Data Protection Policy
- PURPOSE
This policy establishes an effective, accountable and transparent framework for ensuring
compliance with the requirements of the GDPR. This policy applies to all of our employees
and all third parties responsible for the processing of personal data on behalf of our
services/entities. - POLICY STATEMENT
We are committed to conducting our business in accordance with all applicable data
protection laws and regulations and in line with the highest standards of ethical conduct.
This policy sets forth the expected behaviours of our employees and third parties in
relation to the collection, use, retention, transfer, disclosure and destruction of any
personal data belonging to anyone giving personal data to our company contact (i.e. the
data subject).
Personal data is any information (including opinions and intentions) which relates to an
identified or identifiable natural person. Personal data is subject to certain legal safeguards
and other regulations, which impose restrictions on how organisations may process
personal data. An organisation that handles personal data and makes decisions about its
use is known as a Data Controller. As a Data Controller, we are responsible for ensuring
compliance with the data protection requirements outlined in this policy. Non-compliance
may expose us to complaints, regulatory action, fines and/or reputational damage.
Our leadership is fully committed to ensuring continued and effective implementation of
this policy and expects all of our employees and third parties to share in this commitment.
Any breach of this policy will be taken seriously and may result in disciplinary action or
business sanction. - GOVERNANCE
3.1 Data Protection Officer
To demonstrate our commitment to data protection, and to enhance the effectiveness of
our compliance efforts, we have appointed a Data Protection Officer. The Data Protection
Officer operates with independence and is supported by suitability skilled individuals
granted all necessary authority. The Data Protection Officer’s duties include:
- Informing and advising us and our employees who carry out processing pursuant to data
protection regulations, national law or European Union based data protection provisions; - Ensuring the alignment of this policy with data protection regulations, national law or
European Union based data protection provisions; - Providing guidance with regards to carrying out Data Protection Impact Assessments
(DPIAs); - Acting as a point of contact for and cooperating with Data Protection Authorities (DPAs);
- Determining the need for notifications to one or more DPAs as a result of our current or
intended personal data processing activities; - Making and keeping current notifications to one or more DPAs as a result of our current
or intended personal data processing activities; - The establishment and operation of a system providing prompt and appropriate
responses to data subject requests; - Informing senior managers, officers, and directors of any potential corporate, civil and
criminal penalties which may be levied against us and/or our employees for violation of
applicable data protection laws. - Ensuring establishment of procedures and standard contractual provisions for obtaining
compliance with this Policy by any third party who: - provides personal data to us
- receives personal data from us
- has access to personal data collected or processed by us
3.2 Data Protection by Design
To ensure that all data protection requirements are identified and addressed when
designing new systems or processes and/or when reviewing or expanding existing
systems or processes, each of them must go through an approval process before
continuing. We will ensure that a Data Protection Impact Assessment (DPIA) is conducted,
in cooperation with the Data Protection Officer, for all new and/or revised systems or
processes for which it has responsibility. The subsequent findings of the DPIA must then
be submitted to the CEO for review and approval. Where applicable, the Information
Technology (IT) department, as part of its IT system and application design review
process, will cooperate with the Data Protection Officer to assess the impact of any new
technology uses on the security of personal data.
3.3 Compliance Monitoring
To confirm that an adequate level of compliance that is being achieved by us in relation to
this policy, the Data Protection Officer will carry out an annual data protection compliance
audit for all such services/entities. Each audit will, as a minimum, assess: - Compliance with policy in relation to the protection of personal data, including;
✓ The assignment of responsibilities.
✓ Raising awareness.
✓ Training of employees. - The effectiveness of data protection related operational practices, including:
✓ Data subject rights.
✓ Personal data transfers.
✓ Personal data incident management.
✓ Personal data complaints handling.
✓ The level of understanding of data protection policies and privacy notices.
✓ The currency of data protection policies and privacy notices.
✓ The accuracy of personal data being stored.
✓ The conformity of data processor activities.
✓ The adequacy of procedures for redressing poor compliance and personal data
breaches.
