4 June 2018 Club Los Claveles Data Protection Policy

Club Los Claveles Data Protection Policy
The Club’s updated data protection policy is being temporarily displayed as an article for members to view before being permanently displayed under the Committee tab of the website.

Context and overview

Key details

• Policy prepared by: Frank Westfield/ Roger Lindsay
• Approved by the Club Committee on: 3rd June 2018
• Policy became operational on: 3rd June 2018
• Next review date: by 3rd June 2019


The Club Los Claveles Committee (“Committee”) needs to gather and use certain information about individuals in order to discharge its obligations set out in the Club Los Claveles Constitution. These individuals can include members, suppliers, business contacts, employees and other people the Committee has a relationship with or may need to contact. This policy describes how this personal data must be collected, handled and stored to meet the Club’s data protection standards, and to comply with the law.

Why this policy exists
This data protection policy ensures that the Committee:
• complies with data protection law and follows good practice;
• protects the rights of Committee members, members and partners;
• is open about how it stores and processes individuals’ data; and
• protects itself from the risk of a data breach.

Data protection law

Data protection laws describe how organisations, including the Committee, must collect, handle and store personal data relating to individuals. Data protection laws include the General Data Protection Regulation 2016/679, the UK Data Protection Act 2018 and all other applicable EU and UK data protection legislation. These rules apply regardless of whether data is stored electronically, on paper or using other methods.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.

Data protection laws are underpinned by seven important principles. These say that personal data must:

1. be processed fairly, lawfully and transparently (fairness, lawfulness and transparency);
2. be obtained only for specific, explicit and legitimate purposes (purpose limitation);
3. be adequate, relevant and not excessive (data minimisation);
4. be accurate and kept up to date (accuracy);
5. not be held for any longer than necessary (storage limitation); and
6. be processed securely in a way that protects its confidentiality (integrity and confidentiality).

The seventh principle requires the data controller (the Committee) to be able to demonstrate compliance with the six principles above (accountability).
Data protection laws also prevent personal data from being transferred to a country outside the European Union, unless that country also ensures an adequate level of protection, or there are adequate safeguards in place to protect the data. The Committee does not transfer personal data out with the European Union, but where this is necessary it will ensure that appropriate safeguards (e.g. data sharing agreements) are in place before it transfers the data.

People, risks and responsibilities

Policy scope

This policy applies to:
• the head office of the Committee;
• all branches of the Committee;
• all members and volunteers of the Committee; and
• all contractors, suppliers and other people working on behalf of the Committee.

This policy governs the processing of all data that the Committee holds relating to identifiable individuals, even if that information technically falls outside the scope of current data protection laws. This can include:

• names of individuals;
• postal addresses;
• email addresses;
• telephone numbers;
• Villa(s) and week(s) owned;
• When and how they paid their maintenance (but no personal account details);
• Copies of proxy forms.Data protection risks

This policy helps to protect the Committee from data security risks, including:

• Breaches of confidentiality. For instance, information being given out inappropriately.
• Failing to offer choice. For instance, all individuals should be free to choose how the Committee uses data relating to them.
• Reputational damage. For instance, the Committee and Club could suffer if hackers successfully gained access to sensitive data.


Everyone who works for or with the Committee has some responsibility for ensuring data is collected, stored and handled appropriately. Each team that handles personal data must ensure that it is handled and processed in line with this policy and the data protection principles set out above. However, the following people have key areas of responsibility:

• The Chairman is ultimately responsible for ensuring that the Committee meets its legal obligations under data protection laws.
• The Data Protection Officer, Roger Lindsay, is responsible for:

o keeping the Committee updated about data protection responsibilities, risks and issues;
o reviewing all data protection procedures and related policies, in line with an agreed schedule;
o arranging data protection training and advice for the people covered by this policy;
o handling data protection questions from Committee members and anyone else covered by this policy;
o dealing with requests from individuals or disclosure of the data the Committee holds about them (also called ‘subject access requests’);and
o checking and approving any contracts or agreements with third parties that may handle the Committee’s data.

 The IT Officer is responsible for:

o ensuring all systems, services and equipment used for storing data meet applicable security standards;
o performing regular checks and scans to ensure security hardware and software is functioning properly; and
o evaluating any third-party services the Committee is considering using to store or process data (e.g. cloud computing services).

• The Communications Officer, Mac Farquhar, is responsible for:

o approving any data protection statements attached to communications such as emails and letters;
o addressing any data protection queries from journalists or media outlets like newspapers; and where necessary, working with other staff to ensure marketing initiatives abide by the data protection principles.

General Committee and volunteer guidelines

• The only people able to access data covered by this policy should be those who need it for their work.
• Data should not be shared informally. When access to confidential information is required, Committee members and volunteers can request it from the Committee Data Protection Officer.
• The Committee will provide appropriate training to all Committee members and volunteers to help them understand their responsibilities when handling data.
• Committee members and volunteers should keep all data secure, by taking sensible precautions and following the guidelines below.
• In particular, strong passwords must be used and they should never be shared.
• Personal data should not be disclosed to unauthorised people, either within the Committee or externally.
• Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and/or disposed of.
• Committee members and volunteers should request help from the Data Protection Officer if they are unsure about any aspect of the Committee’s use of their information.

Data storage

These rules describe how and where data should be safely stored. Questions about how we store data can be directed to the IT Officer or the Committee.

When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
These guidelines also apply to data that is usually stored electronically but has been printed out for some reason. When not required, the paper or files should be kept in a locked drawer or filing cabinet.

• Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
• Data printouts should be shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts.
• Data should be protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
• Data should only be stored on designated drives and servers and should only be uploaded to approved cloud computing services.
• Servers containing personal data should be sited in a secure location, away from general office space.
• Data should be backed up frequently. Those backups should be tested regularly, in line with the Committee’s standard backup procedures.
• Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
• All servers and computers containing data should be protected by approved security software and a firewall.

Data use

Personal data is of no value to the Committee unless the Committee can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft.
• When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
• Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
• Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.Employees should not save copies of personal data to their own computers.
Always access and update the central copy of any data.

Data accuracy

The law requires the Committee to take reasonable steps to ensure data is kept accurate and up to date. 
The more important it is that the personal data is accurate, the greater the effort the Committee should put into ensuring its accuracy.
It is the responsibility of all Committee members and volunteers who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.

• Data will be held in as few places as necessary. Committee members and volunteers should not create any unnecessary additional data sets.
• Committee members and volunteers should take every opportunity to ensure data is updated. For instance, by confirming a member’s details when they call.
• The Committee will make it easy for members to update the information the Committee holds about them. For instance, via the Los Claveles Owners website.
• Data should be updated as inaccuracies are discovered. For instance, if a member can no longer be reached on their stored telephone number, it should be removed from the database.

Data subject rights

The Committee has processes in place to ensure that it can facilitate any request made by an individual to exercise their rights under data protection law. All Committee members, employees and volunteers have received training and are aware of the rights of individuals whose information the Committee holds.

Committee members, employees and volunteers can identify such a request and know who to send it to. The relevant rights that an individual has are listed below. All requests will be considered without undue delay and within one month of receipt
as far as possible.

Subject access: the right to request information about how personal data is being processed, including whether personal data is being processed, the right to be allowed access to that data and to be provided with a copy of that data, along with the right to obtain the following information:the purpose of the processing:

• the categories of personal data;
• the recipients to whom data has been disclosed or which will be disclosed;
• the retention period;
• the right to lodge a complaint with the ICO;
• the source of the information if not collected direct from the subject; and
• the existence of any automated decision making.

Rectification: the right to allow an individual to rectify inaccurate personal data concerning them.
Erasure: the right to have data erased and to have confirmation of erasure, but only where:
• the data is no longer necessary in relation to the purpose for which it was collected;
• where consent is withdrawn;
• where there is no legal basis for the processing; or
• there is a legal obligation to delete the data.

Restriction of processing: the right to ask for certain processing to be restricted in the following circumstances:
• if the accuracy of the personal data is being contested; or
• if our processing is unlawful but the data subject does not want it erased; or
• if the data is no longer needed the data for the purpose of the processing but it is required by the individual for the establishment, exercise or defence of legal claims; or
• if the individual has objected to the processing, pending verification of that objection.

Data portability: the right to receive a copy of personal data which has been provided by the individual and which is processed by automated means in a format which will allow the individual to transfer the data to another data controller. This would only apply if the Committee was processing the data using consent or on the basis of a contract.

Object to processing: the right to object to the processing of personal data relying on the legitimate interests processing condition, unless the Committee can demonstrate compelling legitimate grounds for the processing which override the interests of the individual or for the establishment, exercise or defence of legal claims.

If an individual wish to exercise any of their rights, they should contact the Chairman at chairman@losclavelesowners.eu
For subject access requests the Committee can supply a standard request form, although individuals do not have to use this.
The Committee will always verify the identity of anyone making a subject access request before handing over any information.

Disclosing data for other reasons In certain circumstances, the data protection law allows personal data to be disclosed to law enforcement agencies without the consent of the individual.

In these circumstances, the Committee will disclose the requested data. However, the Committee will ensure the request is legitimate, and it will seek assistance from the Committee and from the Committee’s legal advisers where necessary.

The Committee may transfer your personal data to third parties where this is necessary to allow it to fulfil its obligations under the contract that it has with its members. For example, a member’s personal data may be transferred to the resort in Los Cristianos, Tenerife, Spain so that they can exercise their time share. A member’s consent is not required before the Committee can transfer this data.

Data Breaches

A “personal data breach” is any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data (that has been transmitted, stored or processed).

Our Data Protection Officer is responsible for dealing with personal data breaches. In the unlikely event of a personal data breach, the Data Protection Officer will investigate the breach and ensure that, where possible, the breach is remedied.

Where the breach is likely to result in a risk to the rights and freedoms of the individual(s) who are affected by it, the Data Protection Officer will notify the Information Commissioner’s Office of the breach. This will be done as soon as possible, but no later than 72 hours from the time of the breach.
The notification should include a description of the personal data breach, including where possible the categories and approximate number of individuals concerned and the categories and approximate number of data records concerned:

• the name and contact details of the Data Protection Officer or other contact point where more information can be obtained; and
• the measures taken or proposed to be taken by the Committee to address the personal data breach.

Where the breach is likely to result in a high risk to the rights and freedoms of the individuals who are affected by it, the Data Protection Officer will also notify the individuals affected, in addition to notifying the breach to the Information Commissioner’s Office as set out above. Affected individuals should be advised (in plain language) of the personal data breach, its likely consequences for them, steps taken to remedy the breach, and any steps that the individual can take to mitigate potential adverse effects.

The Committee will document all personal data breaches, whether or not they have been reported to the Information Commissioner’s Office or the affected individuals. The record will detail the facts surrounding the breach, its effects, and remedial
action taken.

Providing information

The Committee aims to ensure that individuals are aware that their data is being processed, and that they understand:

• how the data is being used; and
• how to exercise their rights.

To these ends, the Committee has a privacy notice, setting out how data relating to individuals is used by the Committee.

This is available on request. The privacy notice will shortly be displayed on the Los Claveles Owners website.

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