PLEASE NOTE: You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraph 9.
The Business will only process personal data, in accordance with applicable law, for the following purposes:
The legal basis for our processing of personal data for the purposes described above will typically include:
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This Policy (“Policy”) sets out the 9 Data Protection Principles which WHITE HORSE NOTARY PUBLIC LIMITED (“Business”) commits to comply with when processing personal data in the course of its business of providing notarial services.
The Business has notified its data processing activities to the Information Commissioner’s Office under registration number: ZA366513
The Appendix contains a Glossary of the defined terms in this Policy.
The Business will ensure the protection of personal data in accordance with this Policy by the Notary, all Personnel and Suppliers.
A breach of data protection laws by the Notary, any Personnel or Supplier could result not only in monetary penalties awarded against the Business but also negative publicity which could affect the Business as well as the entire notaries’ profession.
The Business shall comply with the following 9 Data Protection Principles when processing personal data.
1. Fairness and Transparency: The Business must process personal data fairly and provide individuals with information about how and why their personal data is processed.
The Business must provide a privacy notice to each client, Personnel and Supplier to inform them of:
For example, such privacy notice should be included in each client engagement letter or service agreement. If no engagement letter is issued, the privacy notice can be made available on the Business website or in other appropriate and easily accessible form. If the notice is published on the website, a conspicuous link to the website or privacy notice should be included in the Business email footer or other Notary stationery to bring the notice to the data subjects’ attention.
Where a client provides personal data of third party data subjects to the Business, no notice will have to be provided to those third party data subjects by the Business if such information must remain confidential subject to an obligation of professional secrecy. To the extent that no such obligation of professional secrecy applies, the Business should place a contractual obligation on each client and Supplier to ensure that such notice is provided to those third party data subjects on behalf of the Business.
2. Lawful Processing: The Business must only process personal data, including sensitive personal data, lawfully where it has a valid basis for the processing.
Generally, personal data must not be processed without a legal ground. In the context of the Business, personal data are typically processed on the basis of:
3. Purpose Limitation: The Business must only collect personal data for a specific, explicit and legitimate purpose. Any subsequent processing should be compatible with that purpose, unless the Business has obtained the individual’s consent or the processing is otherwise permitted by law.
The Business will typically process:
4. Data Minimisation: The Business must only process personal data that is adequate, relevant and limited to what is necessary for the purpose for which it was collected.
The Business should place a contractual obligation on each client to ensure that only the minimum necessary personal data is provided in connection with the professional services sought.
Where a client provides personal data that appears excessive in connection with the professional services sought, the Business will return such personal data to the client and request that an adequate record of personal data is provided.
5. Data Accuracy: The Business must take reasonable steps to ensure personal data is accurate, complete, and kept up-to-date.
The Business should place a contractual obligation on each client to ensure that any personal data provided in connection with the professional services sought is accurate, complete and up to date.
The Business will endeavour to keep an accurate record of personal data in relation to its clients and Personnel.
6. Individual Rights: The Business must allow individuals to exercise their rights in relation to their personal data, including their rights of access, erasure, rectification, portability and objection.
The Business will ensure that all Individual Rights Requests are correctly identified and appropriately responded to, subject to any applicable exemptions.
7. Storage Limitation: The Business must only keep personal data for as long as it is needed for the purpose for which it was collected or for a further permitted purpose.
The Business will keep all records as long as required by applicable law or as may be necessary having regard to custom, practice or the nature of the documents concerned. For example, the Notaries Practice Rules 2014 require that that notarial acts in the public form shall be preserved permanently. Records of acts not in public form shall be preserved for a minimum period of 12 years.
Save for personal data included in records which must kept for a prescribed period or preserved permanently in compliance with any legal obligations to which the Business is subject, such as the obligation explained above, personal data shall be kept for no longer than necessary for the relevant purpose. For example, any Personnel records should be kept for no longer than 12 months following the termination of employment or contract, unless a longer retention is required under applicable law.
8. Data Security: The Business must use appropriate security measures to protect personal data, including where third parties are processing personal data on our behalf.
