SPC Data Protection and Data Retention Policies

Data Protection policy

Overview

Key details

• Policy prepared by: Peter Smith
• Final version approved by Committee on: 30 November 2018
• Next review date: no later than 28 January 2026

Introduction

In order to operate, Southampton Philharmonic Choir (SPC) needs to gather, store and use certain forms of information about individuals.

This can include members, freelancers, contractors, suppliers, volunteers, Friends, audiences and potential audiences, business contacts and other people the group has a relationship with or regularly needs to contact.

This policy explains how these data should be collected, stored and used in order to meet SPC data protection standards and comply with the General Data Protection Regulations (GDPR).

Why is this policy important?

This policy ensures that SPC:

• Protects the rights of our members, volunteers and supporters
• Complies with data protection law and follows good practice
• Protects the group from the risks of a data breach

Who and what does this policy apply to?

This applies to all those handling data on behalf of SPC:

• Committee members
• Office-holders
• Contractors/third-party suppliers

It applies to all data that SPC holds relating to individuals, including:

• Names
• Email addresses
• Postal addresses
• Phone numbers
• Any other personal information held

Roles and responsibilities

SPC is the Data Controller and will determine what data is collected and how it is used. The SPC Committee, are responsible for the secure, fair and transparent collection and use of data by SPC. Any questions relating to the collection or use of data should be directed to the Secretary (email secretary@southamptonphil.org)..

Everyone who has access to data as part of SPC has a responsibility to ensure that they adhere to this policy.

SPC uses third party Data Processors (Mail Chimp and Google App Suite) to process data on its behalf. SPC will ensure all Data Processors are compliant with GDPR.

Data Protection Principles

1. We fairly and lawfully process personal data in a transparent way
   • SPC will only collect data where lawful and where it is necessary for the legitimate purposes of the group.
   • The name and contact details of members and ‘Friends’ of the Choir will be collected when they first join the group, and will be used to contact them regarding pertinent administration and activities. Other data may also subsequently be collected in relation to their membership, including their payment history for ‘subs’ or Friends donations. Where possible SPC will anonymise these data.
     • Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to SPC completing tasks expected as part of the individual’s membership).
   • The name and contact details of volunteers and contractors will be collected when they take up a position, and will be used to contact them regarding group administration related to their role.
   • Further information, including personal financial information may also be collected in specific circumstances where lawful and necessary (e.g., in order to process payment to the person ).
     • Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to SPC completing tasks expected as part of working with the individuals),
   • An individual’s name and contact details will be collected when they make a booking for an event. This will be used to contact them about their booking and to allow them entry to the event.
     • Lawful basis for processing this data: Contract (the collection and use of data is fair and reasonable in relation to SPC completing tasks expected as part of the booking),
   • An individual’s name, contact details and other details may be collected at any time (including when booking tickets or at an event), with their consent, in order for SPC to communicate with them about and promote group activities. See ‘How we get consent’ below.
     • Lawful basis for processing this data: Consent (see ‘How we get consent’)
2. We only collect and use personal data for specific, explicit and legitimate purposes and will only use the data for those specified purposes.
   • When collecting data, SPC will always provide a clear and specific privacy statement explaining to the subject why the data is required and what it will be used for.
3. We ensure any data collected is relevant and not excessive
   • SPC will not collect or store more data than the minimum information required for its intended purpose.
4. We ensure data is accurate and up-to-date
   • SPC will ask members, Friends and Committee members to check and update their data on an annual basis. Any individual will be able to update their data at any point by contacting the Secretary (email secretary@southamptonphil.org).
5. We ensure data is not kept longer than necessary
   • SPC will keep records for no longer than is necessary in order to meet the intended use for which it was gathered (unless there is a legal requirement to keep records).
   • The storage and intended use of data will be reviewed in line with SPC data retention policy. When the intended use is no longer applicable, the data will be deleted within a reasonable period.
6. We keep personal data secure
   • SPC will ensure that data held by us is kept secure.
     • Electronically-held data will be held within a password-protected and secure environment
     • Passwords for electronic data files will be re-set each time an individual with data access leaves their role/position
     • Physically-held data (e.g. membership forms or email sign-up sheets) will be stored under lock and key
     • Access to data will only be given to relevant committee members/contractors where it is clearly necessary for the running of the group. The Committee will decide in what situations this is applicable and will keep a master list of who has access to data

Transfer to countries outside the EEA

SPC will not transfer data to countries outside the European Economic Area (EEA), unless the country has adequate protection for the individual’s data privacy rights.

Individual Rights

When SPC collects, holds and uses an individual’s personal data that individual has the following the rights over that data. SPC will ensure its data processes comply with those rights and will make all reasonable efforts to fulfil requests from an individual in relation to those rights.

