PRIVACY NOTICE & GDPR

Please click on the links below to take you to the relevant sections.

Privacy Statement:

Outline / our draft privacy policy

Data Protection Policy:  

Data Protection Officer Details

 

Privacy Statement:

Here at Llanishen RFC we take the privacy of our members’ data seriously and will only use your personal information for club administration purposes and for communicating with you about your membership.

At the Club, Only the relevant Coaches, Team Manager(s), Treasurer, Committee Chairs and Staff Membership Officers will be able to access your details.

As a WRU-affiliated club we will provide your name, contact details and date of birth to the WRU / District Registration Secretary to administer your membership and player registration.

The WRU may use your data to communicate with you about relevant  information.

We will never share or sell your data without your prior permission.

Data Protection

The club has a Data Privacy Policy which can be found on our website www.Llanishen.RFC.Wales .

Your data will be stored and used in accordance with this Policy.

The information you provide in this form will be used solely for dealing with you and or your child as a member of Llanishen RFC.

The Club will use your contact details to inform you about details of fixtures, events, competitions and other information regarding the club.

The Details in this form will be held centrally in the Club and information will be supplied to the WRU / District for registration purposes.

Contact details will be supplied to the Club Officers and the Team Managers for use in the day to day running of the Club.

The Club may arrange for photographs or videos to be taken of Club activities and published on our website or social media channels to promote the Club.

If you later wish to withdraw consent, please contact the Club’s Data Protection officer and or the Mini & Junior Chair.

Data Protection Officer Details:

Richard Harvey

Richard-Harvey7@sky.com

 

Our Draft Privacy Policy:

Summary of how Llanishen RFC uses your data (and in the case of players, coaches, referees, first aiders and officials the WRU use your data)

Llanishen RFC is a data controller, meaning that it determines the processes to be used when using your personal data. Our contact details are Llanishen RFC Clubhouse : Clubhouse , Cardiff , Cardiff , CF14 5DX. Tel: 02920 761688

  • Llanishen RFC uses your personal data to manage and administer your membership and your involvement with its teams and club, and to keep in contact with you for these purposes.
  • Some data is shared with the WRU and or WRU District (WRU), who use your data to regulate, develop and manage the game.
  •   Please note that you are obliged to provide this information so that the Club can operate its playing and administration responsibilities. Failure to provide this information can mean that you / your child is unable to participate in the sport or be a member of the Club and may not receive the full benefit of your membership.

  • In the case of commercial clients, associated members (non-rugby) and or suppliers who use the club facilities we do not pass on your details to other parties unless your consent is presented.
  • Where we or the WRU rely on your consent, such as any consent we seek for email marketing, you can withdraw this consent at any time.
  • Amongst the data we collect from you may be medical (including injury) information. We will hold this where you (or your parent) have given consent; so that we can ensure we are aware of your condition and can that you are supported appropriately.
  • Where you work in a particular role within the game, you may be required to undergo a Disclosure & Barring Service check via the WRU. The result of this check will be held in accordance with WRU regulations.

What does this policy cover?

This policy describes how Llanishen RFC (also referred to as “the Club”, “we” or “us”) will make use of the data we handle in relation to our members and players.

It also describes your data protection rights, including a right to object to some of the processing which we carry out. More information about your rights, and how to exercise them, is set out in the “What rights do I have?” section.

What information do we collect?

We collect and process personal data from you or your parent when you join and when we carry out annual renewals of your membership.  This includes:

  • your name

  • your gender,

  • your date of birth,

  • your WRU Numbers or ID

  • your home address, email address and phone number;

  • your passport and NI details, where we have to check your eligibility or ability to work for us;

  • your type of membershipand involvement in particular teams, or any key role you may have been allocated, such as Chair, Safeguarding Lead, Membership Secretary etc.;

  • your payment and/or bank account details, where you provide these to pay for membership;

  • your medical conditions or disability, where you provide this to us with your consent (or your parent’s consent) to ensure we are aware of any support we may need to provide to you.

Some information will be generated as part of your involvement with us, in particular data about your performance, involvement in particular matches in match reports and details of any disciplinary issues or incidents you may be involved in on and off the pitch, such as within health and safety records.

What information do we receive from third parties?

Sometimes, we receive information about you from third parties. For example, if you are a child, we may be given information about you by your parents.

