The protection of personal data is data subjects’ fundamental right and a priority for BookBeam OÜ (‘The Company’, ‘BookBeam’ or ‘we’ or ‘us’ or ‘our’). As such, the Company as a data controller is committed to protecting the privacy and security of personal information of all of its data subjects.
To comply with data protection requirements, the Company has developed appropriate arrangements, included in this Policy to outline data protection principles, personal data we collect and our obligations as a data controller.
This Policy supplements and should be read in conjunction with our other policies and procedures in force from time to time, which have been stipulated in this Policy.
BookBeam has implemented this Policy to provide necessary principles and arrangements of processing personal data in a lawful and correct manner.
1.3. SCOPE AND APPLICABILITY
This Policy applies to all personal data for which the Company acts as a ‘data controller’ or ‘joint controller’, regardless of the media on which that data is processed, stored or maintained (‘hereinafter ‘personal data’).
The Policy applies to all Company data subjects, including also its suppliers, employees in all Company business areas/locations, former employees, temporary workers, other contractors, volunteers and third parties authorised by them to exercise their data subject rights, collectively named in this Policy as ‘data subject’.
1.4. POLICY OWNER
The maintenance and the timely update of this Policy are responsibilities of the Data Protection Officer (‘DPO’).The overall responsibility for ensuring that personal data is being processed in a lawful and correct manner rest with the DPO and Privacy Team.
This Policy is non-contractual and does not form part of the terms and conditions of any employment or other contract. BookBeam may amend this Policy at any time (without consultation). The Policy will be regularly reviewed to ensure that it meets legal requirements and relevant guidance published by the Estonian Data Protection Inspectorate (And mekaitseInspektsioon). When reissued, the main changes will be listed in the Document History part of this Policy.
1.5. REGULATORY REQUIREMENTS
- European General Data Protection Regulation 2016/679 (‘GDPR’).
- Estonian Personal Data Protection Act, 2018
- Estonian Personal Data Protection Implementation Act, 2019.
All Company employees are expected to adhere to this Policy, as well as any other related policies and/or guidelines, as these may become available from time to time.
Please bear in mind that this Policy, as well as other policies and procedures of the Company are – to a certain extent- principle-based documents that do not and cannot anticipate every possible situation, nor can they replace the exercise of sound judgment. You should consult promptly with your immediate supervisor and/or the DPOwith any questions concerning this Policy.A breach of this Policy may, in appropriate circumstances, be treated as a disciplinary matter. Following investigation, this may be regarded as misconduct leading to disciplinary action, up to and including dismissal.
"Automated Decision-Making (‘ADM’)”
means a decision, which is based solely on automated processing (including profiling), which produces legal effects or significantly affects an individual. The GDPR regulations prohibit automated decision-making, unless certain conditions are met;
means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements (e.g. profiling);
means any 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 agreement to the processing of personal data relating to them;
“Criminal convictions data”
means any 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 agreement to the processing of personal data relating to them;
means all, identified or identifiable, individuals about whom BookBeam holds personal data;
mean people who, or organisations which, alone or jointly with others (‘joint data controllers’), determine the manner in which any personal data is processed. They are responsible for establishing practices and policies to ensure compliance with the law;
mean any person or organisation that is not a data user (or other employee of a data controller) that processes data on our behalf and in accordance with our instructions (for example, a supplier which handles data on our behalf);
means a consent, which requires a very clear and specific statement;
“Personal data” or “Personal information”
means any information identifying a data subject or information relating to a data subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal data includes special categories of personal data and pseudonymised personal data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (e.g. first name, last name, email address, password, residential address and password) or an opinion about that person’s actions or behaviour;
“Processing” or “Process”
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;
“Pseudonymisation” or “Pseudonymised”
means 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;
“Special categories of personal data”
means any information revealing racial, ethnic origin, philosophical, religious, moral beliefs, physical or mental health conditions and biometric data.
3. PERSONAL DATA PRINCIPLES
Certain visitors to BookBeam’s websites choose to interact with BookBeam in ways that require BookBeam to gather personally-identifying information. The amount and type of information that BookBeam gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at http://wordwave.pub to provide a username and email address.
