Empower People Development Limited (“Empower PD ”) has created this document to demonstrate its commitment to data privacy and its alignment to the requirements of the Data Protection Act 1998 and, in substitution from 25 May 2018, the General Data Protection Regulation 2018 (“GDPR”) in respect of handling and processing personal data.
Empower PD is registered with the UK Information Commissioner’s Office as a Data Controller and Data Processor.
Data received from Centres
We (or our third party sub-processors acting on our behalf) will collect and process data that is provided to us by centres/customers. Personal data may be included in the data you provide about learners, tutors, assessors and centre contacts. It is important that contractual arrangements with those individuals clearly set out how you will use their data and with whom it could potentially be shared. We require all our customers to comply with the GDPR.
By adding individuals’ personal data to Empower PD ’s systems, or by sending personal data via email or by other methods to Empower PD , you give consent to us processing the data and you confirm that you have obtained the appropriate consent from the relevant individuals for the personal data to be processed by Empower PD .
Empower PD will retain and use this data to perform the contract between us whilst you remain a Empower PD Customer and further will use it where it is in Empower PD ’s legitimate interest, for example fraud prevention.
We collect Tutor and Centre contact personal data as a Data Controller and uses it for the purpose of centre applications, Once the application has been successful this data will be held securely on our systems for the duration of the contract.
We will review incomplete Tutor and Centre applications annually and delete those over 12 months old.
You may provide us with personal data about learners when you add learner details to courses, work-based learning awards or exams. We will collect this as a Data Controller in our role as an Awarding Body. The personal data is usually limited to the details required for us to undertake the basic functions of an Awarding Body and the certification process. These details will include (but may not be limited to) a learner’s name, date of birth, gender, telephone number and qualification awarded. For certain qualifications, such as those within the security industry, data held will include photo images and signatures in line with the Security Industry Authority’s (“SIA”) requirements.
In line with our regulatory requirements and requirements to deliver future services such as certificate re-prints and the confirmation of awards, this basic learner-level data will be held by Empower PD indefinitely.
Information processed as part of a learner’s qualification, such as physical exam papers, will be held for a maximum of 6 months. Personal data captured as part of a quality visit (such as video evidence of training) will be used for the purpose and outcomes of the visit, and then destroyed or deleted.
Learners may also contact Empower PD to request certificate replacements. In these circumstances, a record of a learner’s address is taken so that the certificate can be sent. This is held on file for a maximum of 6 months before it is destroyed or deleted.
You may provide us with information about centre contacts who will administer the activities associated with Empower PD on behalf of the centre. We will collect this information as a Data Controller. These details may include:
It is important that you seek permission from the centre contacts if you provide their personal data to us. We may use the centre contact’s personal data for the functions described in the Empower PD Centre Agreement, which include:
The centre contact’s details will be retained for as long as we provide a service to a centre. If centre contacts leave the organisation, it is the organisation’s responsibility to inform Empower PD so that personal details and accounts can be disabled and removed.
Tutors, assessors and internal quality assurance (IQA) staff
Tutors, assessors and quality assurance staff provide Empower PD with information about their experience and qualifications that confirm their ability to teach Empower PD qualifications. As such, Empower PD may hold a substantial set of personal details about a tutor, assessor and other staff. These may include:
This data is required for regulatory purposes to ensure that we meet the necessary conditions of the Awarding Body. We collect this information in the capacity of a Data Controller.
It is important that our customers seek permission from staff members before providing us with their personal data.
End Point Assessment
Empower PD will process personal data for the performance of End point Assessment. It collects this personal data in the capacity of a Data Controller. Employers will provide Empower PD with data for the processing of assessments for learners; it is the responsibility of the Employer to ensure that learners are aware and have consented to their data being share with Empower PD . Empower PD may share this data with Associate End Point Assessors, Awarding Organisations and Regulators. We have carried out a comprehensive review of their activities in relation to GDPR via questionnaires and agreements are in place which will be reviewed annually.
Other than as set out in the next paragraph and even where we collect personal data in the capacity of a Data Controller, we will never distribute or share personal data that is held on our system with any third parties other than Empower PD ’s employees, consultants and sub-contractors.
We may share personal data with regulatory bodies in respect of:
Empower PD /Highfield have a number of suppliers of services where personal data is shared including but not limited to:
We have carried out a comprehensive review of their activities in relation to GDPR via questionnaires and agreements are in place which will be reviewed annually.
Further information regarding specific companies can be provided on request.
Empower PD maintains a marketing database that contains the basic details of individuals who have consented to Empower PD sending information about products, qualifications, events or services, as well as general news about the Empower PD companies, to them, via email.
Each marketing email that is sent provides you with the ability to unsubscribe from receiving marketing emails at any time.
We will at times contact you (or your head of centres, if this is not you) by email with important updates that you must be made aware of as a Empower PD approved centre. These updates are mandatory and for regulatory reasons you are unable to unsubscribe from these. We will also on occasion send you communications which we believe will be of legitimate interest to you regarding new products and qualifications, which you will be able to unsubscribe to should you wish.
External Consultants, EQS, SME’s, End Point Assessors, Exam Markers, Suppliers
Empower PD engage the services of external freelance consultants and suppliers for various purposes within the company.
It is necessary to obtain and retain personal data for the fulfilment of contracts. We collect this personal data in the capacity of a Data Controller. Data including but not limited to: names, addresses, contact details, professional qualifications, identification documents, bank details – will be held on Empower PD Systems and Finance Software.
Contracts are reviewed annually, and inactive partnerships deleted from systems.
It is necessary to share bank details with our bankers to make payments for services, Empower PD will always make sure that the details are only processed using secure banking systems.