The Data Protection Officer, in cooperation with key business stakeholders will devise a
plan with a schedule for correcting any identified deficiencies within a defined and
reasonable time frame. Any major deficiencies and good practice identified will be reported
to, monitored and shared by the executive team.
- DATA PROTECTION PRINCIPALS
We have adopted the following principles to govern its collection, use, retention, transfer,
disclosure and destruction of personal data:
Principle 1: Lawfulness, Fairness and Transparency. Personal data shall be processed
lawfully, fairly and in a transparent manner in relation to the data subject. This means, we
must tell the data subject what processing will occur (transparency), the processing must
match the description given to the data subject (fairness), and it must be for one of the
purposes specified in the applicable data protection regulation (lawfulness).
Principle 2: Purpose Limitation. Personal data shall be collected for specified, explicit and
legitimate purposes and not further processed in a manner that is incompatible with those
purposes. This means we must specify exactly what the personal data collected will be
used for and limit the processing of that personal data to only what is necessary to meet
the specified purpose.
Principle 3: Data Minimisation. Personal data shall be adequate, relevant and limited to
what is necessary in relation to the purposes for which they are processed. This means we
must not store any personal data beyond what is strictly required.
Principle 4: Accuracy. Personal data shall be accurate and, kept up to date. This means
we must have in place processes for identifying and addressing out-of-date, incorrect and
redundant personal data.
Principle 5: Storage Limitation. Personal data shall be kept in a form which permits
identification of data subjects for no longer than is necessary for the purposes for which
the personal data is processed. This means we must, wherever possible, store personal
data in a way that limits or prevents identification of the data subject.
Principle 6: Integrity & Confidentiality. Personal data shall be processed in a manner that
ensures appropriate security of the personal data, including protection against
unauthorised or unlawful processing, and against accidental loss, destruction or damage.
We must use appropriate technical and organisational measures to ensure the integrity
and confidentiality of personal data is maintained at all times.
Principle 7: Accountability. The Data Controller shall be responsible for, and be able to
demonstrate compliance. This means We must demonstrate that the six data protection
principles (outlined above) are met for all personal data for which it is responsible.
- DATA COLLECTION
5.1 Data Sources
Personal data should be collected only from the data subject unless one of the following
apply:
- The collection must be carried out under emergency circumstances in order to protect the
vital interests of the data subject or to prevent serious loss or injury to another person. If
personal data is collected from someone other than the data subject, the data subject must
be informed of the collection unless one of the following apply: - The data subject has received the required information by other means.
- The information must remain confidential due to a professional secrecy obligation
- A national law expressly provides for the collection, processing or transfer of the personal
data.
Where it has been determined that notification to a data subject is required, notification
should occur promptly, but in no case later than: - One calendar month from the first collection or recording of the personal data
- At the time of first communication if used for communication with the data subject
- At the time of disclosure if disclosed to another recipient
5.2 Data subject consent
We will obtain personal data only by lawful and fair means and, where appropriate with the
knowledge and consent of the individual concerned. Where a need exists to request and
receive the consent of an individual prior to the collection, use or disclosure of their
personal data, we are committed to seeking such consent.
The Data Protection Officer, in cooperation with other relevant business representatives,
shall establish a system for obtaining and documenting data subject consent for the
collection, processing, and/or transfer of their personal data.
5.3 Data subject Notification
We will, when required by applicable law, contract, or where it considers that it is
reasonably appropriate to do so, provide data subjects with information as to the purpose
of the processing of their personal data.
When the data subject is asked to give consent to the processing of personal data and
when any personal data is collected from the data subject, all appropriate disclosures will
be made, in a manner that draws attention to them, unless one of the following apply:
- The data subject already has the information;
- A legal exemption applies to the requirements for disclosure and/or consent. The
disclosures may be given orally, electronically or in writing. If given orally, the person
making the disclosures should use a suitable script or form approved in advance by the
Data Protection Officer. The associated receipt or form should be retained, along with a
record of the facts, date, content, and method of disclosure.
5.4 External Privacy Notices
Each external website provided by us will include an online ‘Privacy Notice’ and an online
‘Cookie Notice’ fulfilling the requirements of applicable law
- DATA USE
6.1 Data processing
We use the personal data of its contacts for the following broad purposes:
- The general running and business administration of our services.