The Company as a data controller maintains personal data of data subjects and therefore is committed to adhere to the following principles (‘personal data principles’):
(a) Lawfulness, fairness and transparency – personal data should be processed lawfully, fairly and in a transparent manner in relation to the data subject.
(b) Purpose limitation – personal data should be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
(c) Data minimisation– personal data should be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
(d) Accuracy – personal data should be 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 is processed, will be erased or rectified without delay.
(e) Storage limitation – personal data should 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. 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.
(f) Integrity and confidentiality– personal data shall be processed in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
The Company will ensure to be able to demonstrate its compliance with the personal data principles both in the processing of personal data the Company currently carries out, and as part of the introduction of new methods of processing such as new IT systems and high organizational standards(hereinafter ‘accountability’).
3.1. LAWFULNESS, FAIRNESS AND TRANSPARENCY
BookBeam will collect, process and share personal data in a fairly, transparent and lawfully manner and for specified purposes. The GDPR restricts our actions regarding personal data to specified lawful purposes. These restrictions are not intended to prevent processing, but ensure that we process personal data fairly and without adversely affecting the data subject.As such, the Company has implemented the following arrangements when processing personal data of data subjects:
- a) Consent
The Company as a data controller will only process personal data on the basis of one or more of the lawful bases set out in the GDPR,when the data subject has given consent to the processing of his personal data for one or more specific purposes.Where processing of personal data is based on a consent, the Company will ensure to be able to demonstrate that data subject has consented to processing of his personal data. The request for consent will be presented in an intelligible and accessible form, using plan and clear language.
The Company will ensure that data subject’s consent for processing his personal data meets the following conditions:
Freely given – A data subject consents to processing of their personal data if they indicate agreement clearly either by a statement or positive action (e.g. opt-in checkbox) to the processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient.
Specific – Consent must be given in relation to a specific purpose. When the Company’s business services involve multiple processing operations for more than one purpose, data subjects will be free to choose which purpose they accept. When the Company will intend to process personal data for a different and incompatible purpose which was not disclosed when the data subject first consented, then the consent will need to be refreshed and the data subject will have to provide his consent for the new specific purpose. If consent is given in a document which deals with other matters, then the consent given by a data subject will be kept separate from those other matters.
Informed – The Company will provide information to data subjects prior obtaining their consent to allow them to make informed decisions and understand what they are agreeing. The Company will ensure that data subjects will be easily able to withdraw consent to processing at any time and withdrawal will be promptly honoured.
When processing special category of personal data or criminal convictions data,the Company will rely on a legal basis for processing other than explicit consent or consent if possible. Where explicit consent is relied on, the Company will issue a Privacy Notice to the data subject to capture explicit consent.
To evidence consent obtained from data subjects, the Company will keep records of all consents in accordance with related policies, privacy Notices and procedures so that the Company can demonstrate compliance with consent requirements.
- b) Performance of a contract
Where the personal data collected and processed by the Company is required to fulfil a contract with the data subject (e.g. contract cannot be completed without the personal data in question or delivery cannot be made without an address to deliver), the Company can process his personal data to perform the contract and data subject’s explicit consent is not required.
- c) Legal and compliance obligation
BookBeam will not be required to obtain the data subject explicit consent, if processing of personal data will be required in order to comply with the relevant legal requirements, such as data related to employment and taxation for example, or any areas addressed by the public sector and regulatory bodies.
- d) Vital interests of the data subject
In a case where the personal data is required to protect the vital interests of the data subject or of another natural person, then the Company may vital interest as the lawful basis for processing this data. The Company will retain reasonable, documented evidence about processing of data in relation to data subjects’ vital interests, whenever this reason is used as the lawful basis of the processing of personal data.
- e) Task carried out in the public interest
Where the Company needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
- f) Legitimate interests
If the processing of specific personal data is in the legitimate interests of the Company and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing.
BookBeam as a data controller will provide detailed, specific information to data subjects depending on whether the information was collected directly from data subjects or indirectly. The Company will notify data subjects through appropriate privacy notices which will be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a data subject can easily understand them.
Whenever we collect personal data directly from data subjects, (including personal data collected for human resources purposes or in relation to employment purposes)once a data subject provides his personal data, the Company will provide him with the following information(hereinafter the ‘Privacy Notice’):
- the identity and the contact details of the Company as a data controller.