Individual’s rights

• Right to be informed: whenever SPC collects data it will provide a clear and specific privacy statement explaining why it is being collected and how it will be used.
• Right of access: individuals can request to see the data SPC holds on them and confirmation of how it is being used. Requests should be made in writing to the Data Protection Officer and will be complied with free of charge and within one month. Where requests are complex or numerous this may be extended to two months
• Right to rectification: individuals can request that their data be updated where it is inaccurate or incomplete. SPC will request that members, freelancers and Friends check and update their data on an annual basis. Any requests for data to be updated will be processed within one month.
• Right to object: individuals can object to their data being used for a particular purpose. SPC will always provide a way for an individual to withdraw consent in all marketing communications. Where we receive a request to stop using data we will comply unless we have a lawful reason to use the data for legitimate interests or contractual obligation.
• Right to erasure: individuals can request for all data held on them to be deleted. SPC data retention policy will ensure data is not held for longer than is reasonably necessary in relation to the purpose it was originally collected. If a request for deletion is made we will comply with the request unless:
  • There is a lawful reason to keep and use the data for legitimate interests or contractual obligation.
  • There is a legal requirement to keep the data.
• Right to restrict processing: individuals can request that their personal data be ‘restricted’ – that is, retained and stored but not processed further (e.g. if they have contested the accuracy of any of their data, SPC will restrict the data while it is verified).

Though unlikely to apply to the data processed by SPC, we will also ensure that rights related to portability and automated decision making (including profiling) are complied with where appropriate.

Member-to-member contact

We only share members’ data with other members with the subject’s prior consent.

As a membership organisation SPC encourages communication between members. To facilitate this:

• Members can request the personal contact data of other members in writing via the Secretary or Registrar. These details will be given, as long as they are for the sole purposes of contacting the subject and the subject consents to their data being shared with the other member in this way.

How we get consent

SPC may collect data from consenting supporters for marketing purposes. This includes contacting them to promote performances, updating them about group news, fundraising and other group activities.

Any time data is collected for this purpose, we will provide:

• A method for users to show their positive and active consent to receive these communications
• A clear and specific explanation of what the data will be used for

Data collected will only ever be used in the way described and consented to (e.g. we will not use email data in order to market 3rd-party products unless this has been explicitly consented to).

Every marketing communication will contain a method through which a recipient can withdraw their consent. Opt-out requests such as this will be processed within 14 days.

Cookies on our website

A cookie is a small text file that is downloaded onto ‘terminal equipment’ (e.g. a computer or smartphone) when the user accesses a website. It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions.

SPC uses cookies on our website http://www.southamptonphil.org in order to monitor and record their activity. This allows us to improve users’ experience of our website by, for example, allowing for a ‘logged in’ state, and by giving us useful insight into how users as a whole are engaging with the website.

A pop-up box on http://www.southamptonphil.org/web/ activates each new time a user visits the website. This will allow them to click to consent (or not) to continuing with cookies enabled, or to ignore the message and continue browsing (i.e. give their implied consent).

It will also include a link to our Privacy Policy which outlines which specific cookies are used and how cookies can be disabled in the most common browsers.

Data retention policy

Overview

Introduction

This policy sets out how SPC will approach data retention and establishes processes to ensure we do not hold data for longer than is necessary.

It forms part of SPC Data Protection Policy.

Roles and responsibilities

SPC is the Data Controller and will determine what data is collected, retained and how it is used. The SPC Committee are responsible for the secure and fair retention and use of data by SPC. Any questions relating to data retention or use of data should be directed to the Secretary (email secretary@southamptonphil.org).

Regular data review

A regular review of all data will take place to establish if SPC still has good reason to keep and use the data held at the time of the review.

As a general rule a data review will be held every 2 years and no more than 27 calendar months after the last review. The next review is due by by 28 January 2026.

Data to be reviewed

• SPC stores data on digital documents (e.g. spreadsheets) stored on personal devices held by committee members.
  • Data stored on third party online services
  • Physical data stored at the homes of committee members

Who the review will be conducted by

The review will be conducted by the Secretary with other committee members to be decided on at the time of the review. How data will be deleted

• Physical data will be destroyed safely and securely, including shredding.
• All reasonable and practical efforts will be made to remove data stored digitally.

Criteria

The following criteria will be used to make a decision about what data to keep and what to delete.

Statutory Requirements

Data stored by SPC may be retained based on statutory requirements for storing data other than data protection regulations. This might include but is not limited to:

• Gift Aid declarations records
• Details of payments made and received (e.g. in bank statements and accounting records)
• Committee meeting minutes
• Contracts and agreements with suppliers/clients/freelancers/contractors
• Insurance details

Retention procedures outside a regular review

Member data

When a member leaves SPC and all administrative tasks relating to their membership have been completed any potentially sensitive data held on them will be deleted

Unless consent has been given data will be removed from all email mailing lists

All other data will be stored safely and securely and reviewed as part of the next two-year review

Mailing list data

If an individual opts out of a mailing list their data will be removed as soon as is practically possible.

All other data will be stored safely and securely and reviewed as part of the next two-year review

Volunteer and freelancer data

When a volunteer or freelancer stops working with SPC and all administrative tasks relating to their work have been completed any potentially sensitive data held on them will be deleted

Unless consent has been given data will be removed from all email mailing lists

All other data will be stored safely and securely and reviewed as part of the next two-year review

Other data

All other data will be included in a regular two-year review.