We may receive information relating to your existing registrations with other clubs or rugby bodies or disciplinary history from the WRU. Additionally, for certain role holders or those working with children, we may receive information from the Disclosure and Barring Service and RFU on the status of any DBS check you have been required to take.

How do we use this information, and what is the legal basis for this use?

We process this personal data for the following purposes:

  • To fulfil a contract, or take steps linked to a contract: this is relevant where you make a payment for your membership and any merchandise, or enter a competition. This includes:
    • taking payments;
    • communicating with you;
    • providing and arranging the delivery or other provision of products, prizes or services;
  • As required by the Club to conduct our business and pursue our legitimate interests, in particular:
    • we will use your information to manage and administer your membership and your involvement with its teams and club, and to keep in contact with you for these purposes;
    • we will also use data to maintain records of our performances and history, including match reports, score lines and team sheets;
    • Where we use CCTV cameras to maintain the security of our premises, and may use this video to investigate incidents at the Club or its premises.
  • Where you give us consent:
    • we will send you direct marketing or promotional material by email;
    • we may handle medical or disability information you or your parent provides to us, to ensure we support you appropriately;
    • On other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
  • For purposes which are required by law:
    • we maintain records such as health and safety records and accounting records in order to meet specific legal requirements;
    • We ensure, where you will work with children that you have undergone an appropriate DBS check – this is also carried out with your consent.
    • where you hold a role at the Club requiring us to check your right to work, we may process information to meet our statutory duties;
    •  we may respond  to requests by government or law enforcement authorities conducting an investigation.

How does the WRU use any of my information? (General Outline Only)

The WRU uses this information as  required by the WRU to conduct its business and pursue its legitimate interests, in particular to running and managing the game in Wales.

Full details of how the WRU manage their data and their policies can be found on their Website. http://www.wru.co.uk/

 

Withdrawing consent or otherwise objecting to direct marketing

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests.  You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. It is unlikely that the Club will carry out these activities. You can do this by following the instructions in the communication where this is an electronic message, or by contacting THE Club with your request.

 

Who will we share this data with, where and when?

We do not specifically share data with any other non-rugby related third parties.

Some limited information may be shared with other stakeholders in rugby, such as other clubs, Constituent Bodies, referee societies, league organisers, so that they can maintain appropriate records and assist us in organising matches and administering the game, festivals or tournaments.

Personal data may be shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our or the Club or WRU’s legitimate interests in compliance with applicable laws.

Personal data will also be shared with third party service providers, who will process it on our behalf for the purposes identified above.  Such third parties include the WRU and in the pitch booking / facility booking providers.

 

What rights do I have?

You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format.

In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.

To exercise any of these rights, you can get in touch with us– or, as appropriate, the WRU or its data protection officer – using the details set out below. If you have unresolved concerns, you have the right to complain to the Information Commissioner’s Office.

Much of the information listed above must be provided on a mandatory basis so that we can make the appropriate legal checks and register you as required by WRU Rules and Regulations. We will inform you which information is mandatory when it is collected. Some information is optional, particularly information such as your medical information. If this is not provided, we may not be able to provide you with appropriate assistance, services or support.

How do I get in touch with you or the WRU?

We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, you can get in touch at using the contact us section of www.Llanishen.rfc.wales

If you have any concerns about how the WRU process your data, you can get in touch at via the contact us section of  http://www.wru.co.uk/

How long will you retain my data?

We process the majority of your data for as long as you are an active member and for 3 years after this.

Where we process personal data for marketing purposes or with your consent, we process the data for 3 unless you ask us to stop, when we will only process the data for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.

Where we process personal data in connection with performing a contract or for a competition, we keep the data for 6 years from your last interaction with us.

We will retain information held to maintain statutory records in line with appropriate statutory requirements or guidance.

The WRU will maintain records of individuals who have registered, records of DBS checks and the resulting outcomes and other disciplinary matters for such period as is set out in the WRU’s privacy notice to be set out on www.wru.co.uk

Records of your involvement in a particular match, on team sheets, on results pages or in match reports may be held indefinitely both by us and the WRU in order to maintain a record of the game.

Llanishen RFC Data Protection Policy

Data Protection Officer Information : Click Here

  1. Introduction
    1. Llanishen RFC holds personal data about job applicants, employees, workers, customers, members, affiliates, sponsors, suppliers and other individuals for a variety of sporting participation and business purposes.