- information and contact details of the DPO.
- details how and why we use, process, disclose, protect and retain that personal data.
- the period for which the personal data will be stored.
- the data subject rights in relation to right to access to his data, rectification or erasure of personal data, restriction of processing concerning the data subject or right to object to processing as well as the right to data portability.
- the right to lodge a complaint with a competent authority.
When personal data is collected not directly from the data subject (for example, from a third party or publicly available source), we will provide the data subject with all the information stipulated in the Privacy Notice as soon as possible after collecting or receiving the data. BookBeam will also check that the personal data was collected by the third party in accordance with the GDPR requirements and on a basis which contemplates our proposed processing of that personal data.
3.2. PURPOSE LIMITATION
BookBeam will collect data subjects’ personal data only for specified, explicit and legitimate purposes and will not further process this data in any manner incompatible with those purposes.
We will not use personal data for new, different or incompatible purposes from that disclosed when it was first obtained from the data subject, unless we have informed the data subject of the new purposes and they have consented where necessary.
3.3. DATA MINIMISATION
As the personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
Employees may only process personal data when performing your job duties requires it, and not process personal data for any reason unrelated to their job duties.
Employees may only collect personal data that are required for their job duties: do not collect excessive data. Ensure any personal data collected is adequate and relevant for the intended purposes.
Employees must ensure that when personal data is no longer needed for specified purposes, it will be deleted or anonymised in accordance with our Data Retention Policy.
BookBeam will ensure that the personal data we use, and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. To comply with our obligations as a data controller, we will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. When personal data will be inaccurate, we will take all reasonable steps to destroy or amend inaccurate or out-of-date personal data.
3.5. STORAGE LIMITATION
BookBeam will not keep personal data in an identifiable form for longer than is necessary for the purposes for which the data is processed. As such the Company will maintain Data Retention Policy and implement necessary arrangements to ensure personal data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires that data to be kept for a minimum time.
BookBeam will ensure not to keep personal data in a form which permits the identification of the data subject for longer than needed for the legitimate business purpose or purposes for which we originally collected it, including for the purpose of satisfying any legal, accounting or reporting requirements.
BookBeam will take all reasonable steps to destroy or erase from our systems all personal data that we no longer require in accordance with all the Company’s applicable records retention schedules, included in the Data Retention Policy, which includes also requiring third parties to delete that data where applicable.
We will ensure that data subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice.
3.6. INTEGRITY AND CONFIDENTIALITY
The Company will ensure that personal data willbe secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
We will develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of personal data that we own or maintain on behalf of others and identified risks (including use of encryption and pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our processing of personal data.
The Company will maintain data security by protecting the personal data, which will include the following measures:
- (a) Confidentiality– the Company will allow access to personal data only for people who have a need to know and are authorised to use that personal data;
- (b) Integrity– he Company will ensure that personal data is accurate and suitable for the purpose for which it is processed; and
- (c) Availability– only authorised users are able to access the personal data when they need it for authorised purposes.
The Company is responsible for protecting the personal data we hold from the point of collection to the destruction. As such, we have implemented reasonable and appropriate security measures against unlawful or unauthorised processing of personal data and against the accidental loss of, or damage to, personal data. The Company is required to exercise particular care in protecting special categories of personal data and criminal convictions data from loss and unauthorised access, use or disclosure.
For more information about Company’s technical and organisational measures to provide security of the personal data and protection against authorised or unlawful processing, please refer to the Information Security Policy.
The Company, as a data controller has implemented appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles, which include the following:
(a) appointing a suitably qualified DPO;
(b) implementing data protection by design and by default arrangements when processing personal data and completing DPIAs where processing presents a high risk to rights and freedoms of data subjects;
(c) integrating data protection requirements into Company’s internal documents, which refer to data subject’s rights and personal data, including its policies, procedures or Privacy Notices;
(d) regularly training its personnel on the GDPR regulations and data protection matters including, for example, data subject’s rights, explicit consent, DPIA and personal data breaches. The Company will maintain a record of training attendance by BookBeam personnel; and
(e) 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.
