GDPR Policy

Last updated

25/02/2019

Definitions

Company	means Integrated Learning Solutions Private Limited, a registered company.
GDPR	means the General Data Protection Regulation.
Responsible Person	means Mr. Deepak Malakar(Email ID: info@wheebox.com), Data Protection Officer at Integrated Learning Solutions Private Limited
Register of Systems	means a register of all systems or contexts in which personal data is processed by the company

1. Data protection principles

 

According to the GDPR Policy: 

Article 5 of the GDPR requires that personal data shall be:

1. processed lawfully, fairly and in a transparent manner in relation to individuals;
2. 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. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are 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 GDPR in order to safeguard the rights and freedoms of individuals; and
6. 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.”

2. General provisions

1. This policy applies to all personal data processed by the Organization.
2. The Responsible Person shall take responsibility for the Organization’songoing compliance with this policy.
3. This policy shall be reviewed at least annually.
4. This policy is in reference to Data Protection Agreement.

3. Lawful, fair and transparent processing

1. To ensure its processing of data is lawful, fair and transparent, the organization shall have a contract with the Client (Controller) covering lawfulness, fairness and transparency of processing.
2. The records of processing shall be reviewed at least annually.
3. Individuals have the right to access their personal data and any such requests made to the Company shall be dealt with in a timely manner.

4. Lawful purposes

1. All data processed by the Organizationmust be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests .
2. The Organization shall note the appropriate lawful basis in the Register of Systems.
3. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in  consent shall be kept with the personal data.
4. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Organization’s  

5. Data minimisation

1. The Organizationshall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

6. Accuracy

1. The Organizationshall take reasonable steps to ensure personal data is accurate.
2. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

7. Archiving / removal

1. To ensure that personal data is kept for no longer than necessary, the Organizationshall put in place an archiving policy for each area in which personal data is processed and review this process annually.
2. The archiving policy shall consider what data should/must be retained, for how long, and why.

8. Security

1. The Organizationshall ensure that personal data is stored securely using modern software that is kept-up-to-date.  
2. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
3. When personal data is deleted this should be done safely such that the data is irrecoverable.
4. Appropriate back-up and disaster recovery solutions shall be in place.

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, the Organization shall promptly assess the risk to people's rights and freedoms and if appropriate report this breach to CERT-IN within 6 hours and respective controllers.

 

Company GDPR Compliance

During the recruitment process an organization needs to collect personal data from the candidates which is crucial to build a profile of the candidate. We at the company, help our customers evaluate these candidates automatically by using our assessment tools and platform.

As we process the candidates on behalf of our customers, according to GDPR, we are considered a Data Processor and our customers are regarded as Data Controllers. In the capacity of a Data Processor, all the candidate information we receive or collect will be handled securely with adequate data protection. We will also ensure that we have an incident response plan to address an unforeseen incident that can put customers’ candidates’ personal information at risk, in accordance with the Article 32 of the GDPR regulation.

Data Subject Consent

As a Data processor, we require candidates to login using their emails, Mobile or any other personally identifiable data to access our tests. In addition, when candidates take a test, we allow our customers to collect additional information including a resume of the candidate. Any profile information requested for collection by our customers (the data controllers) will come under the purview of GDPR. Such information would be data elements like name, education, location, gender, resume information, etc., that can identify an individual.

According to Article 5 of the regulation, personal data can be “collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘lawfulness, fairness and transparency’)”.

In addition, according to Article 6 of GDPR, lawful reasons to process are any of the following:

• Data subject has given consent
• Processing is necessary for the performance of a contract to which the data subject is party (example, job application)
• Processing is necessary for compliance with a legal obligation to which the controller is subject
• Processing is necessary in order to protect the vital interests of the data subject
• 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.

 

Given that the processing should be fair, Company will ensure that we obtain consent from the candidates. We will update the terms & conditions that clearly states how we process information in a fair and transparent manner.

While GDPR requires that a data subject can revoke their consent at any time, pursuant to above stipulations in Article 6, it also allows this request to be declined if the processing of this information is required for legitimate interests pursued by the data controller. In other words, customers can decide whether to accept or deny the request from the candidate. We will take action based on the customer’s direction on how to proceed with any such request.

Data Management and Processing

This following section details exactly how we manage and process the data once we obtain it. It can be further broken down into 3 sections:

Data Transfer

Under Article 46 of the regulation, data can be transferred outside EU borders, if the processor has appropriate security measures in place, and if the customer (data controller) and Company (data processor) have entered into a contract that includes contractual clauses specified by EU. Transfer of data is allowed where “necessary for the performance of a contract between the data subject and the data controller.”

Data Storage

GDPR also stipulates that personally identifiable data should not be stored indefinitely. The company will provide the flexibility to customers (data controllers) to define how long their candidates’ personal data will be stored and when it will be deleted.

Secure Data Processing

According to Article 25 of GDPR, processing should be done using appropriate security measures. All the data is accessible using secured email id and password only, we also secure and encrypt candidate data at rest. Customers should be assured that we take data security very seriously and have controls in place to make sure we are compliant to global standards.

 

Rights of the Data Subject

GDPR provides broad rights for data subjects on how to manage their personal data. These can be further broken down into:

• Right to Access
• Right to Rectification
• Right to be Forgotten
• Right to Data Portability
• Right to Object

As per Article 5, we established that the information needs to be collected, stored and processed since there is legitimate interest for the controller to make the system fair. So, the customer (data controller) can determine if the candidate’s (data subject’s) request is valid and can be fulfilled. Customers can also deem the request as invalid and not fulfill, according to their agreed upon terms with the data subject.

 

As a processor, The company will empower its customers with configurable tools that give them the flexibility to determine their data policies, which offer rights to their candidates. This will include:

• Ability to set a routine data deletion process at a cadence determined by the customer.
• Ability to export information regarding a candidate.
• Ability to delete information regarding a candidate. The personal data will be removed and the non-personal data will be anonymized.
• Ability to edit candidate information.

 

Maintaining a Record

According to Article 30 of GDPR, each controller’s representative needs to maintain a record of all activities pertaining the personal information of a data subject.

Company maintains a detailed Audit log of all the activities. As part of compliance, Company will add any additional activities that customers need to be recorded. Customer need to contact Company to retrieve these logs.

 

Data Breach and Mitigation Process

Article 33 says that for any potential data breach, the supervisory authority must be notified within 72 hours of occurrence. Company has sufficient data monitoring mechanisms in place to become aware of any such breach. On discovery of a breach, Company intends to notify the customer (controller) of the occurrence immediately, not exceeding 72 hours after the occurrence. The communication will be sent as per the guideline mentioned in Article 33. This will give sufficient time for our customers to convey the breach to the respective authorities.

 

Company GDPR commitment

Our customer's security, defensibility, and compliance is the utmost priority at the Company. We are taking all the required steps ahead of time to ensure that we are compliant and, in turn, our customers are GDPR-compliant as well.

END OF POLICY