​GDPR
GDPR
Kiltorcan Raceway General Data Protection Regulation Policy
1. Introduction
This Policy sets out the obligations of Kiltorcan Raceway regarding data protection and the rights of Kiltorcan Raceway customers, staff, preferred partners and third-party contractors (“data subjects”) in respect of their personal data under the General Data Protection Regulation (“the Regulation”). The Regulation defines “personal data” as any information relating to an identified or identifiable natural person (a data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. This Policy sets out the procedures that are to be followed when dealing with personal data. The procedures and principles set out herein must be followed at all times by Kiltorcan Raceway, its employees, agents, contractors, or other parties working on behalf of Kiltorcan Raceway. Kiltorcan Raceway 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.
2. The Data Protection Principles
This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. 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;
3. Lawful, Fair, and Transparent Data Processing
The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:
4.
a. b. c. d. e. f.
4.1.
4.2.
the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
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;
processing is necessary for compliance with a legal obligation to which the controller is subject;
processing is necessary to protect the vital interests of the data subject or of another natural person;
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 controller;
processing is necessary for the purposes of the legitimate interests pursued by the 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.
Processed for Specified, Explicit and Legitimate Purposes
Kiltorcan Raceway collects and processes the personal data set out in Part 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties (for example, non-members contact details).
Kiltorcan Raceway only processes personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
Adequate, Relevant and Limited Data Processing
5.
Kiltorcan Raceway will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.
6. Accuracy of Data and Keeping Data Up To Date
Kiltorcan Raceway shall ensure that all personal data collected and processed is kept accurate and up-to- date.
The accuracy of data shall be checked when it is collected and every six months as a minimum. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
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7. Timely Processing
Kiltorcan Raceway shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.
8. Secure Processing
Kiltorcan Raceway shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Parts 22 and 23 of this Policy.
9. Accountability
9.1. Kiltorcan Raceway’ Data Protection Officer is Anthony Holland, e-mail address – info@kiltorcan.com
9.2. Kiltorcan Raceway shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
Privacy Impact Assessments
10.
Kiltorcan Raceway shall carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments shall be overseen byKiltorcan Raceway’ Data Protection Officer and shall address the following areas of importance:
10.1. The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
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11.
The Rights of Data Subjects
12.
10.2. 10.3.
10.4. 10.5.
Details of the legitimate interests being pursued by Kiltorcan Raceway;
An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
An assessment of the risks posed to individual data subjects; and
Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.
The Regulation sets out the following rights applicable to data subjects:
a. b. c. d. e. f. g. h.
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;
Rights with respect to automated decision-making and profiling. Keeping Data Subjects Informed
12.1. Kiltorcan Raceway shall ensure that the following information is provided to every data subject when personal data is collected:
13.
safeguards in place (see Part 24 of this Policy for further details concerning such third country data transfers);
13.2. The information set out above in Part 12.1 shall be provided to the data subject at the following applicable time:
12.2.1. Where the personal data is obtained from the data subject directly, at the time of collection;
12.2.2. Where the personal data is not obtained from the data subject directly (i.e. from another party):
Data Subject Access
13.1.
13.2. 13.3.
A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which Kiltorcan Raceway holds about them. Kiltorcan Raceway is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
All subject access requests received must be forwarded to Kiltorcan Raceway’ Data Protection Officer via email at: info@kiltorcan.com
Kiltorcan Raceway does not charge a fee for the handling of normal SARs. Kiltorcan Raceway reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or
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14.
Rectification of Personal Data
15.
Erasure of Personal Data
15.1. Data subjects may request that Kiltorcan Raceway erases the personal data it holds about them in the following circumstances:
14.1.
14.2.
If a data subject informs Kiltorcan Raceway that personal data held by Kiltorcan Raceway is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
15.2.
15.3.
Unless Kiltorcan Racewayhas reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
excessive, particularly where such requests are repetitive.
16. Restriction of Personal Data Processing
16.1.
16.2.
Data subjects may request that Kiltorcan Raceway ceases processing the personal data it holds about them. If a data subject makes such a request, Kiltorcan Raceway shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is
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18.
Objections to Personal Data Processing
19.
Automated Decision-Making
19.1. In the event that Kiltorcan Raceway uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Kiltorcan Raceway.
18.1. 18.2.
18.3. 18.4.
Data subjects have the right to object to Kiltorcan Raceway processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling).
Where a data subject objects to Kiltorcan Raceway processing their personal data based on its legitimate interests, Kiltorcan Raceway shall cease such processing forthwith, unless it can be demonstrated that Kiltorcan Raceway’ legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
Where a data subject objects to Kiltorcan Raceway processing their personal data for direct marketing purposes, Kiltorcan Raceway shall cease such processing forthwith.
Where a data subject objects to Kiltorcan Raceway processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. Kiltorcan Raceway is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
impossible or would require disproportionate effort to do so).
17. Data Portability
17.1. 17.2.
17.3.
17.4. 17.5.
Kiltorcan Raceway does not process personal data using automated means.
Where data subjects have given their consent to Kiltorcan Raceway to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between Kiltorcan Raceway and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).
To facilitate the right of data portability, Kiltorcan Raceway shall make available all applicable personal data to data subjects in the following format[s]:
Microsoft excel, Microsoft word .csv file
Where technically feasible, if requested by a data subject, personal data shall be sent directly to another data controller.
All requests for copies of personal data shall be complied within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
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20.
Profiling
Where Kiltorcan Raceway uses personal data for profiling purposes, the following shall apply:
Personal Data
21.
19.2.
a.
b. c.
The right described in Part 19 does not apply in the following circumstances:
the decision is necessary for the entry into, or performance of, a contract between Kiltorcan Raceway and the data subject;
The decision is authorised by law; or
The data subject has given their explicit consent.
The following personal data may be collected, held, and processed by Kiltorcan Raceway:
22. Data Protection Measures
Kiltorcan Raceway shall ensure that all its employees, agents, contractors, or other parties working on its behalf comply with the following when working with personal data:
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c. Personal data may be transmitted over secure networks only; transmission over unsecured networks are not permitted in any circumstances;
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p. All electronic copies of personal data should be stored securely using passwords.
23. Organisational Measures
Kiltorcan Raceway shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
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​personal data fails in their obligations under this Policy that party shall indemnify and hold harmless Kiltorcan Raceway against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
24. Transferring Personal Data to a Country Outside the EEA
24.1. Kiltorcan Raceway may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
24.2. The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
25. Data Breach Notification
25.1. 25.2.
​All personal data breaches must be reported immediately to Kiltorcan Raceway Data Protection Officer.
If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware
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25.3.
25.4.
In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 25.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
Data breach notifications shall include the following information:
of it.
26. Implementation of Policy
This Policy shall be deemed effective as of 4th November 2021 No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by: Anthony Holland