Updated 17 January 2018
Dartington Wealth Management is authorised and regulated by the Financial Conduct Authority
To that end, The Board of Directors/Principals has developed, implemented, maintains and continuously improves a documented personal information management system (‘PIMS’) for Dartington Wealth Management Limited
The scope of the PIMS taking into account organisational structure, management responsibility, jurisdiction and geography.
Dartington Wealth Management Limited’s objectives for the PIMS are
Dartington Wealth Management Limited has notified the Information Commissioner that it is a data controller and that it processes certain information about data subjects. Dartington Wealth Management Limited has identified all the personal data that it processes and this is contained in the Data Inventory Register.
Territorial scope – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behaviour to data subjects who are resident in the EU.
Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates, to act on behalf of the controller and deal with supervisory authorities.
Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject – any living individual who is the subject of personal data held by an organisation.
Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse, or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent – means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child – the GDPR defines a child as anyone under the age of 16 years old. The processing of personal data of a child under 13 years of age is only lawful if parental or custodian consent has been obtained.
Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system – any structured set of personal data, which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
5.1 Objective: To ensure that the firm is aware of any risks associated with the processing of particular types of personal information.
5.2 Dartington Wealth Management Limited has a process for assessing the level of risk to individuals associated with the processing of their personal information. Assessments will also be carried out in relation to processing undertaken by other organisations on behalf of the firm.
5.3 Dartington Wealth Management Limited shall manage any risks, which are identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
5.4 Where a type of processing, in particular using new technologies is likely to result in a high risk to the “rights and freedoms” of natural persons, the firm shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data.
5.5 A single assessment may address a set of similar processing operations that present similar high risks.
5.6 Where, as a result of a Data Protection Impact Assessment, it is clear that the firm is about to commence processing of personal information that could cause damage and/or distress to the data subjects, the decision as to whether or not the firm may proceed must be escalated for review to The Data Protection Officer.
5.7 The Data Protection Officer shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the [supervisory authority].
5.8 Appropriate controls will be selected [from ISO27001 Annex A] and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to the requirements of the GDPR.
GDPR introduces the requirement for transparency whereby the controller has transparent and easily accessible policies relating to the processing of personal data and the exercise of individuals’ “rights and freedoms”.
Information must be communicated to the data subject in an intelligible form using clear and plain language. The specific information that must be provided to the data subject must as a minimum include:
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the Information Commissioner as part of the firm’s GDPR registration.
The firm’s fair processing policy sets out the relevant procedures.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
Security controls will be subject to audit and review, following the
The transfer of personal data outside of the EU is prohibited unless one or more of the specified safeguards or exceptions apply.
An assessment of the adequacy by the data controller taking into account the following factors:
Dartington Wealth Management Limited may adopt approved Binding Corporate Rules for the transfer of data outside the EU. This requires submission to the relevant Supervisory Authority for approval.
Dartington Wealth Management Limited may adopt approved model contract clauses for the transfer of data outside of the EU. If the firm adopts the model contract clauses approved by the relevant Supervisory Authority there is an automatic recognition of adequacy.
In the absence of an adequacy decision, including binding corporate rules, a transfer of personal data to a third country, or an international organisation, shall take place only on one of the following conditions:
A list of countries that satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union.
The GDPR introduces the principle of accountability which states that the controller is not only responsible for ensuring compliance but for demonstrating that each processing operation complies with the requirements of the GDPR.
Specifically, controllers are required to maintain necessary documentation of all processing operations, implement appropriate security measures, perform DPIAs (Data Processing Impact Assessment), comply with requirements for prior notifications, or approval from supervisory authorities and appoint a Data Protection Officer if required.
Data subjects have the following rights regarding data processing, and the data that is recorded about them:
8.1 Data Subjects who wish to complain to Dartington Wealth Management Limited about how their personal information has been processed may lodge their complaint directly with the Data Protection Officer. The Data Protection section of you client facing material will need to be modified to include a GDPR complaints section.
8.2 If operating a website the firm will need create a form, usually on the ‘Contact Us’ section of the website, into which data subjects can enter the details of their complaint. They will need to be shown the Fair Processing Notice at this point.
8.3 Data subjects may also complain directly to the ICO and the DPO in writing.
8.4 Where data subjects wish to complain about how their complaint has been handled, or appeal against any decision made following a complaint, they may lodge a further complaint to the Data Protection Officer. The right to do this will be included in the GDPR section of our complaints procedure.
9.1 Dartington Wealth Management Limited understands ‘consent’ to mean that it has been explicitly and freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she by statement, or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The consent of the data subject can be withdrawn at any time.
9.2 Dartington Wealth Management Limited understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing. There must be some active communication between the parties, which demonstrate active consent.
9.3 Consent cannot be inferred from non-response to a communication. For sensitive data, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists.
9.4 In most instances, consent to process personal and sensitive data is obtained routinely by the firm using standard consent documents.
9.5 Where the firm provides online services to children, parental, or custodial authorisation must be obtained. This requirement applies to children under the age of 16 (unless the Member State has made provision for a lower age limit – which may be no lower than 13.
10.1 All Employees are responsible for ensuring that any personal data, which the firm holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by the firm to receive that information and has entered into a confidentiality agreement.
10.2 All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy. You should form a judgment based upon the sensitivity and value of the information in question, but personal data must be kept:
10.3 Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees of Dartington Wealth Management Limited. All Employees are required to enter into an Acceptable Use Agreement before they are given access to organisational information of any sort.
10.4 Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit [written] authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with [procedure reference].
10.5 Personal data may only be deleted or disposed of in line with the Data Retention Procedure. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal.
10.6 Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site.
11.1 Data subjects have the right to access any personal data (i.e. data about them) which is held by the firm in electronic format and manual records, which form part of a relevant filing system. This includes the right to inspect confidential personal references received by the firm, and information obtained from third-party organisations about that person.
11.2 Subject Access Requests are dealt with as described in the relevant procedure
12.1 Dartington Wealth Management Limited must ensure that personal data is not disclosed to unauthorised third parties, which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees should exercise caution when asked to disclose personal data held on another individual to a third party and will be required to attend specific training that enables them to deal effectively with any such risk. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of the firm’s business.
12.2 The GDPR permits certain disclosures without consent so long as the information is requested for one or more of the following purposes:
12.3 All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer
Personal data may not be retained for longer than it is required. Once a member of staff has left Dartington Wealth Management Limited, it may not be necessary to retain all the information held on them. Some data will be kept for longer periods than others.
Disposal of records
Personal data must be disposed of in a way that protects the “rights and freedoms” of data subjects (e.g. shredding, disposal as confidential waste, secure electronic deletion) and in line with the secure disposal procedure