Data and Privacy Policy

Greengate Trust – Data Protection and Privacy Policy

This document is a working document and is intended to be the basis on which data is processed. All efforts will be made to ensure that the document is up to date, and relevant. Any changes to this document will be reviewed, dated and signed for.

This document will be updated at least annually and following any serious incident or breach.

Section A – Introduction

A.1 – Purpose

This policy sets out the obligations of Greengate Trust regarding the retention, protection and confidentiality of personal data collected, held and processed by Greengate Trust in accordance with The UK General Data Protection Regulation (UKGDPR) and Data Protection Act 2018.

UKGDPR defines ‘personal data’ as any information relating to an identified or identifiable natural person (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.

The UKGDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.

Under the UKGDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the UKGDPR to protect that data).

In addition, the UKGDPR includes the right to erasure or “the right to be forgotten.” Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:

• Where the personal data is no longer required for the purpose for which it was originally collected or processed.
• When the data subject withdraws their consent.
• When the data subject objects to the processing of their personal data and the Greengate Trust has no overriding legitimate interest.
• When the personal data is processed unlawfully (i.e. in breach of the GDPR).
• When the personal data has to be erased to comply with a legal obligation.
• Where the personal data is processed for the provision of information society services to a child.

Greengate Trust supports the objectives of the UKGDPR and Data Protection Act 2018 and other legislature relating to data processing, including the Human Rights Act 1998, Regulation of Investigatory Powers Act 2000 and the Freedom of Information Act 2000.

Greengate Trust has a statutory obligation to process personal data in accordance with the provisions of the GDPR and the Data Protection Act 2018.

Every representative of Greengate Trust has an obligation to ensure that the information they process (use) is collected, maintained and disclosed in accordance with UK GDPR and the Data Protection Act 2018.

This policy shall be deemed effective from 23.12.2024. No part of this policy shall have retroactive effect and shall thus apply to matters occurring on or after this date.

Greengate Trust will process data to:

1. Process donations and manage Gift Aid claims.
2. Provide services and support to beneficiaries.
3. Communicate with donors, supporters and volunteers.
4. Comply with legal obligations.
5. Analyse and improve operations.

A.2 – Scope

This policy applies to all trustees, employees, volunteers, contractors, consultants, beneficiaries, donors, supporters, partners and any other individuals whose personal data is collected, stored, processed or managed by Greengate Trust.

This policy applies to all personal data processed by Greengate Trust, regardless of whether the information is held electronically, digitally or in paper records.

All individuals acting on behalf of Greengate Trust are expected to comply with this policy.

A.3 – Roles and Responsibilities

The Trustees hold the overall responsibility for overseeing the implementation of this policy and for monitoring compliance with this policy, GDPR and the Data Protection Act 2018 (and any other applicable data protection legislation). Any questions regarding this policy, the retention of personal data, or any other aspect of GDPR should be referred to the Trustees.

A.4 – Data Protection Officer

Greengate Trust has appointed the following individual as the organisation's Data Protection Lead:

Name: Talha Bilal
Position: Chairman

The Data Protection Officer is responsible for:

• Monitoring compliance with this policy.
• Supporting staff and volunteers with data protection matters.
• Managing data subject requests.
• Managing personal data breaches.
• Liaising with the Information Commissioner's Office (ICO) where necessary.
• Reviewing data protection procedures and controls.

Where Greengate Trust is not legally required to appoint a Data Protection Officer (DPO), the Data Protection Lead shall perform this role internally.

A.5 – Privacy Notices

Greengate Trust will provide clear and accessible Privacy Notices whenever personal data is collected.

Privacy Notices will explain:

• What information is collected.
• Why the information is collected.
• The lawful basis for processing.
• Who information may be shared with.
• How long information will be retained.
• The rights available to data subjects.
• How concerns and complaints can be made.

Privacy Notices will be reviewed regularly and updated where necessary.

Section B – Data Protection

B.1 – Data Subject Rights and Data Integrity

All personal data held by Greengate Trust is held in accordance with the requirements of UK GDPR and the data subjects’ rights thereunder, as set out in this policy.

Data subjects are kept fully informed of their rights, of what personal data is held by Greengate Trust about them, how that personal data is used, and how long it will be held for. If no fixed retention period can be determined, the criteria by which the retention of the data will be determined. Data will be held for as long as is practically necessary.

Data subjects are given control over their personal data held by Greengate Trust including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this policy), the right to restrict Greengate Trust’s use of their personal data, the right to data portability, and further rights relating to automated decision-making and profiling, as set out in this policy.

As per the UK GDPR legislation and obligations, data subjects have the following rights:

1. Right to access.
2. Right to rectification.
3. Right to erasure.
4. Right to restrict processing.
5. Right to data portability.
6. Right to object.
7. Rights relating to automated decision-making and profiling.

Data for individuals under 18 will be processed in accordance with Greengate Trust’s child protection policy and all UK child protection legislation and obligations to ensure compliance with additional safeguards.

B.1.1 – Subject Access Requests

Individuals have the right to request access to personal data held about them.

Requests may be made verbally or in writing.

