Privacy Policy – Clients

In accordance with the General Data Protection Regulation (GDPR) Graphite HRM (Peninsula Business Services Group) has implemented this privacy information notice to inform you, our current and former clients, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.

This notice applies to current and former clients.

We are a Data Controller of the personal data that you supply to us under your contract with us.

A) Data protection principles

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

  1. Processing is fair, lawful and transparent.
  2. Data is collected for specific, explicit, and legitimate purposes.
  3. Data collected is adequate, relevant and limited to what is necessary for the purposes of processing.
  4. Data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay.
  5. Data is not kept for longer than is necessary for its given purpose.
  6. Data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures we comply with the relevant GDPR procedures for international transferring of personal data.

B) Types of data held

We keep several categories of personal data on and from our clients in order to carry out effective and efficient processes. We hold the data within our computer systems, for example, the systems that we use to provide our advice service and case management systems.

Specifically, we hold the following types of data:

  1. Personal details such as name, address, phone numbers, job title, email addresses etc for the main contact and other contacts for the delivery of the service.
  2. Personal details such as name, address, phone numbers, job title, email addresses, job description, salary, disciplinary and grievance records, annual leave records, criminal convictions, sickness, family-related leave, appraisal, performance information, etc provided to us for the delivery of the service.
  3. Gender, marital status, race, religion, trade union membership, information of any disability that employees may have or other medical information that is supplied to us for the purposes of delivering the service (advice, litigation etc).
  4. Bank account details.
  5. IT service use including online service access records.

C) Collecting your data

You provide several pieces of data to us directly when the contract is signed, during the onboarding process and during the contract and after the contract has ended.

Personal data is kept in files or within the company’s IT systems.

D) Lawful basis for processing

The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement or in order to effectively manage the service contract we have with you, including ensuring we can deliver the service to you.

The information below categorises the types of data processing we undertake and the lawful basis we rely on.

Activity requiring your data Lawful basis
Set up your account Performance of the contract
Carry out the delivery of the services you have on your account Performance of the contract
Ensuring payments are made under your account Performance of the contract
Ensuring VAT and insurance premium tax is paid Legal obligation
Carrying out checks in relation to your company status and validating the information supplied to us Legal obligation
Making financial decisions in relation to entering both initial and subsequent contracts Our legitimate interests
Making decisions about service delivery methods Our legitimate interests
Ensuring efficient administration of contractual services to you Our legitimate interests
Effectively monitoring the service provided including adherence to commitments and service entitlements Our legitimate interests
Maintaining up to date records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in place Our legitimate interests
Dealing with legal claims made against us Our legitimate interests
Preventing fraud Our legitimate interests
Ensuring our administrative and IT systems are secure and robust against unauthorised access Our legitimate interests

E) Special categories of data Special categories of data are data relating to:

  1. Health
  2. Sex life
  3. Sexual orientation
  4. Race
  5. Ethnic origin
  6. Political opinion
  7. Religion
  8. Trade union membership
  9. Genetic and biometric data.

We carry out processing activities using special category data for the purposes of delivering advice services in relation to employment and health and safety legislation. This data will be provided to us or requested by us for the purposes of providing our services, to ensure you receive appropriate advice and support.

Most commonly, we will process special categories of data when the following applies:

  1. You have given explicit consent to the processing.
  2. We must process the data in order to carry out our legal obligations.
  3. We must process data for reasons of substantial public interest.
  4. You have already made the data public.

F) Failure to provide data

Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract with you. This could include being unable to offer you services or administer existing contractual services.

G) Criminal conviction data

We will only collect criminal conviction data where it is appropriate to the provision of the services that you are contracted to receive. This data will usually be collected at the advisory stage or the litigation stage, however, it may be collected at any time during the contract where necessary. We use criminal conviction data to manage potential or future litigation from client employees and workers. We use the information to form the advice and services that are provided to clients. We rely on the lawful basis of legitimate interest to process this data.

H) Who we share your data with

All employees within the business that handle your personal data are trained in ensuring data is processed in line with GDPR.

Data is shared with other companies within the GROUP for the following reasons: administration of services specifically supplied by GROUP subsidiaries. For example, Graphite HRM provides employment and health and safety services, and Bright HR Ltd provides the online services HR Online and Bright HR. Your data is shared with Bright HR Ltd and other GROUP companies to facilitate the delivery of all the services you are contracted to receive.

Your data is not shared with third parties, except for other reasons to comply with a legal obligation placed upon us. We have a data processing contract in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.

We may share your data with bodies outside of the European Economic Area. These countries are Canada, Australia, New Zealand (and from March 2019: the United Kingdom) and the reason for sharing with these countries is to facilitate our legitimate business interests in providing you with the contracted services where the business employees responsible for the provision of the service are based outside the EEA. We have put the following measures in place to ensure that your data is transferred securely and that the bodies who receive the data that we have transferred process it in a way required by EU data protection laws:

The data processing systems in use at other companies within the business have comparable levels of security and safety to the systems in operation in countries within the European Economic Area.

I) Protecting your data

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.

J) Retention periods

We only keep your data for as long as we need it for, which will be at least for the duration of your service contract plus seven years from the date that service contract with us terminates, although in some cases we will keep your data for a longer period after your contract has ended. Some data retention periods are set by the law. Retention periods can vary depending on why we need your data, as set out below:

Record Recommended Retention Period
Assessments under health and safety regulations and records of consultations with safety representatives and committees Permanently
HMRC approvals Permanently
Money purchase details Six years after transfer or value taken
Health data 30 or 50 years
Litigation cases Seven years from the conclusion of the litigation case
All other data Seven years from the date the service contract with us terminates

K) Automated decision making

Automated decision making means making decisions about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.

L) Client rights

You have the following rights in relation to the personal data we hold on you:

  1. The right to be informed about the data we hold on you and what we do with it.
  2. The right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”.
  3. The right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’.
  4. The right to have data deleted in certain circumstances. This is also known as ‘erasure’.
  5. The right to restrict the processing of the data.
  6. The right to transfer the data we hold on you to another party. This is also known as ‘portability’.
  7. The right to object to the inclusion of any information.
  8. The right to regulate any automated decision-making and profiling of personal data.

M) Consent

Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.

N) Making a complaint

If you think your data rights have been breached, you are able to raise a complaint with the Data Protection Commissioner. You can contact the Data Protection Commissioner by post at Canal House, Station Road, Portarlington, R32 AP23 Co. Laois or by telephone on 1890 252 231 (Locall) or +353 57 8684800

O) Data protection compliance


2020 Graphite HRM