- To provide services to our Customers.
- The ongoing administration and management of Services
The use of a contact’s information should always be considered from their perspective and
whether the use will be within their expectations or if they are likely to object. For example,
it would clearly be within a contact’s expectations that their details will be used by us to
respond to a contact request for information about our service.
6.2 Special Categories of Data
We will only process special categories of data (also known as sensitive data) where the
data subject expressly consents to such processing or where one of the following
conditions apply: - The processing relates to personal data which has already been made public by the data
subject. - The processing is necessary for the establishment, exercise or defence of legal claims.
- The processing is specifically authorised or required by law.
- The processing is necessary to protect the vital interests of the data subject or of another
natural person where the data subject is physically or legally incapable of giving consent. - Further conditions, including limitations, based upon national law related to the
processing of genetic data, biometric data or data concerning health.
6.3 Data Quality
We will adopt all necessary measures to ensure that the personal data it collects and
processes is complete and accurate in the first instance, and is updated to reflect the
current situation of the data subject. The measures are adopted to ensure data quality
include:
- Correcting personal data known to be incorrect, inaccurate, incomplete, ambiguous,
misleading or outdated, even if the data subject does not request rectification. - Keeping personal data only for the period necessary to satisfy the permitted uses or
applicable statutory retention period. - The removal of personal data if in violation of any of the data protection principles or if
the personal data is no longer required. - Restriction, rather than deletion of personal data, insofar as:
✓ a law prohibits erasure.
✓ erasure would impair legitimate interests of the data subject.
✓ the data subject disputes that their personal data is correct and it cannot be clearly
ascertained
whether their information is correct or incorrect.
6.4 Profiling & Automated Decision Making
We will only engage in profiling and automated decision-making where it is necessary to
perform where it is authorised by law. Where we utilise profiling and automated decision-
making, this will be disclosed to the relevant data subjects. There will always be a human
person involved in decision making in this company who will be assisted by the automated
decision making. In any instance where automated decision making is present, the data
subject will be given the opportunity to: - Express their point of view.
- Obtain an explanation for the automated decision.
- Review the logic used by the automated system
- Supplement the automated system with additional data.
- Have a human carry out a review of the automated decision.
- Contest the automated decision.
- Object to the automated decision-making being carried out.
We must also ensure that all profiling and automated decision-making relating to a data
subject is based on accurate data.
- DATA RETENTION
To ensure fair processing, personal data will not be retained by us for longer than
necessary in relation to the purposes for which it was originally collected, or for which it
was further processed. The length of time for which we need to retain personal data is
seven years, in accordance with the statute of limitations on contractual causes of action
plus one year.
- DATA PROTECTION
We will adopt physical, technical, and organisational measures to ensure the security of
personal data. This includes the prevention of loss or damage, unauthorised alteration,
access or processing, and other risks to which it may be exposed by virtue of human
action or the physical or natural environment. A summary of the personal data related
security measures is provided below:
- Prevent unauthorised persons from gaining access to data processing systems in which
personal data are processed. - Prevent persons entitled to use a data processing system from accessing personal data
beyond their needs and authorisations - Ensure that personal data in the course of electronic transmission during transport
cannot be read, copied, modified or removed without authorisation. - Ensure that access logs are in place to establish whether, and by whom, the personal
data was entered into, modified on or removed from a data processing system. - Ensure that in the case where processing is carried out by a Data Processor, the data
can be processed only in accordance with the instructions of the Data Controller. - Ensure that personal data is protected against undesired destruction or loss.
- Ensure that personal data collected for different purposes can and is processed
separately. - Ensure that personal data is not kept longer than necessary.
- DATA SUBJECT REQUEST
The Data Protection Officer will establish a system to enable and facilitate the exercise of
data subject rights related to:
- Information access.
- Objection to processing.
- Objection to automated decision-making and profiling.
- Restriction of processing.
- Data portability.
- Data rectification.
- Data erasure. If an individual makes a request relating to any of the rights listed above.