Upon receipt of a Subject Access Request (SAR), Greengate Trust will:

• Verify the identity of the requester where necessary.
• Acknowledge receipt of the request.
• Provide a response within one calendar month unless an extension is permitted under UK GDPR.
• Maintain records of requests and outcomes.

No fee will normally be charged unless the request is manifestly unfounded or excessive.

B.2 – Data Protection Principles

We adhere to the principles relating to the 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 accountability for the compliance with the data protection principles listed above.

B.3 – Compliance

B.3.1 – Remaining Lawful

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

You may 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:

1. the Data Subject has given his or her Consent;
2. the Processing is necessary for the performance of a contract with the Data Subject;
3. to meet our legal compliance obligations;
4. to protect the Data Subject's vital interests; or
5. 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 Personal Data for legitimate interests need to be set out in applicable Privacy Notices or Fair Processing Notices.

The lawful bases under UK GDPR for processing data include:

1. Consent (e.g., for marketing communications).
2. Contract (e.g., for employment or service agreements).
3. Legal obligations (e.g., compliance with HMRC for Gift Aid).
4. Vital interests (e.g., for protecting a beneficiary’s life in emergency relief work).
5. Legitimate interests (e.g., managing supporter relationships).

B.3.2 – Consent

A Data Controller must 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.

Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Sensitive Personal Data, for Automated Decision-Making and for cross border data transfers. Usually, we will be relying on another legal basis (and not require Explicit Consent) to Data Protection Process most types of Sensitive Data. Where Explicit Consent is required, you must issue a Fair Processing Notice to the Data Subject to capture Explicit Consent.

You will need to evidence Consent captured and keep records of all Consents so that Greengate Trust can demonstrate compliance with Consent requirements.

B.3.2.1 – How Data is Collected

Data will be collected in a number of ways:

1. Directly from individuals, including but not limited to: forms, registrations, emails, phone calls, events.
2. Automatically via technology, including but not limited to: website cookies, online forms.
3. Third parties, including but not limited to: fundraising platforms, partners or public sources.

B.3.3 – Transparency

The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere.

Such information must be provided through appropriate Privacy Notices or Fair Processing Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them and which must be presented when the Data Subject first provides the Personal Data (where data is collected directly) and as soon as possible after collecting/receiving the data (where data is collected indirectly).

B.3.4 – Limitation and Minimisation

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.

You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes, and they have Consented where necessary.

Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.

You may only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties.

You may only collect Personal Data that you require for your job duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.

You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with Greengate Trust’s data retention guidelines.

B.3.5 – Accuracy

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

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

B.3.6 – Accountability

The Data Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Data Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

Greengate Trust must have adequate resources and controls in place to ensure and to document GDPR compliance including:

1. appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
2. implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
3. integrating data protection into internal documents including this Data Protection Policy, Related Policies, Privacy Guidelines, Privacy Notices or Fair Processing Notices;
4. regularly training Greengate Trust Personnel on the GDPR, this Data Protection Policy, Related Policies and Privacy Guidelines and data protection matters including, for example, Data Subject's rights, Consent, legal basis, DPIA and Personal Data Breaches. Greengate Trust must maintain a record of training attendance by Greengate Trust Personnel; and
5. 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.

B.3.7 – 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. 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 must be informed when you first communicate with them of their right to object.

This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject's rights and freedoms and legitimate interests.

We must 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.

A DPIA (see section B.3.8) must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.

Where you are involved in any data Processing activity that involves profiling or ADM, you must comply with Greengate Trust’s requirements on profiling or ADM as communicated to you from time to time.

B.3.8 – Privacy by Design and Data Protection Impact Assessment (DPIA)

We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.

You must assess what Privacy by Design measures can be implemented on all programs/systems/processes that Process Personal Data by taking into account the following:

1. the state of the art;
2. the cost of implementation;
3. the nature, scope, context and purposes of Processing; and
4. the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.

Data controllers must also conduct DPIAs in respect to high-risk Processing.

You should conduct a DPIA (and discuss your findings with the DPO) when implementing major system or business change programs involving the Processing of Personal Data including:

1. use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
2. Automated Processing including profiling and ADM;
3. large scale Processing of Sensitive Data; and
4. large scale, systematic monitoring of a publicly accessible area.

A DPIA must include:

1. a description of the Processing, its purposes and the Data Controller's legitimate interests if appropriate;
2. an assessment of the necessity and proportionality of the Processing in relation to its purpose;
3. an assessment of the risk to individuals; and
4. the risk mitigation measures in place and demonstration of compliance.

B.3.9 – Personal Data Breaches

A personal data breach is any security incident that results in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

Examples include:

• Sending information to the wrong recipient.
• Lost or stolen devices.
• Unauthorised access to files.
• Cyber attacks.
• Accidental publication of personal information.

Any actual or suspected data breach must be reported immediately to the Data Protection Lead.

Greengate Trust will:

• Investigate all breaches.
• Assess risks to individuals.
• Maintain breach records.
• Notify the Information Commissioner's Office (ICO) within 72 hours where legally required.
• Notify affected individuals where required.

B.3.10 – Cybersecurity

Greengate Trust recognises the increasing risks posed by cyber-crime and malicious online activity.

