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Privacy Standard GDPR Utilities Academy

1.0 Interpretation

1.1 Definitions:

Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.

Automated Processing: 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. Profiling is an example of Automated Processing.

Company name: Utilities Academy Ltd, Part Universal Skills Group Ltd

Company Personnel: all employees, workers contractors, agency workers, consultants, directors, members and others.

Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of PersonalData relating to them.

Data Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.

Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.

Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to the Company data privacy team with responsibility for data protection compliance.

EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.

Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).

General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.

Personal Data: 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 Sensitive 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 (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.

Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.

Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.

Privacy Guidelines: The Company privacy/GDPR related guidelines provided to assist in interpreting and implementing this Privacy Standard and Related Policies, available here: Shared Drive

Privacy Notices (also referred to as Fair Processing Notices) or Privacy Policies: separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one-time privacy statements covering Processing related to a specific purpose.

Processing or Process: 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: 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.

Related Policies: The Company’s policies, operating procedures or processes related to this Privacy Standard and designed to protect Personal Data:

Sensitive Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions. The Company also considers the following types of data to be Sensitive Data:

  • Learner Records
  • Company Contracts
  • Service Level Agreements
  • Student Records
  • Client Accounts.
  • 2.0 Introduction

    This Privacy Standard sets out how Utilities Academy Ltd handle the Personal Data of our customers, suppliers, employees, workers and other third parties. This Privacy Standard applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.

    This Privacy Standard applies to all Company Personnel. You must read, understand and comply with this Privacy Standard when Processing Personal Data on our behalf and attend training on its requirements. This Privacy Standard sets out what we expect from you in order for the Company to comply with applicable law. Your compliance with this Privacy Standard is mandatory. Related Policies and Privacy Guidelines are available to help you interpret and act in accordance with this Privacy Standard. You must also comply with all such Related Policies and Privacy Guidelines. Any breach of this Privacy Standard may result in disciplinary action.

    3.0 Scope

    We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. The Company is exposed to potential fines of up to EUR20 million (approximately £18 million) or 4% of total annual turnover, whichever is higher and depending on the breach, for failure to comply with the provisions of the GDPR.

    All Senior Managers, Program Managers in all areas of the business are responsible for ensuring all Company Personnel Comply with this Privacy Policy Standard and need to implement appropriate practices, processes, controls and training to ensure such compliance.

    The DPO is responsible for overseeing this Privacy Standard and, as applicable, developing Related Policies and Privacy Guidelines. That post is held by Sue Mayers, Quality and Compliance, email s.mayers@universalskillsgroup.co.uk

    Please contact the DPO with any questions about the operation of this Privacy Standard or the GDPR or if you have any concerns that this Privacy Standard is not being or has not been followed.

    4.0 Personal data protection principles

    We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:

    1. Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
    2. Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
    3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
    4. Accurate and where necessary kept up to date (Accuracy).
    5. Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
    6. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
    7. Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
    8. Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).

    We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

    5.0 Lawfulness, Fairness, Transparency

    5.1 Lawfulness and Fairness

    Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.

    Utilities Academy only collect, Process and share Personal Data fairly and lawfully 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.

    The GDPR allows Processing for specific purposes, some of which are set out below:

  • the Data Subject has given his or her Consent;
  • the Processing is necessary for the performance of a contract with the Data Subject;
  • to meet our legal compliance obligations;
  • to protect the Data Subject’s vital interests;
  • to pursue our legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process PersonalData for legitimate interests need to be set out in applicable Privacy Notices.
  • 5.2 Consent

    Utilities Academy will only process Personal Data on the basis of one or more of the lawful bases set out in the GDPR, which include Consent.

    A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters.

    Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.

    Explicit Consent is required for Processing Sensitive Personal Data, Where Explicit Consent is required, you will issue a Fair Processing Notice to the Data Subject to capture Explicit Consent.

    We will need to evidence Consent captured and keep records of all Consents so that the Company can demonstrate compliance with Consent requirements.

    5.3 Transparency (Notifying data subjects)

    Utilities Academy will provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere.

    Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we will provide the Data Subject with all the information required by the GDPR including the identity of the Data Controller and DPO, how and why we will use, Process, disclose, protect and retain that Personal Data through a Fair Processing Notice

    When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.

    Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.

    Utilities Academy will not use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless we have informed the Data Subject of the new purposes and they have Consented where necessary.

    6.0 Data minimisation

    Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed. Utilities Academy will ensure any Personal Data collected is adequate and relevant for the intended purposes.

    Utilities Academy will ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Company’s data retention guidelines.

    7.0 Accuracy

    Personal Data will be accurate and, where necessary, kept up to date. It will be corrected or deleted without delay when inaccurate.

