Version 1.0 | May 2018
The EU General Data Protection Regulations (GDPR) include rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are more detailed and specific than in the DPA and place an emphasis on making privacy notices understandable and accessible. To that end FibreCRM has created a robust and transparent Privacy Notice, designed to adhere to the GDPR and provide the Data Subjects with the highest possible levels of assurance and confidence in the security standards FibreCRM applies to their personal data.
The GDPR focuses on ensuring that privacy information is clear and understandable for data subjects. The GDPR make explicit what has always been set out as good practice.
As expected under the GDPR, FibreCRM will provide information to data subjects about how it processes their personal data, in a format that is:
- Concise, transparent, intelligible and easily accessible
- Written in clear and plain language, particularly if addressed to a child
- Free of charge
Underpinning this privacy notice is our Personal Information Management System (PIMS), a suite of our GDPR & Data Privacy Policies and Procedures. These 25+ documents represent our commitment to data security, and evidence our qualities in relation to adhering to the GDPR and surpassing its expectations where possible. These documents are available on request, and we ask that you contact our Data Privacy Lead (Richard Jackson) in the first instance.
- The identity and the contact details of the controller
- The contact details of the data protection officer
- The purposes and legal basis for the processing
- Where the processing is based on legitimate interests, details of what these are
- The recipients or categories of recipients of the personal data
- Details of any transfer to a third country and details of the safeguards and how to obtain a copy of them or where they have been made available
- The retention periods or the criteria used to determine that period
- Details on rights of access to and rectification/deletion of personal data. Rights to object to processing and the right to data portability
- If processing is based on consent, the right to withdraw consent
- The right to lodge a complaint with the supervisory authority
- Details on whether the data subject is obliged to provide the personal data and the consequences of failure to provide it
- Details of any automated decision making, including details of the logic used and potential consequences for the individual
Identity and Contact Details of the Data Controller
Simon Leek (Director of FibreCRM Ltd) is the Data Controller. Simon`s contact details are as follows:
Address: FibreCRM Ltd
Tremough Innovation Centre
Telephone: 020 3598 0898
Office Hours: 09:30 to 17:30 Monday to Friday
Identity & Contact Details of the Data Protection Lead
FibreCRM does not employ a Data Protection Officer (DPO), as under the GDPR we are not required to do so. However, we have assigned the role of “Data Protection Lead” (DPL) to an existing member of the FibreCRM team (Richard Jackson)
Richard is a Certified GDPR Practitioner (IBITGQ) and the role closely mirrors that of a DPO. We apply the same standards to the DPL position as the DPO role, and FibreCRM is committed to supporting our DPL and providing all the resources required to comply with the GDPR.
DPL: Richard Jackson
Address: FibreCRM Ltd
Tremough Innovation Centre
Telephone: 020 3598 0898
Purpose and Legal Basis for Processing
FibreCRM processes personal data for Customer Relationship Management (CRM) software.
CRM is a strategy for managing an organisation’s relationships and interactions with customers and potential customers (prospects and/or leads).
CRM is designed to allow a Data Controller to manage their customer/business relationships, as a tool for growth and business development, efficiency and integration with existing/other business software tools.
In its simplest form, CRM provides a central location for storing customer and prospect information, and that data can be shared with internal colleagues. CRM tracks the historical interactions with customers, through telephone calls, emails, meetings and documentation.
Typical CRM systems will provide tools such as:
- File and Content Sharing
- Sales Forecasting
- Email Campaign Generation
- Instant Employee Messaging
- Email Integration
- Software Integration (FibreCRM specialises in the integration of its CRM products with accountancy practice software)
- Dashboard Analytics
- Prompts and Reminders, Calls to Action
FibreCRM will only process personal data where the data subject has either confirmed their consent for us to do so, or where there is a legitimate interest. In the instance of processing on the lawful basis of legitimate interest, FibreCRM will in every case carry out a full and robust Legitimate Interest Assessment (LIA) which will include/involve the ICO`s recommended 14-point check list, and the 3-stage balancing test – as follows:
Legitimate Interest as a Lawful Basis for Processing Personal Data:
“Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, where the data subject is a child.”
