Data Protection Statement

At Trust Advice we are committed to processing your data in a way that protects your right to privacy. We are uncomfortable with the way personal data is used for what is known as 'Profiling', often by large corporations. What follows is our official data policy statement but we want you to know that first and foremost, if we hold your data, we will treat it how we would want our own personal data treated. We will not sell it to others, we will not ask you for more than we need to, and we will respect and uphold your privacy wherever possible.

THE DATA PROTECTION ACT 2018 (DPA 2018) AND THE GENERAL DATA PROTECTION REGULATIONS (GDPR)

In the course of providing services to the Customer as defined in the Engagement Letter and Terms of Business, Trust Advice may Process Customer Data on behalf of the Customer and, where it does, the Parties agree to comply with the data protection laws with respect to such Customer Data; please see further information below.

DATA PROCESSING TERMS 1. DEFINITIONS:

"Trust Advice" means Trust Advice.
"Controller" means the entity which alone or jointly with others determines the purposes and means of the processing of Personal Data.

"Customer Data" means any Personal Data of Customer or its Affiliates Processed by Trust Advice under the Agreement, including any Personal Data identified as “Customer Data” or “Your Data" in the Agreement.

“Data Protection Laws and Regulations” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.

“Data Subject" means the identified or identifiable person to whom the Customer Data relates.

“Data Protection Act 2018” means the Data Protection Act (UK) to make provision for the regulation of the processing of information relating to individuals; to make provision in connection with the Information Commissioner’s functions under certain regulations relating to information; to make provision for a direct marketing code of practice; and for connected purposes.

“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

“Personal Data” means any information relating to (i) an identified or identifiable natural person or (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations).

“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic 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 and "Process" and "Processes" shall have a corresponding meaning.

"Processor" means the entity which Processes Personal Data on behalf of a Controller. “Sub-processor” means any entity which Processes Customer Data on behalf of Trust Advice.

“Supervisory Authority” means a public authority which is established by an EU Member State pursuant to the GDPR or otherwise by any governmental authority under the Data Protection Laws and Regulations.

"User" means a person using the Services to store Customer Data. 2. PROCESSING OF CUSTOMER DATA

1. 2.1.  Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Customer Data under the Agreement, the Customer is a Controller, and Trust Advice is a Controller, and Trust Advice is a Joint Controller1, and Trust Advice is the Processor, and that Trust Advice may engage Sub-processors pursuant to the requirements set forth in Section 5 “Sub-processors”.

2. 2.2.  Lawful Basis. Trust Advice will rely on the lawful basis of legal obligation under Article 6(1)(c) of the GDPR, as “processing is necessary for compliance with a legal obligation to which the controller is subject.”

   Under Article 6(1)(b) of the GDPR, the lawful for “processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”.

   Trust Advice will rely on the lawful basis legitimate interests as “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 interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”

3. 2.3.  Customer’s Processing of Customer Data. The Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, the Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which the Customer acquired Personal Data.

4. 2.4.  Data Protection Impact Assessment. With effect from 25 May 2018, upon the Customer’s request, Trust Advice shall provide the Customer with reasonable cooperation and assistance needed to fulfil any obligation of the Customer under the Data Protection Laws and Regulations to carry out a data protection impact assessment related to the processing of Customer Data to the extent the Customer does not otherwise have access to the relevant information, and to the extent such information is available to Trust Advice. Trust Advice shall provide reasonable assistance to the Customer in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks relating to Section 2.4 to the extent required under the Data Protection Laws and Regulations. To the extent legally permitted, the Customer shall be responsible for any costs arising from Trust Advice’s provision of any assistance under this Section 2.4.

2.5. Trust Advice's Processing of Customer Data. Trust Advice shall process the Customer Data in accordance with the Data Protection Act 2018 and the GDPR. Trust Advice shall treat the Customer Data as Confidential Information and shall only Process Customer Data on behalf of and in accordance with the Customer’s documented instructions for the following purposes:

1. (i)  Processing in accordance with the Agreement;

2. (ii)  Processing initiated by Users in their use of the Services;

3. (iii)  Processing to comply with other documented reasonable instructions provided by the Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement; and

4. (iv)  Processing required by professional obligations or legal requirements.

3. RIGHTS OF DATA SUBJECTS

1. 3.1.  Regulatory requests. Trust Advice shall notify the Customer of any legally binding request for disclosure of Customer Data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation.

2. 3.2.  Data Subject Request. Trust Advice shall, to the extent legally permitted, promptly notify the Customer using the Customer Email Address if Trust Advice receives a request from a Data Subject to exercise the Data Subject's right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making in each case in relation to the Customer Data (“Data Subject Request”). Taking into account the nature of the Processing, Trust Advice shall assist the Customer by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations. In addition, to the extent the Customer, by its use of the Services, does not have the ability to address a Data Subject Request, Trust Advice shall upon the Customer’s request provide commercially reasonable efforts to assist the Customer in responding to such Data Subject Request, to the extent Trust Advice is legally permitted to do so, and the response to such Data Subject Request is required under Data Protection Laws and Regulations. To the extent legally permitted, the Customer shall be responsible for any costs arising from Trust Advice’s provision of such assistance.