    Utilities Academy 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. Utilities Academy will check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. Utilities Academy will take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

    8.0 Storage limitation

    Personal Data will not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed. We will not 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.

    Utilities Academy will maintain retention policies and procedures to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time.

    Utilities Academy will take all reasonable steps to destroy or erase from our systems all Data that we no longer require in accordance with all the Company’s applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable. We will ensure Data Subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice or Fair Processing Notice.

    9.0 Security integrity and confidentiality

    Personal Data will not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed. We will not 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. Utilities Academy will maintain retention policies and procedures to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time.

    Utilities Academy will take all reasonable steps to destroy or erase from our systems allData that we no longer require in accordance with all the Company’s applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable. We will ensure Data Subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice or Fair Processing Notice.

    10.0 Protecting Personal Data

    Personal Data must be 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.

    Utilities Academy will follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. We will only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.

    Utilities Academy maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:

    1. Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
    2. Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
    3. Availability means that authorised users are able to access the PersonalData when they need it for authorised purposes.

    10.1 Reporting a Personal Data Breach

    Our Data Controller will notify any Personal Data Breach tothe applicable regulatory and, in certain instances, the Data Subject. We have put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so.

    11. Data Subject’s right and requests

    Data Subjects have rights when it comes to how we handle their PersonalData. These include rights to:

    1. withdraw Consent to Processing at any time;
    2. receive certain information about the Data Controller’s Processing activities;
    3. request access to their Personal Data that we hold;
    4. prevent our use of their Personal Data for direct marketing purposes;
    5. 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;
    6. restrict Processing in specific circumstances;
    7. challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
    8. request a copy of an agreement under which Personal Data is transferred outside of the EEA;
    9. object to decisions based solely on Automated Processing, including profiling (ADM);
    10. prevent Processing that is likely to cause damage or distress to the DataSubject or anyone else;
    11. be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
    12. make a complaint to the supervisory authority; and
    13. 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.

    Utilities Academy will verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).

    Utilities Academy will immediately forward any Data Subject request that we receive to the DPO and comply with the company’s Data Subject response process.

    12.0 Accountability

    13.0

    Utilities Academy has appointed a Data Controller who is responsible for compliance with the data protection principles and responsibilities listed below

    1. implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
    2. integrating data protection into internal documents including this Privacy Standard, Related Policies, Privacy Guidelines, Privacy Notices or Fair Processing Notices;
    3. regularly training Company Personnel on the GDPR, this Privacy Standard, Related Policies and Privacy Guidelines and data protection matters including, for example, Data Subject’s rights, Consent, legal basis, DPIA and Personal Data Breaches. The Company must maintain a record of training attendance by Company Personnel; and
    4. 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.

    13.1 Record Keeping

    The GDPR requires us to keep full and accurate records of all our data Processing activities.

    These records should include, at a minimum, the name and contact details of the Data Controller and the DPO, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Datatransfers, the Personal Data’s retention period and a description of the security measures in place.

    13.2 Training and audit

    Utilities Academy ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws. We also regularly test our systems and processes to assess compliance.

    We will regularly review all the systems and processes under your control to ensure they comply with this Privacy Standard and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal

    13.3 Automated Processing (including profiling) and Automated Decision Making

    Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:

    1. a Data Subject has Explicitly Consented;
    2. the Processing is authorised by law; or
    3. the Processing is necessary for the performance of or entering into a contract.

    If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but such Sensitive 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 Utilities Academy first communicate with them and inform them of their right to object

    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, express their point of view or challenge the decision.

    13.4 Direct marketing

    Utilities Academy are subject to certain rules and privacy laws when marketing to our customers. For example, a 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.

    Utilities Academy will ensure 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 must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.

    13.5 Sharing Personal Data

    Utilities Academy will not share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place. We will only share the Personal Data we hold with another employee, agent or representative of our group (which includes our subsidiaries and our ultimate holding company along with its subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.

    We will only share the Personal Data we hold with third parties, such as our service providers if:

    1. they have a need to know the information for the purposes of providing the contracted services;
    2. 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;
    3. the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
    4. the transfer complies with any applicable cross border transfer restrictions; and
    5. a fully executed written contract that contains GDPR approved third party clauses has been obtained.

    14. Changes to this Privacy Standard

    We reserve the right to change this Privacy Standard at any time so please check back regularly to obtain the latest copy of this Privacy Standard. We last revised this Privacy Standard on 29/05/2018

    This Privacy Standard does not override any applicable national data privacy laws and regulations in the UK and EU Member States Acknowledgement of receipt and review

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