Legitimate Interest 14-point Checklist:
- We have checked that legitimate interest is the most appropriate basis
- We understand our responsibility to protect the individual’s interests
- We have conducted a legitimate interest assessment (LIA) and kept a record of it, to ensure that we can justify our decision
- We have identified the relevant legitimate interests
- We have checked that the processing is necessary and there is no less intrusive way to achieve the same result
- We have done a balancing test (see below), and are confident that the individual’s interests do not override those legitimate interests
- We only use individuals’ data in ways they would reasonably expect, unless we have a very good reason
- We are not using people’s data in ways they would find intrusive or which could cause them harm, unless we have a very good reason
- If we process children’s data, we take extra care to make sure we protect their interests
- We have considered safeguards to reduce the impact where possible
- We have considered whether we can offer an opt out
- If our LIA identifies a significant privacy impact, we have considered whether we also need to conduct a DPIA
- We keep our LIA under review, and repeat it if circumstances change
- We include information about our legitimate interests in our privacy notice
Three Stage Balancing Test:
- FibreCRM identifies the legitimate interest(s). This is achieved through balanced consideration:
- Why does FibreCRM want to process the data – what are we trying to achieve?
- Who benefits from the processing? In what way?
- Are there any wider public benefits to the processing?
- How important are those benefits?
- What would the impact be if FibreCRM couldn’t go ahead?
- Would FibreCRM`s use of the data be unethical or unlawful in any way?
- FibreCRM applies the necessity test. This considers:
- Does this processing help to further that interest?
- Is it a reasonable way to go about it?
- Is there another less intrusive way to achieve the same result?
- FibreCRM carries out a balancing test. We consider the impact of our processing and whether this overrides the interest we have identified. We find it helpful to consider the following:
- What is the nature of FibreCRM`s relationship with the individual?
- Is any of the data particularly sensitive or private?
- Would people expect FibreCRM to use their data in this way?
- Is FibreCRM happy to explain it to them?
- Are some people likely to object or find it intrusive?
- What is the possible impact on the individual?
- How big an impact might it have on them?
- Is FibreCRM processing children’s data?
- Are any of the individuals vulnerable in any other way?
- Can FibreCRM adopt any safeguards to minimise the impact?
- Can FibreCRM offer an opt-out?
Details of our Legitimate Interests
FibreCRM`s core business activity is the provision and subsequently product support for Customer Relationship Management (CRM) software. Our primary clients are accountancy practices, a strong market sector for CRM. On that basis our generic legitimate interest is as follows (in the case of each Data Subject we conduct a specific Legitimate Interest Assessment (LIA), the following statement is a broad description of our lawful basis for processing persona data:
- FibreCRM has an interest in processing personal data, for promoting and providing CRM software products for the accountancy practice sector
- Processing the data by the method(s) we apply is the most appropriate means of engaging with the current/prospective customer, and this data processing is a means of furthering the interests of the data subject
- FibreCRM has carefully considered the impact upon the data subject, and is of the view that the data subject would expect FibreCRM to process their data in this manner. In addition, there will either be an existing relationship with the data subject (in many instances on a contractual basis, a further basis for the lawful processing of personal data) or the processing will not be found to be intrusive where the data subject is not yet known to FibreCRM. This is balanced by our consideration that CRM is a standard tool within the accountancy practice sector, and that all accountancy practices would expect a CRM provider to process their personal data based on legitimate interest
Third Country Transfers
FibreCRM will, on occasion, need to transfer personally identifiable data outside the EEA, to third countries or international organisations. This is necessary due to the need to access appropriate CRM product expertise which not always available in the EEA, and is for the benefit of our clients and data subjects. FibreCRM closely monitors the findings and recommendations of the Article 29 Working Party, in relation to guidelines and recommendations on data transfers, binding corporate rules and contractual clauses.
