Data Protection Policy
Company name: Gemba Academy LLC
Email: [email protected]
Policy prepared by: Kevin Meyer
Date this policy was last updated: 20 October 2019
Gemba Academy LLC needs to collect and use certain personal data and information about individuals.
These individuals can include customers, suppliers, business contacts, employees, and other people whom the organization has a relationship with or may need to contact.
This policy describes how these personal data must be collected, processed, and stored to meet data protection standards and comply with the law.
Why this policy exists
This data protection policy explains how Gemba Academy LLC:
- complies with data protection laws and follows good practice
- protects the rights of staff, partners, customers, and contractors
- explains how it stores and processes individuals’ data
- helps protect personal data from the risks of data breach
Data protection laws
Gemba Academy LLC is committed to processing data in accordance with its responsibilities under the General Data Protection Regulation (GDPR) and other data protection and privacy laws. These data protection and privacy laws describe how organizations including Gemba Academy LLC must collect, process, and store personal information. These rules apply regardless of whether data are stored electronically, on paper, or in other formats. To comply with the law personal information must be collected and used fairly, stored safely, and not disclosed unlawfully.
Article 5 of the GDPR requires that personal data will be:
a. processed lawfully, fairly, and transparently in relation to individuals
b. collected for specified, explicit, 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, or statistical purposes will be considered compatible with the initial purposes
c. adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed
d. accurate and, where necessary, kept up to date; every reasonable step must be taken to make sure that personal data that are inaccurate with regard to the purposes for which they are processed, are immediately erased or rectified
e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving in the public interest, scientific or historical research, or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals
f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing; accidental loss, destruction, or damage; using appropriate technical or organizational measures.
People, risks, responsibilities, and policy scope
This policy applies to:
- the head office of Gemba Academy LLC
- all branches of Gemba Academy LLC
- all staff of Gemba Academy LLC
- all suppliers, contractors, and other people working on behalf of Gemba Academy LLC.
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside some privacy and data protection laws. This can include the following personal data:
- names of individuals
- postal addresses
- email addresses
- telephone numbers
- other personal information about individuals.
Data protection risks
This policy helps to protect Gemba Academy LLC from data security risks, including:
- breaches of confidentiality, for example information being given out or exposed without proper authorization
- failing to give choice, for example, all individuals should be free to choose how the company uses data relating to them
- reputational damage, for example, the company could suffer if unauthorized individuals successfully gained access to sensitive data.
Everyone who works for or with Gemba Academy LLC has some responsibility for making sure that data are collected, stored, and processed appropriately. Each individual who handles personal data must make sure that the data are handled and processed in line with this policy and the principles of data protection.
However, these people have key areas of responsibility:
- The owners are ultimately responsible for making sure that Gemba Academy LLC meets its legal obligations about data protection laws.
- The Data Protection Officer is responsible for:
- keeping the Gemba Academy LLC updated about data protection laws, responsibilities, risks, and issues
- reviewing all data protection procedures and related policies on a periodic basis
- providing data protection training and advice to people covered by this policy
- responding to data protection questions from staff and anyone else covered by this policy
- responding to requests from individuals to see the data that Gemba Academy LLC holds about them (also called ‘subject access requests’)
- reviewing and approving any agreements or contracts with third parties that may process the company’s personal and sensitive data.
- The IT Director is responsible for:
- making sure that all computer and electronic systems, services, and equipment used for storing and processing data meet acceptable security standards
- performing regular security checks and scans to make sure that hardware and software is functioning properly
- evaluating any third-party services that the company is considering using to collect, process, or store data.
- The Marketing Manager is responsible for:
- approving any data protection statements attached to communications such as emails and letters
- addressing data protection queries from journalists or media outlets
- where necessary, working with other staff to make sure that marketing initiatives adhere to the principles of data protection.
General employee guidelines
- The only people able to access data covered by this policy should be those who need it for their work.
- Data should not be shared with others without appropriate authorization. When access to and the sharing of confidential information is required, employees can request it from their supervisors.
- Gemba Academy LLC will provide training to all employees to help them understand their responsibilities when handling data and confidential information.
- Employees should keep all data secure by taking reasonable precautions and following the guidelines below.
- Strong passwords must be used and should never be shared.
- Personal data should not be disclosed to unauthorized people within the company nor people outside the company.