    2. Llanishen RFC recognises that the correct and lawful treatment of personal data will maintain confidence in the organisation and will provide for successful operations. Protecting the confidentiality and integrity of personal data is a critical responsibility that we take seriously at all times.

    3. This policy sets out how Llanishen RFC seeks to protect personal data and ensure staff and volunteers understand the rules governing their use of personal data to which they have access in the course of their work.

    4. This policy applies to all personal data Llanishen RFC processes regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients, members, affiliates, sponsors, suppliers or any other individuals.

    5. This policy requires staff to ensure that the is consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.

    6. The is responsible for the monitoring and implementation of this policy. If you have any questions about the content of this policy or other comments you should contact the . In particular, staff must always contact the DATA PROTECTION OFFICER in the following circumstances:

      1. It is unclear which lawful basis should be relied upon to process personal data (including the legitimate interests used by Llanishen RFC (see section 5.2 below);

      2. It is necessary to rely on the consent and/or explicit consent to process personal data (see section 13 below);

      3. It is necessary to draft a privacy notice (see section 5.4 below);

      4. If the retention period for the personal data being processed is unclear or unknown (see section 9 below);

      5. It is unclear what security or other measures need to be implemented to protect personal data (see section 10 below);

      6. Personal data is being transferred outside the EEA (see section 14 below);

      7. If there has been a personal data breach (section 20 below);

      8. Whenever there is a significant change in processing activity or new processing activity in relation to personal data (this may require a Data Protection Impact Assessment) (see section 12 below);

      9. It is intended that personal data will be used for a purpose other than what it was collected for;

      10. If activities involving automated processing including profiling or automated decision-making are planned (see section 19 below).

  2. Scope

    1. This policy applies to all staff, which for these purposes includes employees, temporary and agency workers, other contractors, interns and volunteers.

    2. All staff must be familiar with this policy and comply with its terms.

    3. Compliance with this policy is mandatory. Staff must also comply with any related policies and privacy notices that the Club has from time to time in force. Any breach of this Data Protection Policy may result in disciplinary action

    4. Llanishen RFC may supplement or amend this policy by additional policies and guidelines from time to time.

  1. Definitions
    1. In this policy:

      1. Personal data means information relating to identifiable individuals, such as job applicants, current and former employees, agency, contract and other staff, clients, suppliers and marketing contacts. This includes expression of opinion about the individual and any indication of someone else’s intentions towards the individual.

      2. Special category personal data means information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data. Personal data relating to criminal offences and convictions should also be treated as special category personal data.

      3. Processing data means any activity that involves the use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring personal data to third parties.

  1. General principles
    1. Llanishen RFC’s policy is to process personal data in accordance with the applicable data protection laws and rights of individuals as set out below. All staff have personal responsibility for the practical application of Llanishen RFC’s Data Protection Policy.

    2. Llanishen RFC will observe the following principles in respect of the processing of personal data, ensuring that personal data is:

      1. Processed lawfully, fairly and in a transparent manner (‘Lawfulness, Fairness and Transparency’).

      2. Collected only for specified, explicit and legitimate purposes (‘Purpose Limitation’).

      3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (‘Data Minimisation’).

      4. Accurate and where necessary kept up to date (‘Accuracy’).

      5. Not kept in a form which permits identification of individuals for longer than is necessary for the purposes for which the data is processed (‘Storage Limitation’).

      6. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage (‘Security, Integrity and Confidentiality’).

    3. Llanishen RFC is responsible for and must be able to demonstrate compliance with the data protection principles listed above (the ‘Principle of Accountability’).

  1. Lawfulness, Fairness and Transparency
    1. Personal data must be processed lawfully, fairly and in a transparent manner in relation to the individual.

      Lawfulness

    2. All should ensure that there is a legal basis for processing personal data. The legal bases for processing are as follows:

      1. the individual has given his or her consent (see 13 below);

      2. the processing is necessary for the performance of a contract with the individual;

      3. to meet Llanishen RFC’s legal compliance obligations;

      4. to protect the individual's vital interests;

      5. for the performance of a task in the public interest;

      6. to pursue Llanishen RFC’s legitimate interests, where these interests are not overridden because the processing prejudices the interests or fundamental rights and freedoms of the individual(s). The purposes for which we process personal data for legitimate interests need to be set out the privacy notices (see section 5.4 below).

