In its everyday business operations Macra na Feirme makes use of a variety of data about identifiable individuals, including data about:
- Current and past members of the organisation
- Current, past and prospective employees
- Customers & suppliers
- Users of its websites
- Other stakeholders
In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps Macra na Feirme is taking to ensure that it complies with it.
This control applies to all systems, people and processes that constitute the organisation’s information systems, including board members, directors, employees, suppliers and other third parties who have access to Macra na Feirme systems.
The following policies and procedures are relevant to this document:
- Data Protection Impact Assessment Process
- Personal Data Mapping Procedure
- Legitimate Interest Assessment Procedure
- Information Security Incident Response Procedure
- General Data Protection Regulations (GDPR) Roles and Responsibilities
- Records Retention and Protection Policy
1. Information we may collect from you.
1.1. We may collect and process the following data about you:
1.1.1. Information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Websites, joining as a member of the organisation, entering competitions, subscribing to our service, posting material or requesting further services including, for example, name, business address, job title, job function, email address, telephone number, date of birth, demographic information and/or other information that may identify you as an individual. We may also ask you for information when you enter a competition or promotion sponsored by us, sign-up for email newsletters and when you report a problem with our Websites Site. You can choose not to provide us with some of this information, but doing so may affect your ability to use our Websites and our services.We require the member’s or others bank account bank account details, debit and/or credit card details for managing the member’s and other’s membership of the Association, and the provision of services, benefits and events.
1.1.2. If you contact us, we may keep a record of that correspondence.
1.1.3. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
1.1.4. Subject to your expressed marketing preferences, to send you marketing information about goods and services which may be of interest to you by post, telephone, email or other means. You have the right to "opt in” and "opt out” of certain uses of your personal data for these purposes.
1.1.5. Details of your visits to our Websites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise and the resources that you access.
1.1.6. Information we may receive about you if you use any of the other websites we operate or the other services we provide. This may include information sent to us from other parties operating those services on our behalf, including, for example, sub-contractors in technical, payment and delivery services, advertising networks and analytics providers. We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
1.2 IP addresses and cookies
1.2.1. We may collect information about your computer, mobile phone, personal electronic device, and all other similar electronic or mobile devices, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not show personal details that identify you.
1.2.2. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies are small pieces of information (e.g., cookies, web beacons, pixels, gifs tags or other similar technologies) sent by a web server to a web browser which allow the web server to recognize the web browser. This operates as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. They help us to improve our Websites and to deliver a better and more personalized service. They enable us:
1.2.3. To estimate our audience size and usage pattern.
1.2.4 To store information about your preferences, and so allow us to customize our Websites according to your individual interests.
1.2.5. To speed up your searches.
1.2.6. To recognize you when you return to our Websites.
1.2.7 You can control how your browser handles cookies received from website. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain website that you designate. Information on deleting or controlling cookies is available at www.AboutCookies.org. By refusing to accept cookies from us, you may not be able to use some of the features and functionality available on our Websites.
1.3. Advertising and online tracking
1.3.1. We do not allow allow third-party companies to serve ads when you visit the Macra na Feirme Websites. We do however offer content on our newsletters from 3rd parties deemed relevant to our membership, including but not limited to employment opportunities with sponsors of Macra na Feirme; health and safety messages; discounts and benefits offered to members by sponsors; and other content deemed relevant to members of Macra na Feirme.
1.4. Uses Made Of The Information
1.4.1. We use information provided by you and/or held about you (including your personal data) in the following ways:
1.4.2. To ensure that content from our Websites is presented in the most effective manner for you and for your computer.
1.4.3. To carry out our obligations arising from any contracts or Transactions entered or contemplated to be entered into between you and us or to provide you with the Websites and any services requested by you.
1.4.4. For any specific purpose for which it was provided or volunteered.
1.4.5. To develop, market, sell or provide products and services.
1.4.6. To keep you apprised of information and developments that you may find of interest.
1.4.7. To inform you of our or our business partner's products or services.
1.4.8. To perform analysis and research in relation to Transactions, including without limitation, analyzing and conducting research on our user's demographics and interests, information about your browsing and viewing preferences.
1.4.9. To allow you to participate in interactive features of our Websites including services provided by our affiliated companies including companies that, directly or indirectly: control us; or are controlled by us; or are under common control with us, when you choose to do so. Please see Section 8 for further information.
1.4.10. To notify you about changes to our service.
1.4.11 if you review or download information, we track the visit to give us information about which part of the Websites is frequented.
1.4.12. To send you notices (for example, in the form of e-mails, SMS, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you, where you have consented to be contacted for such purposes.
1.4.13 We do so on the basis that such use of your information is necessary: (i) to fulfil a contract that we have in place with you, (ii) for the purposes of our or a third party’s legitimate interests (including our legitimate commercial and related interests, such as understanding our customers and potential customers and providing you with information on our products and services); or (iii) for compliance with a legal obligation to which we are subject, or where you have given us your consent.
1.5. Where we store your personal data
1.5.1. The data that we collect from you may be transferred to, and stored at, or processed from a destination outside the European Economic Area where the laws applicable to your personal data offer the same level of protection. Those processing your personal data may be engaged in, among other things, provision of support services. We will adopt appropriate safeguards necessary to ensure that your data is treated securely and in accordance with this policy and applicable laws. For further information on such safeguards, please contact us.