- Data should be regularly reviewed and updated if they are found to be out of date. If no longer required, they should be deleted and disposed of using appropriate security procedures.
- Employees should request help from their supervisors or a data protection officer if they are unsure about any aspect of data protection procedures.
These rules describe how and where personal data should be safely stored. Questions about safely storing personal data can be directed to the IT manager or data controller.
When personal data are stored on paper, they should be kept in a secure place where unauthorized people cannot see them.
These guidelines also apply to personal data that are usually stored electronically but have been printed out for some reason:
- When not required, the paper or files should be kept in a locked drawer, filing cabinet, or secure environment.
- Employees and contractors should make sure that paper and printouts are not left where unauthorized people could see them, such as in copiers or printers.
- Printouts of personal data should be shredded and disposed of securely when no longer needed.
- When data are stored electronically, they must be protected from unauthorized access, accidental deletion, and malicious hacking attempts.
- Personal data should be protected by strong passwords that are changed regularly and never shared among employees nor contractors.
- If personal data are stored on removable media such as a DVD, CD, or portable drive, they should be kept locked away securely when not used.
- Personal data should only be stored on designated drives and servers and should only be uploaded to approved and secure cloud computing services.
- Servers containing personal data should be situated in a secure location away from general offices and visitor traffic.
- All data should be backed up frequently and securely. Backups should regularly be tested in line with the company’s standard backup procedures.
- Personal data should never be saved directly to laptops, portable drives, tablets, nor smart phones.
- All computers and servers containing personal data should be protected by a secure firewall and security software.
Personal data use
When personal data are accessed, their use can be at the greatest risk of theft, loss, or corruption:
- when working with personal data, employees, contractors, and others should make sure that their computers are always password protected and locked when left unattended.
- personal data should not be shared with anyone who is not authorized to see them. Unless encrypted, they should never be sent by email, as most email communication is not secure.
- data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorized external contacts.
- personal data should never be transferred out of the European Union without appropriate consent, binding corporate rules, compelling legitimate interests, specific derogations, or other approved processes.
- employees, contractors, and others should not save copies of personal data to their own computers or other devices. Always access and update the central copy of any personal data.
Personal data accuracy
The law requires Gemba Academy LLC to take reasonable steps to make sure that personal data are kept accurate and up to date.
The more important it is that the personal data are accurate, the more effort Gemba Academy LLC should put into guaranteeing their accuracy.
It is the responsibility of all employees, contractors, and others who work with personal data to take reasonable steps to keep personal data as accurate and up to date as possible.
- Personal data will be held in as few places as necessary. Company employees and contractors should not create unnecessary additional data sets.
- Company employees and contractors should take every opportunity to make sure that data are updated. For example, by confirming customers’ information when they call.
- Gemba Academy LLC will make it easy for data subjects to update the information Gemba Academy LLC holds about them. As an example, by using the company website, Internet portal, or by phone.
- Personal data should be updated when inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
- It is the marketing manager’s responsibility to make sure that marketing databases are checked and updated against industry suppression files yearly.
Subject access requests
All individuals who are the subjects of personal data held by Gemba Academy LLC are entitled to:
- ask what information the company holds about them and why
- ask how to gain access to it
- know how to keep it up to date
- know how the company is meeting its data protection obligations.
If an individual contacts the company requesting this information, this is called a subject access request (SAR).
SARs from individuals should be made by email addressed to the data controller by using the contact information at the top of this policy. The data controller can supply a standard request form, although individuals do not have to use it.
The data controller will provide the relevant data within 30 days from receiving the request. The data controller will always verify the identity of anyone making a subject access request before providing them with any information.
Disclosing personal data for other reasons
In certain circumstances privacy laws allow personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances Gemba Academy LLC will disclose the requested data. However, the data controller will make sure that the request is legitimate and seek assistance from the board or legal counsel if necessary.
In the event of a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data the Gemba Academy LLC will assess the risk to people’s rights and freedoms and if required report this breach to the appropriate authority.
Gemba Academy LLC does its best to make sure that individuals are aware that their data are being processed, and that they understand:
- how their personal data are being used
- how to exercise their rights under the law.
The company has a comprehensive privacy notice explaining how data relating to individuals are collected, processed, stored, shared, and protected by the company.
This privacy notice is available on request. A current version of this privacy notice is also available on the company’s website.