    3. If staff / Volunteers are unsure what legal basis is applicable to the personal data they are processing they should contact DATA PROTECTION OFFICER.

    4. The processing of special category data (see 3.1(b) above) will require an additional legal basis for processing. It will normally be necessary to have an individual’s explicit consent to process special category personal data. Staff should contact the DATA PROTECTION OFFICER for more information the appropriate legal basis for processing special category data.

      Fairness & Transparency (Privacy Notices)

    5. Data protection law requires us to provide detailed, specific information to individuals about how and why their personal data is being processed. Such information must be provided through appropriate privacy notices.

    6. Privacy notices must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that an individual can easily understand them.

    7. Whenever Llanishen RFC collects personal data directly from individual, the individual must be provided with a privacy notice containing all the information required by data protection law (including the identity of the data controller and the Data Protection Officer, how and why Llanishen RFC will use, process, disclose, protect and retain that personal data). The privacy notice must be provided when the individual first provides Llanishen RFC with the personal data. Llanishen RFC’s general privacy notice will usually be appropriate in relation to the general purposes for which Llanishen RFC collects personal data.

    8. When personal data is collected indirectly (for example, from a third party or publically available source), the individual must be provided with a privacy notice including all the information required under data protection law, as soon as possible, after collecting/receiving the data, but no later than the first communication with the individual or 1 month from receiving the personal data (whichever is earlier), unless this proves impossible or would involve disproportionate effort.

    9. As in 5.7 above Llanishen RFC’s general privacy notice will usually be appropriate in relation to the general purposes for which Llanishen RFC collects personal data. Staff should individuals a copy of our privacy notice in the first communication or within 1 month of receiving the personal data, whichever is earlier. This is available from www.Llanishen.RFC.Wales Staff should inform DATA PROTECTION OFFICER if this is likely to prove impossible or involve disproportionate effort.

    10. Staff are required to include a link to Llanishen RFC’s privacy notice in their e-mail signature.

    11. Staff should contact the DATA PROTECTION OFFICER if it is necessary to draft a privacy notice or if they are unclear as to when a privacy notice is required.

  1. Purpose limitation
    1. Personal data must be collected only for specified, explicit and legitimate purposes. It must not be further processed in any manner incompatible with those purposes.

    2. Staff cannot use personal data for new, different or incompatible purposes from those disclosed when the personal data was first obtained, unless staff have informed the individuals of the new purposes and legal basis being relied upon (if this legal basis is consent, appropriate consent must be obtained (see section 13 below).

  1. Data minimisation
    1. Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.

    2. Staff may only process personal data when performing job duties requires. Excessive personal data should not be collected and staff should ensure, to the best of their abilities, that any personal data collected is adequate and relevant for the intended purposes.

    3. Staff must ensure that when personal data is no longer needed for specified purposes, it is deleted or anonymised in accordance with Llanishen RFC’s Data Retention Policy.

  1. Accuracy
    1. Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

    2. Staff will ensure that the personal data Llanishen RFC uses and holds is accurate, complete, kept up to date and relevant to the purpose for which we collected it. Staff must check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Staff must take all reasonable steps to destroy or amend inaccurate or out-of-date personal data.

    3. Staff must ensure that personal data held by Llanishen RFC relating to them is accurate and updated as required. If personal details or circumstances change, staff should inform DPO so Llanishen RFC’s records can be updated.

  1. Storage limitation (data retention)
    1. Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.

    2. Staff must not keep personal data, in a form which permits the identification of an individual, for longer than needed for the legitimate purpose or purposes for which Llanishen RFC originally collected it.

    3. Llanishen RFC maintains a Data Retention Policy to ensure personal data is deleted, after a reasonable time, when it is no longer required for the purposes for which it was being held.

    4. Staff will take all reasonable steps to destroy or erase from Llanishen RFC’s systems all personal data that we no longer require in accordance with Llanishen RFC’s Data Retention Policy. This includes requiring third parties to delete such data where applicable.

    5. Staff will ensure individuals are informed of the period for which data is stored and how that period is determined in any applicable privacy notice (see 5.4 -5.8).

  1. Security integrity and confidentiality
    1. Personal data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

    2. Llanishen RFC must implement reasonable and appropriate security measures against unlawful or unauthorised processing of personal data and against the accidental loss of, or damage to, or destruction of personal data.