Data Retention Periods
FibreCRM respects and adheres to all six GDPR principles of personal data processing, and based on data retention we refer to the principle of Data Minimisation.
Data Minimisation is a principle that states that data collected and processed should not be held or further used unless this is essential for reasons that were clearly stated in advance to support data privacy. In the General Data Protection Regulation (GDPR), this is defined as data that is adequate and/or relevant.
On that basis, FibreCRM retains data only for as long as is required, and at the point there is a) no requirement for retaining that data and/or b) it becomes irrelevant to the original purpose for processing – that data is erased.
Data Subject Rights under the GDPR
The GDPR provides the following rights for individuals:
- The Right to be Informed
- The Right of Access
- The Right to Rectification
- The Right to Erasure
- The Right to Restrict Processing
- The Right to Data Portability
- The Right to Object
- Rights in relation to Automated Decision Making and Profiling
In each instance and with respect to each of the 8 data subject rights, FibreCRM has created a clear and transparent set of policies and procedures. These are designed to demonstrate our compliance under the GDPR, provide the data subject with the rights they are entitled to, and maintains our data protection standards and culture. These policies and procedures are freely available on request, please contact Richard Jackson (DPL) for further information.
Right to Withdraw Consent
FibreCRM does not rely on Consent as our lawful basis for processing personal data, however if at any stage we do rely on Consent as our lawful basis – we will ensure that the Data Subject is afforded the opportunity to withdraw their consent, as easily as it was to give their Consent initially.
Data Subject Right to Complain to the ICO
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority (ICO in the United Kingdom), in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.
Should the data subject desire to lodge a complaint with the ICO in relation to a perceived infringement to the GDPR in respect of data that relates to them, FibreCRM provides information to guide the data subject towards how to manage this complaint.
In more details, the complaint will progress in this manner:
- Every data subject should have the right to lodge a complaint with a single supervisory authority (ICO in the UK), in particular in the Member State of his or her habitual residence, and the right to an effective judicial remedy in accordance with Article 47 of the Charter if the data subject considers that his or her rights under this Regulation are infringed or where the supervisory authority does not act on a complaint, partially or wholly rejects or dismisses a complaint or does not act where such action is necessary to protect the rights of the data subject
- The investigation following a complaint should be carried out, subject to judicial review, to the extent that is appropriate in the specific case
- The supervisory authority (ICO) should inform the data subject of the progress and the outcome of the complaint within a reasonable period
- If the case requires further investigation or coordination with another supervisory authority, intermediate information should be given to the data subject
- To facilitate the submission of complaints, the ICO should take measures such as providing a complaint submission form which can also be completed electronically, without excluding other means of communication
Data Subject Obligations to provide Data
FibreCRM processes personal data only where there is a lawful basis to do so, and it every instance provides the data subject with a clear and straightforward route to “opting out” of that data processing or to request to have their data erased.
There is no obligation on the data subject to provide the personal data, and there are no consequences of failure to provide it to FibreCRM.
- 0303 123 1113(local rate, calls to this number cost the same as calls to 01 or 02 numbers)
- If calling from outside the UK, please call +44 1625 545 700
- The ICO welcomes telephone calls in Welsh on 029 2067 8400
- Rydym yn croesawu galwadau yn Gymraeg ar 029 2067 8400
- The ICO`s normal opening hours are Monday to Friday between 9am and 5pm
- Link: https://ico.org.uk/concerns/
The Information Commissioner’s Office – Scotland
45 Melville Street
Telephone: 0303 123 1115
Information Commissioner’s Office – Wales
2nd Floor, Churchill House
Telephone: 029 2067 8400
ICO Northern Ireland
The Information Commissioner’s Office – Northern Ireland
14 Cromac Place,
Telephone: 028 9027 8757 / 0303 123 1114
How we Protect your Information:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
we will post a notification on the main page of our Site, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.
Telephone: +44(0)203 598 0898