including what they were told, and when and how they consented;
• Easy to withdraw: Data Subjects must be able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. It must be as easy to withdraw as it was to give Consent. This means you must have simple and effective withdrawal mechanisms in place;
• No imbalance in the relationship: Consent will not be freely given if there is imbalance in the relationship between the Data Subject and the Data Controller (e.g. employee vs. employer).
In addition, Consent may need to be refreshed or renewed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed at the time when the Data Subject first gave his or her Consent.
Explicit Consent is usually required for Processing Special Categories of Personal Data, for Automated Decision-Making and for cross border data transfers. Usually we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Special Categories of Data. Where Explicit Consent is required, you must issue a separate Fair Processing Notice to the Data Subject to capture Explicit Consent.
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You will need to evidence Consent obtained and keep records of all individual Consents so that Dash Global can demonstrate its compliance with Consent requirements.
To review existing Consent or to seek a new Data Subject’s Consent under the GDPR, refer to the latest version of the Consent Checklist set out in the ICO’s GDPR Consent Guidance on: https://ico.org.uk/
5.3 Transparency (notifying data subjects)
The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices or Fair Processing Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we must provide the Data Subject with all the information required by the GDPR including the identity of the Data Controller and DPO, how and why we will use, Process, disclose, protect and retain that Personal Data through a Fair Processing Notice which must be presented when the Data Subject first provides the Personal Data to us.
When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible but no later than within a month after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.
6. Purpose limitation
Personal Data must be collected only for a specified, explicit and legitimate purpose. It must not be further Processed in any manner incompatible with the original purpose.
You cannot use Personal Data for new, different or incompatible purposes from that disclosed to the Data Subject when it was first obtained from them unless you have informed him or her of the new purposes and they have consented where necessary.
7. Data minimisation
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purpose for which it was first collected.
You may only collect and Process Personal Data that you require for your job duties: do not collect excessive data and do not Process Personal Data for any reasons unrelated to
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your job duties. Ensure any Personal Data collected is adequate and relevant for the intended purposes.
You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Caldicott principles and NHS digital security and data protection guidelines.
8. Accuracy
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
You must ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
9. Storage limitation
Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data was collected and is processed.
You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purpose or purposes for which we originally collected it including for the purpose of satisfying any legal, accounting, clinical or reporting requirements.
Dash Global maintains a Records Retention Schedule to ensure Personal Data is deleted where it is no longer required for the purpose it was originally collected, unless a law requires such data to be kept for a certain amount of time. Please refer to Dash Global’s Records Retention Schedule to identify the relevant retention periods.
You must take all reasonable steps to destroy or erase from our systems (electronic and paper) all Personal Data that we no longer require in accordance with the Advocacy Partners’ Records Retention Schedule. This includes requiring third parties to delete such data where applicable.
You must ensure Data Subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice or Fair Processing Notice.
10. Security integrity and confidentiality
10.1 Protecting Personal Data
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Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
Dash Global is responsible for protecting the Personal Data it holds. Dash Global has and will continue to develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data. You must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise particular care in protecting Special Categories of Personal Data from loss and unauthorised access, use or disclosure.
You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.
You must maintain data security by protecting the confidentiality, integrity, availability and resilience of the Personal Data, defined as follows:
(a) Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
(b) Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
(c) Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.
(d) Resilience means that Personal Data is able to withstand and recover from threats.
You must comply with all applicable aspects of our INFORMATION SECURITY POLICY and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the GDPR and relevant standards to protect Personal Data.
10.2 Reporting a Personal Data Breach
The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable supervisory authority and, in certain instances, the Data Subject. Dash Global’s lead supervisory authority is the UK’s Information Commissioner’s Office (ICO).
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We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or the ICO where we are legally required to do so.
If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the DPO and the CEO and CTO and follow the Data Breach Notification Procedure. You should preserve all evidence relating to the potential Personal Data Breach.
11. Transfer limitation
The GDPR restricts data transfers to countries outside the EEA unless the adequate level of data protection afforded to individuals under the GDPR is ensured.
Our servers are based in the UK and we do not transfer the personal information we collect outside the EEA.
12. Data Subject's rights and requests
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
(a) Request access to the personal information (commonly known as a “data subject access request”). This enables an individual to receive a copy of the personal information we hold about them and to check that we are lawfully processing it.
(b) Request correction of the personal information that we hold about an individual. This enables a Data Subject to have any incomplete or inaccurate information we hold about them corrected.
(c) Request erasure of the personal information. This enables an individual to ask us to delete or remove personal information where there is no good reason for us continuing to process it. Data Subjects also have the right to ask us to delete or remove their personal information where they have exercised their right to object to processing (see below).