    3. Llanishen RFC must maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

      1. Confidentiality means that only people who have a need to know and are authorised to use the personal data can access it.

      2. Integrity means that personal data is accurate and suitable for the purpose for which it is processed.

      3. Availability means that authorised users are able to access the personal data when they need it for authorised purposes.

    4. Llanishen RFC will develop, implement and maintain safeguards appropriate to:

      1. our size, scope and business;

      2. our available resources;

      3. the amount of personal data that we own or maintain on behalf of others; and

      4. identified risks (including use of encryption and pseudonymisation (i.e.replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure) where applicable).

    5. Llanishen RFC will regularly evaluate and test the effectiveness of those safeguards to ensure security of our processing of personal data.

    6. Staff have a responsibility for protecting the personal data Llanishen RFC holds.

    7. Staff must exercise particular care in protecting special category personal data (see 3.1(b) above) from loss and unauthorised access, use or disclosure.

    8. Staff must follow all procedures of Llanishen RFC put in place to maintain the security of all personal data from the point of collection to the point of destruction. Staff may only transfer personal data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested (see sections 14 and 15 below).

    9. Staff must comply with all applicable aspects of Llanishen RFC’s INFORMATION SECURITY POLICY or OTHER OR comply with and not attempt to circumvent the administrative, physical and technical safeguards implemented and maintained in accordance with data protection law and relevant standards to protect personal data].

  1. Accountability
    1. Llanishen RFC must implement appropriate technical and organisational measures to ensure compliance with data protection principles (set out in 4.2 above). Llanishen RFC is responsible for, and must be able to demonstrate, compliance with the data protection principles.

    2. Llanishen RFC must have adequate resources and controls in place to ensure and to document data protection law compliance including:

      1. appointing a suitably qualified DPO (where necessary)] OR [appointing a [data protection manager or other] with responsibility for data protection compliance;

      2. implementing data protection by design and default when processing personal data to ensure compliance with applicable data protection laws (see section 12 below);

      3. completing Data Protection Impact Assessments (DPIAs) to identify and reduce risks of a data processing activity, where processing presents a high risk to rights and freedoms of individuals. DPIAs should be conducted for all major system or business change programs involving the processing of personal data particularly those involving new initiatives or technology (see section 12 below);

      4. integrating data protection into internal documents, policies and procedures including this Data Protection Policy;

      5. regularly training staff on applicable data protection law, this Data Protection Policy, related policies [and privacy guidelines] and data protection matters including, for example, individual rights, consent, legal basis, DPIAs and personal data breaches; and

      6. regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.

  1. Privacy By Design and Data Protection Impact Assessment (DPIA)
    1. Llanishen RFC is required to implement privacy by design when processing personal data by implementing appropriate technical and organisational measures in an effective manner, to ensure compliance with data privacy principles.

    2. Llanishen RFC must assess what privacy by design measures can be implemented on all programs/systems/processes that process personal data by taking into account the following:

      1. the state of the art (i.e. the highest level of general development, as of a device, procedure, process or technique achieved at the particular time);

      2. the cost of implementation;

      3. the nature, scope, context and purposes of processing; and

      4. the risks of varying likelihood and severity for rights and freedoms of individuals posed by the processing.

    3. Llanishen RFC must conduct DPIAs in respect of processing which is considered to be high risk (for example where processing involves special category personal data on a large scale).

    4. Staff should contact the DATA PROTECTION OFFICER and conduct a DPIA when implementing major system or business change programs involving the processing of personal data including:

      1. use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);

      2. automated processing including profiling and automated decision making;

      3. large scale processing of special category data; and

      4. large scale, systematic monitoring of a publicly accessible area (e.g. under CCTV).

    5. A DPIA must include:

      1. a description of the processing, its purposes and the data controller's legitimate interests if appropriate;

      2. an assessment of the necessity and proportionality of the processing in relation to its purpose;

      3. an assessment of the risk to individuals; and

      4. the risk mitigation measures in place and demonstration of compliance.

  1. Consent
    1. Llanishen RFC must ensure personal data is processed on the basis of one or more of the lawful bases set out in 5.2 above, one of which is consent.