4. REPORTING A PERSONAL DATA BREACH
The Company as a data controller is responsible for notifying personal data breach to the applicable competent authority and, in certain instances, communicate the breach to the data subject.
To comply with our data breach reporting obligations, we have put in place appropriate procedures to deal with any suspected personal data breach. For more information about Company’s principles in relation to data breach management and detailed procedure when data breach occurs, please refer to Data Breach Management Policy (Ref. GRDBM001) and Data Breach Management Procedure (Ref. GRDBM002).
5. TRANSFER LIMITATION
Transfer of personal data originating in one country across borders includes transmitting, sending, viewing or accessing that data in or to a different country.The GDPR regulation restrict data transfers to countries outside the European Economic Area (‘EEA’) to ensure that the level of data protection afforded to individuals by the data protection requirementsis not undermined.
The Companymay only transfer personal data outside the EEA if one of the following conditions applies:
(a) the European Commission has issued a decision confirming that the country to which we transfer the personal data ensures an adequate level of protection for the data subject’s rights and freedoms.
(b) appropriate safeguards are in place such as binding corporate rules (‘BCR’), 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.
(c) the data subject has provided explicit consent to the proposed transfer after being informed of any potential risks or
(d) the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the data subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the data subject where the data subject is physically or legally incapable of giving consent and, in some limited cases, for our legitimate interest.
6. DATA SUBJECT’S RIGHTS
The Company understand that data subjects have rights in respect of their personal data, namely rights to accessibility, rectification, deletion and portability of their personal data as well as to restrict or to object to the processing of that data (collectively referred as ‘data subject rights’).
To enable data subjects to exercise their rights in relation to the data maintained and processed by the Company, we have implemented appropriate principles and arrangements in relation to data subject rights. For more information about how the Company handles and responds to data subjects rights, please refer to our Data Subject Rights Policy and associated to this policy documentation.These include rights to:
(a) withdraw consent to processing at any time;
(b) receive certain information about the data controller’s processing activities;
(c) request access to their personal data that we hold;
(d) prevent our use of their personal data for direct marketing purposes;
(e) ask us to erase personal data if it is no longer necessary in relation to the purposes for which it was collected or processed or to rectify inaccurate data or to complete incomplete data;
(f) restrict processing in specific circumstances;
(g) challenge processing which has been justified on the basis of our legitimate interests or in the public interest;
(h) request a copy of an agreement under which personal data is transferred outside of the EEA;
(i) object to decisions based solely on automated processing, including profiling (ADM);
(j) prevent processing that is likely to cause damage or distress to the data subject or anyone else;
(k) be notified of a personal data breach which is likely to result in high risk to their rights and freedoms;
(m) 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.
7. RECORD KEEPING
The Company will maintainfull and accurate records of all our data processing activities, including records reflecting processing of data subjects personal data, data subjects’ consents and documentation required for obtaining consents.
These records will contain all of the following information:
- the name and contact details of the Company as a data controller and its DPO;
- clear descriptions of the categories of personal data and data subjects;
- processing activities (the gathering, processing or use of personal data);
- processing purposes;
- third-party recipients of the personal data;
- personal data storage locations;
- personal data transfers;
- the personal data’s retention period; and
- the description of the security measures that the Company has in place.
8. TRAINING AND AUDIT
The Company will provide all its employees with adequate training to enable them to comply with data protection requirements. DPO will ensure to support employees when dealing with data subjects rights or matters, which refer to personal data.
We will also regularly test our systems and processes to assess compliance with our data protection obligations and protection of personal data we maintain.
9. DATA PROTECTION OFFICER
- (a) if you are unsure of the lawful basis which you are relying on to process personal data (including the legitimate interests used by the Company).
- (b) if you need to rely on consent and/or need to capture explicit consent.
- (c) if you need to draft Privacy Notices.
- (d) if you are unsure about the retention period for the personal data being processed.
- (e) if you are unsure about what security or other measures you need to implement to protect personal data.
- (f) if there has been a personal data breach.
- (g) if you are unsure on what basis to transfer Personal Data outside the EEA.
- (i) whenever you are engaging in a significant new, or change in, processing activity which is likely to require a DPIA or plan to use personal data for purposes other than what it was collected for.
