Data Protection Policy

  1. Introduction

This Policy sets out the obligations of SpaChem Limited acompany registered in England & wales under number 9578556, whose registered office is at SpaChem Limited, Regus House, Cardiff Gate Business Park,Malthouse Ave, Pontprennau, Cardiff, CF23 8RU, United Kingdom. (“theCompany”) regarding data protection and the rights of customers, businesscontacts (“data subjects”) in respect of their personal data under EURegulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relatingto an identified or identifiable natural person (a “data subject”); anidentifiable natural person is one who can be identified, directly orindirectly, in particular by reference to an identifier such as a name, anidentification number, location data, an online identifier, or to one or morefactors specific to the physical, physiological, genetic, mental, economic,cultural, or social identity of that natural person.

This Policy sets the Company’s obligations regarding thecollection, processing, transfer, storage, and disposal of personal data. Theprocedures and principles set out herein must be followed at all times by theCompany, its employees, agents, contractors, or other parties working on behalfof the Company.

The Company is committed not only to the letter of the law,but also to the spirit of the law and places high importance on the correct,lawful, and fair handling of all personal data, respecting the legal rights,privacy, and trust of all individuals with whom it deals.


  1. The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPRsets out the following principles with which any party handling personal datamust comply. All personal data must be:

2.1         Processed lawfully, fairly, and in a transparentmanner in relation to the data subject.

2.2         Collected for specified, explicit, andlegitimate purposes and not further processed in a manner that is incompatiblewith those purposes. Further processing for archiving purposes in the publicinterest, scientific or historical research purposes or statistical purposesshall not be considered to be incompatible with the initial purposes.

2.3         Adequate, relevant, and limited to what isnecessary in relation to the purposes for which it is processed.

2.4         Accurate and, where necessary, kept up to date.Every reasonable step must be taken to ensure that personal data that isinaccurate, having regard to the purposes for which it is processed, is erased,or rectified without delay.

2.5         Kept in a form which permits identification ofdata subjects for no longer than is necessary for the purposes for which thepersonal data is processed. Personal data may be stored for longer periodsinsofar as the personal data will be processed solely for archiving purposes inthe public interest, scientific or historical research purposes, or statisticalpurposes, subject to implementation of the appropriate technical andorganisational measures required by the GDPR in order to safeguard the rightsand freedoms of the data subject.

2.6         Processed in a manner that ensures appropriatesecurity of the personal data, including protection against unauthorised orunlawful processing and against accidental loss, destruction, or damage, usingappropriate technical or organisational measures.


  1. The Rights of Data Subjects

The GDPR sets out the following rights applicable to datasubjects (please refer to the parts of this policy indicated for furtherdetails):

3.1         The right to be informed (Part 12).

3.2         The right of access (Part 13);

3.3         The right to rectification (Part 14);

3.4         The right to erasure (also known as the ‘rightto be forgotten’) (Part 15);

3.5         The right to restrict processing (Part 16);

3.6         The right to data portability (Part 17);

3.7         The right to object (Part 18); and

3.8         Rights with respect to automated decision-makingand profiling (Parts 19 and 20).


  1. Lawful, Fair, and Transparent Data Processing

4.1         The GDPR seeks to ensure that personal data isprocessed lawfully, fairly, and transparently, without adversely affecting therights of the data subject. The GDPR states that processing of personal datashall be lawful if at least one of the following applies:

4.1.1     Thedata subject has given consent to the processing of their personal data for oneor more specific purposes;

4.1.2     Theprocessing is necessary for the performance of a contract to which the datasubject is a party, or in order to take steps at the request of the datasubject prior to entering into a contract with them;

4.1.3     Theprocessing is necessary for compliance with a legal obligation to which thedata controller is subject;

4.1.4     Theprocessing is necessary to protect the vital interests of the data subject orof another natural person;

4.1.5     Theprocessing is necessary for the performance of a task carried out in the publicinterest or in the exercise of official authority vested in the datacontroller; or

4.1.6     Theprocessing is necessary for the purposes of the legitimate interests pursued bythe data controller or by a third party, except where such interests areoverridden by the fundamental rights and freedoms of the data subject whichrequire protection of personal data, in particular where the data subject is achild.