    2. In order for an individual to validly consent to the processing of their personal data, that consent must be freely given, specific, informed and be an unambiguous indication of the individual’s wishes by which they, by a statement or by a clear positive action, signify agreement to the processing of personal data relating to them.

    3. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are not sufficient.

    4. If consent is given in a document which deals with other matters, then the consent must be kept separate from those other matters.

    5. Individuals must be easily able to withdraw consent to processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if Llanishen RFC intends to process personal data for a different and incompatible purpose which was not disclosed when the individual first consented.

    6. Consent should not be relied upon as the legal basis for processing, if another more appropriate legal basis applies.

    7. Consent should not usually be relied upon where there is an imbalance in the relationship between the individual and Llanishen RFC for example in the context of an employer/employee relationship.

    8. Explicit consent is usually required for:

      1. Processing special category personal data (although staff should contact the DATA PROTECTION OFFICER, to determine the most appropriate legal basis for processing special category data).

      2. Automated decision-making; and

      3. Cross border data transfers.

    9. Explicit consent requires a very clear and specific statement of consent from the individual (that is, not just action) and the individual should be provided with detailed information in relation to the specific purpose for which explicit consent it being sought.

    10. Staff will need keep records of all consents so that Llanishen RFC can demonstrate compliance with consent requirements.

  1. Limitations on transfers of data
    1. Data protection law restricts data transfers to countries outside the European Economic Area (‘EEA’) in order to ensure that the level of data protection afforded to individuals is not undermined. Personal data is transferred from the originating country across borders when it is transmitted, sent, viewed or access in a different country.

    2. Llanishen RFC may only transfer personal data outside the EEA if one of the following conditions applies:

      1. the European Commission has issued a decision confirming that the country to which the personal data is transferred ensures an adequate level of protection for the individuals’ rights and freedoms (an ‘adequacy decision’);

      2. appropriate safeguards are in place such as binding corporate rules (which are standard contractual clauses approved by the European Commission), an approved code of conduct or a certification mechanism, [a copy of which can be obtained from the DPO];

      3. the individual has provided explicit consent to the proposed transfer after being informed of any potential risks; or

      4. the transfer is necessary for one of the other reasons set out under data protection law including the performance of a contract between Llanishen RFC and the individual, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the individual where the individual is physically or legally incapable of giving consent and, in some limited cases, for Llanishen RFC’s legitimate interest.

    3. Staff should contact DATA PROTECTION OFFICER before transferring personal data outside the EEA to ensure one of the conditions outlined above is satisfied.

    4. Staff must comply with Llanishen RFC 's guidelines on cross border data transfers.

  1. Sharing Personal Data
    1. In general Llanishen RFC is not allowed to share personal data with third parties unless certain safeguards and contractual arrangements have been put in place.

    2. Staff may only share the personal data held by Llanishen RFC with another employee, agent, representative, of our group (which includes our subsidiaries and our ultimate holding company along with its subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.

    3. Where Llanishen RFC uses external organisations to process personal data on its behalf, additional security arrangements need to be implemented in contracts with those organisations to safeguard the security of personal data.

    4. Staff should consult the DATA PROTECTION OFFICER to discuss the necessary steps to ensure compliance when setting up any new agreement or altering any existing agreement.

  1. Staff must comply with Llanishen RFC] guidelines on sharing data with third parties.
  2. Individuals rights and requests
    1. Individuals have rights when it comes to how Llanishen RFC handles their personal data. These include rights to:

      1. receive certain information about Llanishen RFC’s processing activities in a privacy notice (see section 5.4 above);

      2. request access to their personal data that Llanishen RFC holds (via a subject access request) (access);

      3. ask Llanishen RFC to erase personal data if it is no longer necessary in relation to the purposes for which it was collected or processed (erasure);

      4. to rectify inaccurate data or to complete incomplete data (rectification);

      5. to restrict processing in specific circumstances (restriction);

      6. in limited circumstances, receive or ask for their personal data to be transferred to a third party in a structured, commonly used and machine-readable format (data portability);

      7. withdraw consent to processing at any time;

      8. prevent Llanishen RFC [NAME OF ORGANISATION]’s use of their personal data for direct marketing purposes;

      9. to challenge processing which has been justified on the basis of Llanishen RFC’s legitimate interests or in the public interest;

      10. request a copy of an agreement under which personal data is transferred outside of the EEA;

      11. object to decisions based solely on automated processing (i.e. when a decision is made which is based solely on automated processing (including profiling) which produces legal effects or significantly affects an individual);

      12. prevent processing that is likely to cause damage or distress to the individual or anyone else;

      13. be notified of a personal data breach which is likely to result in high risk to their rights and freedoms;

      14. make a complaint to the supervisory authority; and

         

    2. Staff must immediately forward any request received in relation to the rights outlined above to the Data Protection Officer. This is particularly important because Llanishen RFC must respond to a valid request within the legally prescribed time limits (under GDPR in the majority of circumstances this is 1 month from the day the request is received).