- (j) if you plan to undertake any activities involving automated processing including profiling or automated decision-making.
- (l) if you need help with any contracts or other areas in relation to sharing personal data with third parties.
- (a) to inform and advise the Company and the employees who carry out processing of their obligations pursuant to data protection requirements.
- (b) to monitor compliance with data protection regulations and with BookBeam policies and procedures in relation to the protection of personal data, including assignment of responsibilities, awareness-raising and training of employees involved in processing operations and the related audits.
- (c) to provide advice where requested as regards the data protection impact assessment and monitor its performance.
- (d) to cooperate with competent authority.
- (e) to act as the contact point for the competent authority on issues relating to processing of personal data and to consult, where appropriate, with regard to any other matter.
10. DATA PROTECTION BY DESIGN
BookBeam, as a data controller, will, both at the time of the determination of the means for processing and at the time of processing itself, implement appropriate technical and organisational measures when processing personal data (like pseudonymisation), which are designed to implement data protection principles (such as data minimisation) in an effective manner and to integrate necessary safeguards into the processing in order to comply with our data protection requirements and protect the rights of data subject (‘data protection by design’).
We will assess what data protectionby design measures can be implemented on all programmes, systems or processes that process personal data by taking into account the following:
- the state of the art;
- the cost of implementation;
- the nature, scope, context and purposes of processing; and
- the risks of varying likelihood and severity for rights and freedoms of data subjects posed by the processing.
11. DATA PROTECTION IMPACT ASSESSMENT (DPIA)
Taking into account the nature, scope, context and purpose of processing of personal data, which is likely to result in a high risk to the rights and freedoms of natural persons, the Company will, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (‘data protection impact assessment’ or ‘DPIA’).
BookBeam as a data controller will conduct DPIAs in respect to high-risk processing, when implementing major system or business change programs involving the processing of personal data including:
- use of new technologies or changing technologies (programs, systems or processes).
- automated processing including profiling and automated decision making (‘ADM’).
- large-scale processing of special categories of personal data or criminal convictions data; and
- large-scale, systematic monitoring of a publicly accessible area.
We will ensure that DPIA will include:
- a description of the processing, its purposes and the data controller’s legitimate interests.
- an assessment of the necessity and proportionality of the processing in relation to its purpose.
- an assessment of the risk to individuals; and
- the risk mitigation measures in place and demonstration of compliance.
12. AUTOMATED PROCESSING AND ADM
BookBeam is aware that data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or similarly significantly affects him or her, unless:
(a) a data subject has explicitly consented;
(b) the processing is authorised by law; or
(c) the processing is necessary for the performance of or entering into a contract.
If certain types of special categories of personal data or criminal convictions data are being processed, then grounds (b) or (c) will not be allowed but the special categories of personal data and criminal convictions data can be processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.
If a decision is to be based solely on automated processing (including profiling), then data subjects will be informed when BookBeam first communicates with them of their right to object. BookBeam will inform data subject about his right, which will be explicitly brought to his attention and presented clearly and separately from other information. We will put in place suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests.
We will also inform the data subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the data subject the right to request human intervention into the automated decision, express their point of view or challenge the decision.
13. DIRECT MARKETING
BookBeam is aware that data subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing customers known as “soft opt-in” allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
The right to object to direct marketing will be explicitly offered to the data subject in an intelligible manner so that it is clearly distinguishable from other information. A data subject’s objection to direct marketing will be promptly honoured by BookBeam. If a customer opts out at any time, their details will be suppressed from our systems as soon as possible.
14. SHARING PERSONAL DATA
We will share the personal data we hold with another employee, agent or representative BookBeamonly if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions. The Company will ensure no to share personal data with any third parties unless certain safeguards and contractual arrangements have been put in place, such us:
(a) service providers have a need to know the information for the purposes of providing the contracted services.
(b) sharing the personal data complies with the Privacy Notice provided to the data subject and, if required, the data subject’s consent has been obtained.
(c) the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place.
(d) the transfer complies with any applicable cross-border transfer restrictions; and
(e) a fully executed written contract that contains GDPR-approved third party clauses has been obtained.
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17. Contact Information