4.2         [Ifthe personal data in question is “special category data” (also known as“sensitive personal data”) (for example, data concerning the data subject’srace, ethnicity, politics, religion, trade union membership, genetics,biometrics (if used for ID purposes), health, sex life, or sexual orientation),at least one of the following conditions must be met:

4.2.1     Thedata subject has given their explicit consent to the processing of such datafor one or more specified purposes (unless EU or EU Member State law prohibitsthem from doing so);

4.2.2     Theprocessing is necessary for the purpose of carrying out the obligations andexercising specific rights of the data controller or of the data subject in thefield of employment, social security, and social protection law (insofar as itis authorised by EU or EU Member State law or a collective agreement pursuantto EU Member State law which provides for appropriate safeguards for thefundamental rights and interests of the data subject);

4.2.3     Theprocessing is necessary to protect the vital interests of the data subject orof another natural person where the data subject is physically or legallyincapable of giving consent;

4.2.4     Thedata controller is a foundation, association, or other non-profit body with apolitical, philosophical, religious, or trade union aim, and the processing iscarried out in the course of its legitimate activities, provided that theprocessing relates solely to the members or former members of that body or topersons who have regular contact with it in connection with its purposes andthat the personal data is not disclosed outside the body without the consent ofthe data subjects;

4.2.5     Theprocessing relates to personal data which is clearly made public by the datasubject;

4.2.6     Theprocessing is necessary for the conduct of legal claims or whenever courts areacting in their judicial capacity;

4.2.7     Theprocessing is necessary for substantial public interest reasons, on the basisof EU or EU Member State law which shall be proportionate to the aim pursued,shall respect the essence of the right to data protection, and shall providefor suitable and specific measures to safeguard the fundamental rights andinterests of the data subject;

4.2.8     Theprocessing is necessary for the purposes of preventative or occupationalmedicine, for the assessment of the working capacity of an employee, formedical diagnosis, for the provision of health or social care or treatment, orthe management of health or social care systems or services on the basis of EUor EU Member State law or pursuant to a contract with a health professional,subject to the conditions and safeguards referred to in Article 9(3) of theGDPR;

4.2.9     Theprocessing is necessary for public interest reasons in the area of publichealth, for example, protecting against serious cross-border threats to healthor ensuring high standards of quality and safety of health care and ofmedicinal products or medical devices, on the basis of EU or EU Member Statelaw which provides for suitable and specific measures to safeguard the rightsand freedoms of the data subject (in particular, professional secrecy); or

4.2.10  Theprocessing is necessary for archiving purposes in the public interest,scientific or historical research purposes, or statistical purposes inaccordance with Article 89(1) of the GDPR based on EU or EU Member State lawwhich shall be proportionate to the aim pursued, respect the essence of theright to data protection, and provide for suitable and specific measures tosafeguard the fundamental rights and the interests of the data subject.


  1. Specified, Explicit, and Legitimate Purposes

5.1         The Company collects and processes the personaldata set out in Part 21 of this Policy. This includes:

5.1.1     Personaldata collected directly from data subjects and

5.1.2     Personaldata obtained from third parties.

5.2         The Company only collects, processes, and holdspersonal data for the specific purposes set out in Part 21 of this Policy (orfor other purposes expressly permitted by the GDPR).

5.3         Data subjects are kept informed at all times ofthe purpose or purposes for which the Company uses their personal data. Pleaserefer to Part 12 for more information on keeping data subjects informed.


  1. Adequate, Relevant, and Limited Data Processing

The Company will only collect and process personal data forand to the extent necessary for the specific purpose or purposes of which datasubjects have been informed (or will be informed) as under Part 5, above, andas set out in Part 21, below.


  1. Accuracy of Data and Keeping Data Up-to-Date

7.1         The Company shall ensure that all personal datacollected, processed, and held by it is kept accurate and up-to-date. Thisincludes, but is not limited to, the rectification of personal data at therequest of a data subject, as set out in Part 14, below.

7.2         The accuracy of personal data shall be checkedwhen it is collected and at regular intervals thereafter. If any personal datais found to be inaccurate or out-of-date, all reasonable steps will be takenwithout delay to amend or erase that data, as appropriate.


  1. Data Retention

8.1         The Company shall not keep personal data for anylonger than is necessary in light of the purpose or purposes for which thatpersonal data was originally collected, held, and processed.

8.2         When personal data is no longer required, allreasonable steps will be taken to erase or otherwise dispose of it withoutdelay.

8.3         For full details of the Company’s approach todata retention, including retention periods for specific personal data typesheld by the Company, please refer to our Data Retention Policy.


  1. Secure Processing

The Company shall ensure that all personal data collected,held, and processed is kept secure and protected against unauthorised orunlawful processing and against accidental loss, destruction, or damage. Furtherdetails of the technical and organisational measures which shall be taken areprovided in Parts 22 to 27 of this Policy.


  1. Accountability and Record-Keeping

10.1      The Company’s Data Protection Officer is GavinOwen, email:

10.2      The Data Protection Officer shall be responsiblefor overseeing the implementation of this Policy and for monitoring compliancewith this Policy, the Company’s other data protection-related policies, andwith the GDPR and other applicable data protection legislation.