  1. Direct marketing 
    1. Llanishen RFC is subject to certain rules and privacy laws when marketing to our customers client members and prospective customers prospective clients prospective members.

    2. Prior consent is required for electronic direct marketing (for example, by email, text or automated calls) unless the direct marketing is in relation to existing customers clients’ members. There is a limited exception which Llanishen RFC can utilise for existing customers clients members known as "soft opt in" which allows us to send marketing texts or emails if we have obtained contact details in the course of a sale provision of services to that individual, we are marketing similar products or services, and we have given the individual an opportunity to opt out of marketing when first collecting the details and in every subsequent communication.

    3. The right to object to direct marketing (i.e. opt-out, or unsubscribe) must be explicitly offered to the individual in an intelligible manner so that it is clearly distinguishable from other information, when their personal data is collected and in every subsequent communication.

    4. An individual's objection to direct marketing must be promptly honoured. If a customer, client member opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.

    5. [Staff must comply with the Llanishen RFC’S guidelines on direct marketing to customers from time to time in force.

  1. Automated Processing (including profiling) and Automated Decision-Making
    1. In general terms automated decision-making is prohibited when a decision has a legal or similar significant effect on an individual unless:

      1. an individual has explicitly consented;

      2. the processing is authorised by law; or

      3. the processing is necessary for the performance of or entering into a contract with the individual.

    2. If certain types of special category personal data (see 3.1(b) above) are being processed, then grounds (b) or (c) will not be allowed but such special category personal data can be processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.

    3. If a decision is to be based solely on automated processing (including profiling), then individuals must be informed that they have the right to object to this in the first communication with then (at the latest). This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the individual's rights and freedoms and legitimate interests.

    4. The individual must also be informed in the privacy notice (see 5.4 above) of the logic involved in the decision making or profiling, the significance and envisaged consequences. The individual must also be and given the right to request human intervention, express their point of view or challenge the decision.

    5. Staff must contact the [Data Protection Officer/Head of Legal/other] and a DPIA must be carried out before any automated processing (including profiling) or automated decision-making activities are undertaken.

    6. Where staff are involved in any data processing activity that involves profiling or automatic decision-making, Llanishen RFC’s guidelines on profiling or automated decision-making.

  1. Reporting a Personal Data Breach
    1. Data protection law requires Llanishen RFC to notify personal data breaches to the relevant supervisory authority (for our purposes, this will usually be the Information Commissioner’s Office) and individual data subjects, in certain circumstances.

    2. Staff should be aware that a personal data breach is any act or omission that compromises the security, confidentiality, integrity or availability of personal data or the physical, technical, administrative or organisational safeguards that Llanishen RFC] or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of personal data is a personal data breach.

    3. If staff know or suspect that a personal data breach has occurred, they should not attempt to investigate the matter themselves. Llanishen RFC has a Personal Data Breach Reporting Procedure in place. Staff should be familiar with this procedure and immediately contact the Data Protection Officer in the event of a personal data breach in accordance with that procedure.

    4. Staff should ensure that they preserve all evidence relating to the potential personal data breach.

  1. Consequences of failing to comply
    1. Llanishen RFC takes compliance with this Data Protection Policy very seriously. Failure to comply puts both staff and Llanishen RFC at risk. The importance of this data protection policy means that failure to comply with any requirement may lead to disciplinary action, which may result in dismissal.

    2. Llanishen RFC reserves the right to change this Data Protection Policy at any time without notice. Staff should ensure that have the latest copy of this Data Protection Policy.

  1. Review of this Policy
    1. This Data Protection Policy was last reviewed on 23rd May 2018.

    2. This Data Protection Policy does not override any applicable national data privacy laws and regulations in countries where Llanishen RFC operates.