Empower PD will never share this information elsewhere, outside of the company unless required to do so by a regulatory or legal authority.
Website use – tracking and monitoring
Users of Empower PD Group websites should refer to the privacy section of Empower PD ’s terms and conditions. This provides details on how information that is collected on the website is managed by Empower PD .
Empower PD will only process and hold staff data for the legitimate purpose of employment.
Personal data including name, address, contact details, NI number, date of birth, bank details, employment history, medical history, next of kin contact details is stored and processed on the Empower PD HR drive and Sage payroll system and will be held for the duration of the employment.
On leaving the company all data will be removed from systems and personnel files and be archived for a period of 3 years before being securely destroyed. PAYE information will be held on Sage 50 payroll for 6 years after as required by HMRC.
CV’s and interview notes will be held for 6 months after the recruitment of a role before being securely destroyed or deleted. Data for successful candidates will be stored with employment data.
Prospective CV’s will be considered on receipt, shared with internal departments and destroyed should no suitable vacancies be available. Empower PD does not store prospective CV’s.
References will be requested from former employers as part of employment terms. Factual references for former staff will only be provided on request from future employers, Empower PD will only state dates of employment and final role. On receipt of financial reference requests, HR staff will seek consent before providing information.
Personal data will be shared with relevant agencies for the appropriate performance of pensions schemes, tax affairs, benefit schemes, insurances, fleet management, illness cover. Staff participation in such services will indicate consent to share required data for the performance of the service.
Empower PD ’s online systems have security measures in place to help protect against the loss or misuse of any data under our control.
When the websites are accessed by users, data traffic is encrypted using up to date secure socket layer (SSL) technology so that it can only be accessed by the end user.
All sensitive information on the website, such as passwords, are encrypted by a proprietary encryption system. All personal data can only be accessed by the relevant end users by way of unique user names and passwords that must be entered when a user logs in to the systems.
Empower PD are PCI DSS (Payment Card Information Data Security Standard) compliant. Credit card information is never stored on Empower PD ’s systems and is only used to authorise the specific transaction through Empower PD ’s card payment authority (Strike/ Pay Pal) and then removed. Where credit card data is held (for speed of future payments), this is only held by Strike/Pay Pal. Under no circumstances will your credit card information be passed to any other third party.
Where we store data
All data in Empower PD ’s systems is stored on a secure set of servers hosted by our hosting provider. The servers reside in the United Kingdom. Data is frequently backed up and stored in the provider’s backup / disaster recovery facility, which is also in the UK.
This is in a secure server hosting facility with the necessary environmental, physical and technical controls in place to ensure unapproved access is prevented.
Empower PD ’s email data is stored with Microsoft located in EU data-centres and follows Microsoft standard security and backup processes.
Destruction of physical data
Empower PD employees are trained to destroy all personal data securely. Empower PD have contracts in place to have all paperwork containing personal data securely shredded on site. Certificates are provided to confirm secure shredding.
Data breach incidents
In line with our regulatory requirements, Empower PD has a set of processes for issue and incident management, including data breaches. These processes include the required notifications to be sent to the Information Commissioners Office and to customers. This is reviewed annually and may be subject to change.
General Data Protection Regulation 2018
Empower PD has adapted its policies and procedures to ensure it is compliant with the GDPR. This document has been produced to represent our current status and will be reviewed annually and updated as processes are developed.
Under GDPR, individuals have certain rights when it comes to the control of personal data:
The right to be informed. Each individual has the right to be given information about how their data is being processed and why. Empower PD have provided this policy to show how we handle your data.
The right of access. Empower PD have a duty to comply with the requirements of Subject Access Requests (SAR)
The right to rectification. The GDPR includes a right for individuals to have inaccurate personal data rectified or completed if it is incomplete.
The right to be forgotten. You have the right to ask Empower PD to remove your data.
The right to restrict processing. You may restrict processing for a legitimate reason, we would still have the right to hold that information.
The right to data portability. You may be able to obtain the information we hold about you and use it for your own purposes. Conditions apply.
Should you wish to exercise any of your rights above, please email firstname.lastname@example.org stating the following information:
Relationship to Subject
Full details of information relating to your request Reason for request and the right being exercised.
You will be asked to verify your identity if you are the subject alternatively you will be asked to provide consent from the subject if you are a representative.
Should we require further information we will contact you.
Your request will be dealt within one month of receipt of your request.
Under the GDPR you have further rights in relation to automated decision making and profiling. Empower PD currently only use automated profiling for the purpose of Functional Skills and e Learning requirements, the purpose of this profiling is to determine appropriate skills levels. Should any further automated processes be implemented, the policy will be reviewed and updated.
E-learning learners’ data
You may provide us with personal data about learners when you add learner details to our system. We will collect this as a Data Controller in our role as an online training course supplier. It is the responsibility of the customer to ensure that learners are aware and have consented to their data being share with Empower PD . The personal data is usually limited to the details required for us to undertake the basic functions of an online training course supplier. These details will include learner’s name, training course(s) details and may also include date of birth and gender. To deliver future services such as training confirmation and certificate re-prints, this basic learner-level data will be held by Empower PD indefinitely.
You may provide us with information about administrators who will administer the activities associated with Empower PD on behalf of the customer. We will collect this information as a Data Controller.
These details may include; names; email addresses; telephone numbers and billing information.
It is important that you seek permission from the administrator if you provide their personal data to us. We may use the administrator’s personal data for the functions described below:
The administrator’s details will be retained for as long as we provide a service to a customer. If an administrator leaves the organisation, it is the organisation’s responsibility to inform Empower PD so that personal details and accounts can be disabled and removed.
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