To protect personal information, Greengate Trust will implement appropriate measures including:

• Multi-factor authentication where available.
• Strong password requirements.
• Secure file storage.
• Access controls.
• Anti-virus and malware protection.
• Secure disposal of devices.
• Regular software and security updates.

Staff and volunteers are responsible for reporting suspicious emails, phishing attempts, malware activity or other security concerns immediately.

Section C – Disclosure of Information

Any use or disclosure of information held within Greengate Trust without there being a legitimate purpose or legal basis, will be classed as unauthorised and is a criminal offence under Section 170 of the Data Protection Act 2018.

C.1 – Sharing Personal Data

Generally, we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.

You may only share the Personal Data we hold with another employee, agent or representative of Greengate Trust if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.

You may 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.

You must comply with Greengate Trust’s requirements on sharing data with third parties.

Data can be shared through the following means:

1. Internal Sharing. As necessary, information may be shared within Greengate Trust, to staff and volunteers as necessary and appropriate.
2. External Sharing. Information may be shared with third-party service providers, including payment processors and IT providers.
3. International Data Transfers. In rare circumstances, there may be a legitimate need to share data outside of the UK. In these circumstances, Greengate Trust will form adequacy decisions, analyse standard contractual clauses or binding corporate rules to assess whether this is deemed necessary. In the case that data must be shared, compliance with laws in the recipient countries will be upheld. If dealing with individuals based in the European Union, Greengate Trust will uphold the obligations set out in the EU GDPR, and any other relevant international data processing legislation and privacy laws.

C.2 – Safeguarding Information

Greengate Trust processes information relating to children, young people and adults at risk as part of its safeguarding responsibilities.

Safeguarding information:

• Will be shared strictly on a need-to-know basis.
• Will be stored securely.
• Will be protected from unauthorised disclosure.
• May be shared without consent where there is a lawful safeguarding basis to do so.
• Will be retained in accordance with safeguarding legislation, guidance and organisational safeguarding policies.

The welfare and safety of the individual will remain the primary consideration when making decisions regarding safeguarding information sharing. It will occur in line with our safeguarding policies.

C.3 – Sharing Without Consent

Whilst Greengate Trust seeks to be open and transparent regarding data processing, there may be circumstances where personal data is shared without consent.

This may occur where:

• Required by law.
• Required to safeguard a child or adult at risk.
• Necessary to prevent or detect crime.
• Necessary to protect vital interests.
• Required by a regulatory authority.

Any such sharing will be lawful, proportionate and appropriately documented.

Section D – Confidentiality, Disposal and Retention

Greengate Trust is committed to confidentiality, as set out under our legal obligations defined within the UK GDPR and Data Protection Act 2018.

D.1 – Data Disposal

Upon the expiry of the data retention periods set out below, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed or otherwise disposed of as follows:

1. Personal data stored electronically (including any and all backups thereof) shall be deleted securely using overwriting media with new data utilising specialist software and physical destruction of disks via shredding;
2. Special category personal data stored electronically (including any and all backups thereof) shall be deleted securely via overwriting disk space and shredding of disks;
3. Personal data stored in hardcopy form shall be shredded to at least EN15713 Accredited Secure Chain of Custody and recycled. All data is certified and waste transfer notices produced where recycling is not possible. Special category personal data stored in hardcopy form shall be shredded to at least EN15713 Accredited Secure Chain of Custody and recycled. All data is certified and waste transfer notices produced where recycling is not possible.

D.2 – Data Retention

Data retention periods are set out in line with the government Data Retention Policy.

D.3 – Data Security

Greengate Trust is committed to protecting personal data, and will maintain this via:

1. Encryption of data where possible.
2. Having access controls in place to monitor individuals with access to data. This includes charity owned devices, shared drives and office space for hard copy data.
3. Regular training and security audits to monitor how data is being protected.

D.4 – Data Protection Complaints

Individuals who have concerns regarding how Greengate Trust processes personal data should contact the Data Protection Lead in the first instance.

Complaints will be investigated promptly and fairly.

Individuals also have the right to lodge a complaint with the Information Commissioner's Office (ICO).

Information Commissioner’s Office:

Website: https://ico.org.uk
Telephone: 0303 123 1113

D.5 – Training and Awareness

Greengate Trust will provide appropriate data protection and privacy training for trustees, employees and volunteers.

Training may include:

• UK GDPR requirements.
• Data subject rights.
• Confidentiality obligations.
• Safeguarding information handling.
• Personal data breach reporting.
• Information security and cyber awareness.

Refresher training will be provided periodically when required.

D.6 – Trustee Responsibilities

The Board of Trustees has overall responsibility for ensuring that Greengate Trust complies with applicable data protection legislation.

Trustees will:

• Monitor organisational compliance.
• Review significant data protection risks.
• Oversee serious data breaches.
• Ensure adequate resources are available.
• Review this policy in accordance to the listed parameters below:
  • Annually.
  • Following significant legislative changes.
  • Following changes in ICO guidance.
  • Following any significant personal data breach.
  • Following safeguarding incidents involving personal information.
  • Following recommendations from audits or compliance reviews.