(d) Object to processing of the personal information where we are relying on legitimate interests (or those of a third party) and there is something about Data Subject’s particular situation which makes them want to object to processing on this ground. Individuals also have the right to object where we are processing their personal information for direct marketing purposes.
(e) Request the restriction of processing of the personal information. This enables individuals to ask us to suspend the processing of personal information about them, for example if they want us to establish its accuracy or the reason for processing it.
(f) Request the transfer of the personal information to another party. This is also called the right of portability of personal data. Individuals can
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request transfer of their data to a third party in a structured, commonly used and machine readable format in limited circumstances only. This right is unlikely to apply to personal data Processed by us.
You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
You must immediately forward any Data Subject request you receive to the DPO, CEO and CTO and comply with Dash Global’s Data Subject Request Procedure.
13. Accountability
13.1 Dash Global as the Data Controller must implement appropriate technical and organisational measures in an effective manner, to be able to demonstrate our compliance with data protection principles under the GDPR. The adequate resources and controls include:
(a) appointing a suitably qualified DPO or an executive accountable for data privacy;
(b) completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
(c) integrating data protection into internal documents including this Privacy Policy, Related Policies, guidelines, Privacy Notices or Fair Processing Notices;
(d) regularly training Dash Global employees and Experts on the GDPR, this Privacy Policy, Related Policies and guidelines and data protection matters including, for example, Data Subject's rights, Consent, legal basis, DPIA and Personal Data Breaches. Dash Global must maintain a record of training attendance by Dash Global employees and Experts; and
(e) regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance and security of data, including using results of testing to demonstrate improvement efforts.
13.2 Record keeping
The GDPR requires us to keep full and accurate records of all our data Processing activities.
In order to manage our compliance with the record keeping requirement under the GDPR, all our data Processing activities are recorded in our DG Information Asset Register required by Article 30 of the GDPR. You must keep and maintain accurate corporate records reflecting data Processing activities under your control including records of Data Subjects' Consents and procedures for obtaining Consents.
These records should include, at a minimum, the name and contact details of the Data Controller and the DPO, clear descriptions of the Personal Data categories, Personal Data
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types, Processing activities, Processing purposes, third-party recipients of the Personal Data (if any), Personal Data storage locations, Personal Data transfers, retention periods and a description of the security measures in place.
13.3 Training and audit
We are required to ensure all Dash Global employees and Experts have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.
You must regularly review all the systems and processes under your control to ensure they comply with this Privacy Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.
13.4 Data Protection Impact Assessment (DPIA)
Data controllers must conduct DPIAs in respect to high-risk Processing.
You should conduct a DPIA (and discuss your findings with the DPO) when implementing major system or business change programmes involving the Processing of Personal Data including:
(a) use of new technologies (programmes, systems or processes), or changing technologies (programmes, systems or processes);
(b) large scale, systematic monitoring of a publicly accessible area.
A DPIA must include:
(c) a description of the Processing, its purposes and the Data Controller's legitimate interests if appropriate;
(d) an assessment of the necessity and proportionality of the Processing in relation to its purpose;
(e) an assessment of the risk to individuals; and
(f) the risk mitigation measures in place and demonstration of compliance. 13.5 Direct marketing
We are subject to certain rules and privacy laws when promoting Dash Global.
For example, a Data Subject's prior consent is required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing customers known as "soft opt in" allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar
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products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
A Data Subject's objection to direct marketing must be promptly honoured. If a Data Subject opts out at any time, their details should be suppressed as soon as possible.
13.6 Sharing Personal Data with third parties
Generally we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
You may only share the Personal Data we hold with another employee, Expert or representative of Dash Global if the recipient has a job-related need to know the information and the transfer complies with cross-border transfer restrictions as described in clause 11 above.
You may only share the Personal Data we hold with third parties, such as our service providers if:
(a) they have a need to know the information for the purposes of providing the contracted services;
(b) sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject's Consent has been obtained;
(c) the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
(d) the transfer complies with any applicable cross border transfer restrictions; and
(e) a fully executed written contract that contains GDPR approved third party clauses has been obtained.
14. Changes to this Privacy Policy
We reserve the right to change this Privacy Policy at any time. We will notify you of any changes and provide you with the updated copy of this Privacy Policy.
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15. Acknowledgement of receipt and review
I, Lee Wemyss), acknowledge that on 31 January 2021I received and read a copy of the Dash Global Privacy Policy, dated 31 January 2021 and understand that I am responsible for knowing and abiding by its terms. I understand that the information in this Privacy Policy is intended to help Dash Global employees and Experts work together effectively on assigned job responsibilities and assist in the use and protection of Personal Data. This Privacy Policy does not set terms or conditions of employment or form part of an employment contract.
Name Lee Andrew Wemyss
Date 31 January 2021