10.3      The Company shall keep written internal recordsof all personal data collection, holding, and processing, which shallincorporate the following information:

10.3.1  Thename and details of the Company, its Data Protection Officer, and anyapplicable third-party data processors;

10.3.2  Thepurposes for which the Company collects, holds, and processes personal data;

10.3.3  Detailsof the categories of personal data collected, held, and processed by theCompany, and the categories of data subject to which that personal datarelates;

10.3.4  Detailsof any transfers of personal data to non-EEA countries including all mechanismsand security safeguards;

10.3.5  Detailsof how long personal data will be retained by the Company (please refer to theCompany’s Data Retention Policy); and

10.3.6  Detaileddescriptions of all technical and organisational measures taken by the Companyto ensure the security of personal data.


  1. Data Protection Impact Assessments

11.1      The Company shall carry out Data ProtectionImpact Assessments for any and all new projects and/or new uses of personaldata which involve the use of new technologies and the processing involved islikely to result in a high risk to the rights and freedoms of data subjectsunder the GDPR.

11.2      Data Protection Impact Assessments shall be overseenby the Data Protection Officer and shall address the following:

11.2.1  Thetype(s) of personal data that will be collected, held, and processed;

11.2.2  Thepurpose(s) for which personal data is to be used;

11.2.3  TheCompany’s objectives;

11.2.4  Howpersonal data is to be used;

11.2.5  Theparties (internal and/or external) who are to be consulted;

11.2.6  Thenecessity and proportionality of the data processing with respect to thepurpose(s) for which it is being processed;

11.2.7  Risksposed to data subjects;

11.2.8  Risksposed both within and to the Company; and

11.2.9  Proposedmeasures to minimise and handle identified risks.


  1. Keeping Data Subjects Informed

12.1      The Company shall provide the information setout in Part 12.2 to every data subject:

12.1.1  Wherepersonal data is collected directly from data subjects, those data subjectswill be informed of its purpose at the time of collection; and

12.1.2  Wherepersonal data is obtained from a third party, the relevant data subjects willbe informed of its purpose:

  1. a)if the personal data is used to communicate withthe data subject, when the first communication is made; or
  2. b)if the personal data is to be transferred toanother party, before that transfer is made; or
  3. c)as soon as reasonably possible and in any eventnot more than one month after the personal data is obtained.

12.2      The following information shall be provided:
12.2.1  Detailsof the Company including, but not limited to, the identity of its DataProtection Officer;
12.2.2  Thepurpose(s) for which the personal data is being collected and will be processed(as detailed in Part 21 of this Policy) and the legal basis justifying thatcollection and processing;

12.2.3  Whereapplicable, the legitimate interests upon which the Company is justifying itscollection and processing of the personal data;

12.2.4  Wherethe personal data is not obtained directly from the data subject, thecategories of personal data collected and processed;

12.2.5  Wherethe personal data is to be transferred to one or more third parties, details ofthose parties;

12.2.6  Wherethe personal data is to be transferred to a third party that is located outsideof the European Economic Area (the “EEA”), details of that transfer, includingbut not limited to the safeguards in place (see Part 28 of this Policy forfurther details);

12.2.7  Detailsof data retention;

12.2.8  Detailsof the data subject’s rights under the GDPR;

12.2.9  Detailsof the data subject’s right to withdraw their consent to the Company’sprocessing of their personal data at any time;

12.2.10Detailsof the data subject’s right to complain to the Information Commissioner’sOffice (the “supervisory authority” under the GDPR);

12.2.11Whereapplicable, details of any legal or contractual requirement or obligationnecessitating the collection and processing of the personal data and details ofany consequences of failing to provide it; and

12.2.12Detailsof any automated decision-making or profiling that will take place using thepersonal data, including information on how decisions will be made, thesignificance of those decisions, and any consequences.


  1. Data Subject Access

13.1      Data subjects may make subject access requests(“SARs”) at any time to find out more about the personal data which the Companyholds about them, what it is doing with that personal data, and why.

13.2      Employees wishing to make a SAR should do usinga Subject Access Request Form, sending the form to the Company’s DataProtection Officer at Gavin Owen, SpaChem Limited, Regus House,Cardiff Gate Business Park, Malthouse Ave, Pontprennau, Cardiff, CF23 8RU,United Kingdom. (“the Company”).

13.3      Responses to SARs shall normally be made withinone month of receipt, however this may be extended by up to two months if theSAR is complex and/or numerous requests are made. If such additional time isrequired, the data subject shall be informed.

13.4      All SARs received shall be handled by theCompany’s Data Protection Officer.

13.5      The Company does not charge a fee for thehandling of normal SARs. The Company reserves the right to charge reasonablefees for additional copies of information that has already been supplied to adata subject, and for requests that are manifestly unfounded or excessive,particularly where such requests are repetitive.


  1. Rectification of Personal Data

14.1      Data subjects have the right to require theCompany to rectify any of their personal data that is inaccurate or incomplete.

14.2      The Company shall rectify the personal data inquestion, and inform the data subject of that rectification, within one monthof the data subject informing the Company of the issue. The period can beextended by up to two months in the case of complex requests. If suchadditional time is required, the data subject shall be informed.

14.3      In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data