Privacy Policy

This Policy sets out the obligations of HYPERVINE LIMITED, a company incorporated in Scotland, (Registered No. SC596608) with its Registered Office at C/O Lindsays, 100 Queen Street, Glasgow, United Kingdom, G1 3DN (“the Company”) regarding data protection and the rights of (including but not limited to) its staff, clients, business contacts (“data subjects”) in respect of their personal data under Data Protection Law. “Data Protection Law” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.

This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.

Definitions

“consent” means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them;

“data controller” means the natural or legal person or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller of all personal data relating to (including but not limited to) its staff, clients, business contacts used in our business for our commercial purposes;

“data processor” means a natural or legal person or organisation which processes personal data on behalf of a data controller;

“data subject” means a living, identified, or identifiable natural person about whom the Company holds personal data;

“EEA” means the European Economic Area, consisting of all EU Member States, Iceland, Liechtenstein, and Norway;

“personal data” means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, 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 data subject;

“personal data breach” means 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;

“processing” means any operation or set of operations performed on personal data or 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;

“pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person; and

“special category personal data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data.

Scope

The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

The Company’s Data Protection Officer is [name of data protection officer] [contact details]. The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.

All applicable positions, e.g. managers, department heads, supervisors etc are responsible for ensuring that all employees, agents, contractors, or other parties working on behalf of the Company comply with this Policy and, where applicable, must implement such practices, processes, controls, and training as are reasonably necessary to ensure such compliance.

Any questions relating to this Policy or to Data Protection Law should be referred to the Data Protection Officer. In particular, the Data Protection Officer should always be consulted in the following cases:

if there is any uncertainty relating to the lawful basis on which personal data is to be collected, held, and/or processed;

if consent is being relied upon in order to collect, hold, and/or process personal data;

if there is any uncertainty relating to the retention period for any particular type(s) of personal data;

if any new or amended privacy notices or similar privacy-related documentation are required;

if any assistance is required in dealing with the exercise of a data subject’s rights (including, but not limited to, the handling of subject access requests);

if a personal data breach (suspected or actual) has occurred;

if there is any uncertainty relating to security measures (whether technical or organisational) required to protect personal data;

if personal data is to be shared with third parties (whether such third parties are acting as data controllers or data processors);

if personal data is to be transferred outside of the UK and there are questions relating to the legal basis on which to do so;

when any significant new processing activity is to be carried out, or significant changes are to be made to existing processing activities, which will require a Data Protection Impact Assessment;

when personal data is to be used for purposes different to those for which it was originally collected;

if any automated processing, including profiling or automated decision-making, is to be carried out; or

if any assistance is required in complying with the law applicable to direct marketing.

The Data Protection Principles

This Policy aims to ensure compliance with Data Protection Law. The UK GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be:

processed lawfully, fairly, and in a transparent manner in relation to the data subject;

collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;

accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;

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. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the UK GDPR in order to safeguard the rights and freedoms of the data subject;

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, using appropriate technical or organisational measures.

The Rights of Data Subjects

The UK GDPR sets out the following key rights applicable to data subjects:

The right to be informed;

the right of access;

the right to rectification;

the right to erasure (also known as the ‘right to be forgotten’);

the right to restrict processing;

the right to data portability;

the right to object; and

rights with respect to automated decision-making and profiling.

Lawful, Fair, and Transparent Data Processing

Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the processing of personal data shall be lawful if at least one of the following applies:

the data subject has given consent to the processing of their personal data for one or more specific purposes;

the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;

the processing is necessary for compliance with a legal obligation to which the data controller is subject;

the processing is necessary to protect the vital interests of the data subject or of another natural person;

the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or

the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

If the personal data in question is special category personal data (also known as “sensitive personal data”), at least one of the following conditions must be met:

the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless the law prohibits them from doing so);

the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by law or a collective agreement pursuant to law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);

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;

the data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;

the processing relates to personal data which is manifestly made public by the data subject;

the processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;

the processing is necessary for substantial public interest reasons, on the basis of law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;

the processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the UK GDPR;

the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or

the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the UK GDPR (as supplemented by section 19 of the Data Protection Act 2018) based on law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.