1.6.1. While we have implemented reasonable technical and organisational precautions to protect the security and integrity of personal data provided to our Websites, due to the inherent nature of the internet as an open global communications vehicle, We cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. We maintain physical, electronic and procedural safeguards to protect your Personal Data. We strive to protect information transmitted on or through the Websites or Services, however, we cannot and do not guarantee the security of any information you transmit on or through the Websites, and you do so at your own risk. We cannot and do not guarantee the security of your data and information.
1.7. Service Providers
1.7.1. We may use third-party partners, carefully selected by us, to help operate our Websites and deliver our products and services, and may share your information with our service providers and other third parties that provide products or services for or through this Websites or for our business (such as website or database hosting companies, address list hosting companies, e-mail service providers, research, analytics and customer experience and survey companies, distribution companies, fulfilment companies, marketing and promotional companies, and other similar service providers that use such information on our behalf).
1.7.2. We may disclose aggregate statistics regarding user behaviour as a measure of interest in, and use of, our Websites and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
1.8. Disclosure of your information
1.8.1. We may disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries (both direct and indirect).
1.8.2. We may also use your personal data to maintain our internal record keeping and/or share it with our affiliates for internal marketing or other purposes.
1.8.3. We may disclose your personal data to third parties:
a. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
b. If Macra na Feirme or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
c. If We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and other agreements; or to protect the rights, property, or safety of Macra na Feirme. Our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
d. We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of our Websites, or anyone else that could be harmed by such activities. Additionally, we cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights.
1.9.1. Your personal data will be retained for as long is reasonably necessary for the purposes listed above or as required by applicable local law. Please contact us for further details of applicable retention periods.
1.9.2. We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
2. Privacy and Personal Data Protection Policy
2.1. The General Data Protection Regulation
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that Macra na Feirme carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is Macra na Feirme’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
There are a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:
Personal data is defined 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;
any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated 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;
the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
2.3. Principles Relating to Processing of Personal Data
There are a number of fundamental principles upon which the GDPR is based.
These are as follows:
- Personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) 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, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) 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 (‘accuracy’);
(e) 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 in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) 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 (‘integrity and confidentiality’).
- The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).
Macra na Feirme will ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.
2.4. Rights of the Individual
The data subject also has rights under the GDPR. These consist of:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling.
Each of these rights are supported by appropriate procedures within Macra na Feirme that allow the required action to be taken within the timescales stated in the GDPR.
These timescales are shown in Table 1.
Data Subject Request
The right to be informed
When data is collected (if supplied by data subject) or within one month (if not supplied by data subject)
The right of access
The right to rectification
The right to erasure
Without undue delay
The right to restrict processing
Without undue delay
The right to data portability
The right to object
On receipt of objection
Rights in relation to automated decision making and profiling.
Table 1 - Timescales for data subject requests
2.5 Lawfulness of Processing
There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR. It is Macra na Feirme policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation. The options are described in brief in the following sections.
Unless it is necessary for a reason allowable in the GDPR, Macra na Feirme will always obtain explicit consent from a data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific EU member states) parental consent will be obtained. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.
If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.
2.5.2 Performance of a Contract
Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.
2.5.3 Legal Obligation
If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.
2.5.4 Vital Interests of the Data Subject
In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. Macra na Feirme will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, this may be used in aspects of social care, particularly in the public sector.
2.5.5 Task Carried Out in the Public Interest
Where Macra na Feirme needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
2.5.6 Legitimate Interests
If the processing of specific personal data is in the legitimate interests of Macra na Feirme and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.
2.6 Privacy by Design
Macra na Feirme has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.
The data protection impact assessment will include:
- Consideration of how personal data will be processed and for what purposes
- Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
- Assessment of the risks to individuals in processing the personal data
- What controls are necessary to address the identified risks and demonstrate compliance with legislation
Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.
2.6 Contracts Involving the Processing of Personal Data
Macra na Feirme will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR. For more information, see the GDPR Controller-Processor Agreement Policy.
2.8 International Transfers of Personal Data
Transfers of personal data outside the European Union will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.
Intra-group international data transfers will be subject to legally binding agreements referred to as Binding Corporate Rules (BCR) which provide enforceable rights for data subjects.
2.9 Data Protection Officer
A defined role of Data Protection Officer (DPO) is required under the GDPR if an organisation is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
For queries relating to data protection and privacy, please contact Macra na Feirme’s Privacy Officer by emailing firstname.lastname@example.org .
You also have the right to take any complaints about how we process your personal data to the Data Protection Commissioner:
Telephone: +353 57 8684800 or +353 (0)761 104 800
Address: Data Protection Commissioner
R32 AP23 Co. Laois
2.10 Breach Notification
It is Macra na Feirme’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security incidents.
Under the GDPR the relevant DPA has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is the higher, for infringements of the regulations.
2.11 Addressing Compliance to the GDPR
The following actions are undertaken to ensure that Macra na Feirme complies at all times with the accountability principle of the GDPR:
- The legal basis for processing personal data is clear and unambiguous
- A Data Protection Officer is appointed with specific responsibility for data protection in the organisation (if required)
- All staff involved in handling personal data understand their responsibilities for following good data protection practice
- Training in data protection has been provided to all staff
- Rules regarding consent are followed
- Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
- Regular reviews of procedures involving personal data are carried out
- Privacy by design is adopted for all new or changed systems and processes
- The following documentation of processing activities is recorded:
- Organisation name and relevant details
- Purposes of the personal data processing
- Categories of individuals and personal data processed
- Categories of personal data recipients
- Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place
- Personal data retention schedules
- Relevant technical and organisational controls in place
These actions are reviewed on a regular basis as part of the management process concerned with data protection.