The Business will adopt the following security measures:
Physical security measures
Organisational security measures
Technical security measures
The Business will comply with Policy: Appointing Suppliers.
9. Accountability: I must take steps to comply with, and be able to demonstrate compliance, with the Data Protection Principles.
In order to ensure that the Data Protection Principles are implemented the Business shall adopt the following governance processes.
In order to ensure compliance with Data Protection Principle 9 (Accountability), the Business shall comply with this Policy and implement such other data protection policies and establish internal governance processes from time to time as may be required in order to operate the Business in compliance with data protection laws.
The Business will ensure, by way of training or otherwise, that Personnel carry out their tasks in a way that will ensure compliance with data protection laws. Each member of Personnel and each Supplier shall have access to this Policy and it shall have an obligation to comply with it.
Each Supplier will have to comply with data protection obligations in accordance with its service agreement including, where appropriate, a data processing agreement.
The Business shall periodically review this Policy and other policies to ensure that they continue to comply with the relevant legal requirements.
Where necessary the Business shall seek advice in order to ensure that its processes comply with data protection laws.
The Business shall comply with Policy: Appointing Suppliers in relation to appointing any third party contractor or supplier who will process personal data on behalf of the Business.
The Business shall implement a process so that any processing which is likely to result in a high risk to the rights and freedoms of individuals is subject to a documented Data Protection Impact Assessment (DPIA), to assess the risks associated with the proposed processing and identify any safeguards which should be put in place to mitigate those risks. The Business shall maintain a record of each DPIA.
The Business will implement a process to maintain an up-to-date documented record of its processing activities by way of adding relevant information in the Notary register or by other appropriate means. This record should include a general description of the following:
Record keeping requirements
Although it is envisaged that the Business will act as data controller in the majority of cases, where the Business processes personal data on behalf of another person the Business will make sure to maintain a record of its activities as a data processor and/or data controller. This record should include a general description of the following:
When implementing a new processing activity, tool or functionality involved in the processing of personal data, the Business will ensure, by contractual means or otherwise, that such activity, tool or functionality is designed and built in a way that allows me to comply with the Data Protection Principles.
The Business shall implement a process to receive and handle enquiries and complaints from individuals and the supervisory authorities concerning the processing of personal data.
The Business shall ensure that all enquiries and complaints are dealt with in a timely manner, in compliance with any applicable statutory deadlines.
Data which does not relate to an identified or identifiable individual, or personal data which has been rendered permanently anonymous in such a way that the individual is no longer identifiable (even if the data was combined with other data held by the Business Company).
A decision which produces legal effects, or similarly significantly affects an individual, and which is based solely on the automated processing (including profiling) of their personal data.
The business of providing notarial services.
A party which determines the purposes and means of the data processing.
Any information which is recorded electronically or, where recorded in a manual format (e.g. on paper), is organised by reference to an individual.
The individual to whom the personal data relates.
Individual Rights Request
A request from a data subject in respect of their personal data, e.g. to access, erase, or rectify their personal data, or object to its processing.
Any data relating to an identified or identifiable natural person. This can include (but is not limited to) names, addresses, email addresses, positions held, photographs, job applications, personnel files, occupational health records, opinions, and correspondence to and from an individual.
All employees of the Business at all levels, including, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors and external consultants.
Any operation performed on personal data, such as collection, recording, storage, retrieval, use, combining it with other data, transmission, disclosure or deletion.
A party processing personal data on behalf of a controller, under the controller’s instructions.
Personal data which can only be attributed to a specific individual by combining it with additional information (such as a key or other identifier), where the additional information is kept technically and logically separate from the pseudonmyised data to avoid the individual being identified. Pseudonymised data remains personal data.
Sensitive or special categories personal data
Personal data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; biometric (e.g. fingerprints or facial recognition) or genetic information; or information about a person’s health, sex life or sexual orientation, or relating to criminal convictions or offences (including allegations).
Any external vendor, supplier, consultant or similar third party engaged to provide services to the Business.