3. 3.3.  Notification by the Customer. The Customer must make any Data Subject Request or request for assistance in relation to a Data Subject Request by emailing [email protected]

4. 3.4.  TRUST ADVICE PERSONNEL

5. 3.5.  Confidentiality. Trust Advice shall ensure that its personnel engaged in the Processing of Customer Data are informed of the confidential nature of the Customer Data, have received appropriate training on their responsibilities and have executed written confidentiality agreements.

6. 3.6.  Reliability. Trust Advice shall take commercially reasonable steps to ensure the reliability of any Trust Advice personnel engaged in the Processing of Customer Data.

7. 3.7.  Limitation of Access. Trust Advice shall ensure that Trust Advice’s access to Customer Data is limited to those personnel performing Services in accordance with the Agreement.

8. 3.8.  Data Protection Officer. Trust Advice’s appointed person responsible for data protection is Fi Ellis, she may be reached at the email address: [email protected]

4. SUB-PROCESSORS

1. 4.1.  Appointment of Sub-processors. Customer acknowledges and agrees that (a) Trust Advice may be retained as Sub-processors; and (b) Trust Advice respectively may engage third-party Sub- processors in connection with the provision of the Services, provided that Trust Advice has entered into a written agreement with each Sub-processor containing data protection obligations no less protective than those in this Agreement with respect to the protection of Customer Data to the extent applicable to the nature of the Services provided by such Sub- processor.

2. 4.2.  List of Current Sub-processors and Notification of New Sub-processors. Trust Advice will provide the Customer with a list of its Sub-processors and will communicate any changes to this list to the Customer via Customer Email Address. Trust Advice shall impose on such Sub- processors data protection terms that protect the Customer Data to the same standard provided for by this Agreement and shall remain liable for any breach of the Agreement caused by a Sub-processor. The Customer can request a list of Sub-processors at any time by emailing [email protected]

3. 4.3.  Objection Right for New Sub-processors. Customers may object to Trust Advice’s use of the list of Sub-processors or any new Sub-processor subsequently appointed by Trust Advice by notifying Trust Advice promptly in writing within ten (10) business days after receipt of the relevant notice in accordance with Section 5.2. In the event that the Customer objects to a Sub- processor as permitted in the preceding sentence, Trust Advice will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Customer Data by such Sub-processor without unreasonably burdening Customer. If Trust Advice is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, the Customer may terminate the Agreement with respect only to those Services which cannot be provided by Trust Advice without the use of the relevant Sub-processor by providing written notice to Trust Advice. Trust Advice will refund Customer any prepaid fees for such Services covering the remainder of the term of the Agreement following the effective date of termination with respect to such terminated Services, without imposing a termination charge for such termination on Customer but without prejudice to any right of Trust Advice to charge any amount in respect of services or assistance provided on termination.

4.4. Liability. Trust Advice shall be liable for the acts and omissions of its Sub-processors to the same extent Trust Advice would be liable if performing the services of each Sub-processor directly under the terms of this Agreement, except as otherwise set forth in the Agreement.

5. SECURITY

1. 5.1.  Controls for the Protection of Customer Data. Trust Advice shall maintain appropriate technical and organisational measures for protection of the security (including protection against unauthorised or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorised disclosure of, or access to, Customer Data), confidentiality and integrity of Customer Data, taking into account the state of the art, costs or implementation and the nature, scope, context and purpose of processing. Trust Advice regularly monitors compliance with these measures. Trust Advice may update or modify such security measures but will not materially decrease the overall security of the Services during the term of the Agreement.

2. 5.2.  Confidentiality of Processing. Trust Advice shall ensure that any person that it authorises to process the Customer Data (including its staff, agents and subcontractors) shall be subject to a duty of confidentiality (whether a contractual or a statutory duty) that shall to the extent permitted by law survive for 5 years after the termination of their employment and/or contractual relationship.

3. 5.3.  Customer Data Incidents. Trust Advice maintains security incident management policies and procedures and shall notify the Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data transmitted, stored or otherwise Processed by Trust Advice or its Sub- processors of which Trust Advice becomes aware (a “Customer Data Incident”). Trust Advice shall make reasonable efforts to identify the cause of such Customer Data Incident and take those steps as Trust Advice deems necessary and reasonable in order to remediate the cause of such a Customer Data Incident to the extent the remediation is within Trust Advice’s reasonable control. The obligations in this Section 6.3 shall not apply to incidents that are caused by the Customer or Users.

4. 5.4.  Breach Notification. Upon becoming aware of any Customer Data Incident, Trust Advice shall notify the Customer without undue delay and pursuant to the terms of the Agreement, but within no more than seventy-two (72) hours and shall provide such timely information as the Customer may reasonably require to enable the Customer to fulfil any data breach reporting obligations under Data Protection Laws and Regulations. Trust Advice will take steps to immediately identify and remediate the cause of such an incident. Trust Advice 's obligation to report or respond to a Customer Data Incident shall not be construed as an acknowledgement by Trust Advice of any fault or liability of any kind.

6. RETURN, DELETION AND RETENTION OF CUSTOMER DATA

On termination or expiry of the Agreement, Trust Advice shall return Customer Data to the Customer or, to the extent allowed by applicable law, delete Customer Data in accordance with the procedures and timeframes specified in the Agreement, except where it is required by law for Trust Advice to retain any data.