We will consider each such request in accordance with all applicable data protection laws
and regulations. No administration fee will be charged for considering and/or complying
with such a request unless the request is deemed to be unnecessary or excessive in
nature. Data subjects are entitled to obtain, based upon a request made in writing/email to:
info@kyukhaan.com
It should be noted that situations may arise where providing the information requested by a
data subject would disclose personal data about another individual. In such cases,
information must be redacted or withheld as may be necessary or appropriate to protect
that person’s rights.
- LAW ENFORCEMENT REQUESTS & DISCLOSURES
In certain circumstances, it is permitted that personal data be shared without the
knowledge or consent of a data subject. This is the case where the disclosure of the
personal data is necessary for any of the following purposes:
- The prevention or detection of crime.
- The apprehension or prosecution of offenders.
- The assessment or collection of a tax or duty.
- By the order of a court or by any rule of law.
If we process personal data for one of these purposes, then it may apply an exception to
the processing rules outlined in this policy but only to the extent that not doing so would be
likely to prejudice the case in question. If any employee receives a request from a court or
any regulatory or law enforcement authority for information relating to a data subject, they
must immediately notify the Data Protection Officer who will provide comprehensive
guidance and assistance.
- DATA TRANSFERS
We may transfer personal data to internal or third party recipients located in another
country where that country is recognised as having an adequate level of legal protection
for the rights and freedoms of the relevant data subjects. Where transfers need to be
made to countries lacking an adequate level of legal protection (i.e. third countries), they
must be made in compliance with an approved transfer mechanism. We may only transfer
personal data where one of the transfer scenarios list below applies:
- The data subject has given Consent to the proposed transfer.
- The transfer is necessary for the performance of a contract with the data subject.
- The transfer is necessary for the implementation of pre-contractual measures taken in
response to the data subject’s request. - The transfer is necessary for the conclusion or performance of a contract concluded with
a third party in the interest of the data subject. - The transfer is legally required on important public interest grounds.
The transfer is necessary for the establishment, exercise or defence of legal claims. - The transfer is necessary in order to protect the vital interests of the data subject.
- COMPLAINS HANDLING
Data subjects with a complaint about the processing of their personal data, should put
forward the matter in writing to the Data Protection Officer. An investigation of the
complaint will be carried out to the extent that is appropriate based on the merits of the
specific case. The Data Protection Officer will inform the data subject of the progress and
the outcome of the complaint within a reasonable period. If the issue cannot be resolved
through consultation between the data subject and the Data Protection Officer, then the
data subject may, at their option, seek redress through mediation, binding arbitration,
litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.
- BREACH REPORTING
Any individual who suspects that a personal data breach has occurred due to the theft or
exposure of personal data must immediately notify the Data Protection Officer providing a
description of what occurred. The Data Protection Officer will investigate all reported
incidents to confirm whether or not a personal data breach has occurred. If a personal data
breach is confirmed, the Data Protection Officer will follow the relevant authorised
procedure based on the criticality and quantity of the personal data involved. For severe
personal data breaches, our Executive Team will initiate and chair an emergency response
team to coordinate and manage the personal data breach response. - ROLES AND RESPONSIBILITIES
13.1 Implementation
Our management team must ensure that all of our employees responsible for the
processing of personal data are aware of and comply with the contents of this policy. In
addition, we will make sure all third parties engaged to process personal data on their
behalf (i.e. their data processors) are aware of and comply with the contents of this policy.
Assurance of such compliance must be obtained from all third parties, whether companies
or individuals, prior to granting them access to personal data controlled by us.
13.2 Support, Advice and Communication
For advice and support in relation to this policy, please contact Kyuk Haan, the Data
Protection Officer at: info@kyukhaan.com - REVIEW
This policy will be reviewed by the Data Protection Officer every three years, unless there
are any changes to regulations or legislation that would enable a review earlier. - RECORDS MANAGEMENT
Staff must maintain all records relevant to administering this policy and procedure in
electronic form in our recognised record keeping system. All records relevant to
administering this policy and procedure will be maintained for a period of 5 years.
Last updated: June 2024