DATA RETENTION POLICY AND SCHEDULE

Statement of Purpose

1. GMS Ltd. (the Organisation, we, our or us) is committed to adhering to the data protection and privacy rights of all individuals whose Personal Data it Processes in the course of its activities. To do so, we are committed to meeting the requirements imposed by UK Data Protection Laws: particularly, requirements under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. This Data Retention Policy is implemented to this end, with a focus on the storage limitation principle.
2. This Data Retention Policy is based on the UK Data Protection Laws. If this Policy is at any time inconsistent with this body of law, GMS Ltd. will act (including by adjusting any relevant Retention Periods) to meet the requirements imposed by up-to-date UK Data Protection Laws in priority to the requirements set out in this Policy.
3. Any questions in relation to this Policy should be referred to the Operations Manager in the first instance, via email at arran.ingram@gms-uk.com or by ringing 01661836900.

Definitions, Interpretation, and Scope

1. Within this Policy, the following terms hold the following meanings:
   1. ‘Condition for Processing’ means the exceptions to the general prohibition on Processing Special Category Personal Data, specified by UK Data Protection Laws, at least one of which must apply to Processing of Special Category Personal Data for that Processing to be in compliance with UK Data Protection Laws;
   2. ‘Data Protection Principles’ means the 7 core principles at the heart of the UK Data Protection Laws, which these laws are constructed to uphold;
   3. ‘Data Subject’ means the individual to whom an item of Personal Data relates and who can be identified from this data;
   4. ‘Lawful Bases’ means the 6 grounds set out in Article 6 of the UK GDPR, at least one of which must apply to Processing of Personal Data for that Processing to be in compliance with UK Data Protection Laws;
   5. ‘Personal Data’ means any information relating to an individual who can be identified (either directly or indirectly) by this information. References to Personal Data within this Policy refer to all Personal Data that the Organisation Processes, including any Personal Data that the Organisation stores following use of this data in the course of its work with or via agents, consultants, sub-contractors, or similar;
   6. ‘Processing’ means any use of Personal Data outside of private personal use, including obtaining, recording, managing, using, storing, or anonymising this data;
   7. ‘Special Category Personal Data’ means the certain types of personal data that the UK Data Protection Laws identify as being more sensitive in nature than other Personal Data and, consequently, as requiring a higher level of protection; including information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation, and biometric data;
   8. ‘UK Data Protection Laws’ means any law applicable in the UK relating to the Processing of Personal Data, including but not limited to the UK GDPR and the Data Protection Act 2018.
2. The definitions above apply also to the singular or plural, other tense, or other form of such words when used within this Policy.

Legal Justification for Processing

1. GMS Ltd. is committed to ensuring that all Processing of Personal Data carried out by us and/or our agents, sub-contractors, consultants, employees, or others working on our behalf is carried out in compliance with UK Data Protection Laws. As such, we confirm that:
   1. All Personal Data is Processed in reliance on one or more of the Lawful Bases;
   2. All Special Category Personal Data is, additionally, Processed in reliance on a separate Condition for Processing; and
   3. All Processing is carried out in accordance with the Data Protection Principles.
2. All necessary documentation and procedures are completed and in place to ensure that all Processing is carried out in accordance with UK Data Protection Laws and the Data Protection Principles (e.g. the transparency and accountability principles).
   1. Access to documentation can be requested from the Operations Manager by emailing arran.ingram@gms-uk.com. Access will be granted where it is appropriate to do so (e.g. with regard to other individuals’ data privacy and to business confidentiality needs).

Storage Limitation

1. This Data Retention Policy deals primarily with how we will uphold the Data Protection Principle of storage limitation. The storage limitation principle requires that we do not keep (e.g. store) Personal Data for any longer than we need it, with ‘need’ determined by reference to the purposes and Lawful Bases for which given Personal Data is Processed.
2. Adhering to the storage limitation principle is vital for:
   1. Reducing the risks of data breaches and other security threats to data’s privacy and integrity;
   2. Reducing the risk of Personal Data becoming irrelevant, excessive, inaccurate, out-of-date; or being used incorrectly or by accident; and
   3. Reducing the Organisation’s legal risk by ensuring that Personal Data is not retained once the applicable Lawful Bases(s) no longer apply (i.e. once it can no longer be Processed in accordance with UK Data Protection Laws).
3. To uphold the storage limitation principle, GMS Ltd.’s commitments include (but are not limited to):
   1. Adhering to the Retention Periods set out in the schedule to this Policy titled ‘Schedule – Retention Periods’;
   2. No longer storing Personal Data that, despite not yet having been held for the duration of the applicable Retention Period, is inappropriate to store with regard to UK Data Protection Laws and other laws (e.g. when there is no requirement that it is retained longer for purposes such as maintaining compliant tax and employment records or dealing with legal claims);
   3. Properly handling any individuals’ data erasure requests and, where appropriate, complying with such requests; and
   4. Deleting or anonymising Personal Data that is no longer needed in accordance with this Policy.

Retention Periods

1. A Retention Period is a set time period after which the applicable type of Personal Data should be considered no longer needed and should be deleted or anonymised, unless a situation applies that requires certain Personal Data to be stored for longer and which justifies its further Processing (including storing) under UK Data Protection Laws. Justifications and decisions on extended storage periods can be identified and proposed by the Staff Member responsible for the applicable Personal Data, then should be approved by the Operations Manager before being implemented.
2. Once Personal Data has reached the end of its Retention Period, if no justification for extension or other exception applies, this data should be deleted or anonymised in accordance with the section of this Policy titled ‘Dealing with Personal Data that is No Longer Needed’.
3. GMS Ltd.’s Retention Periods are set out in the schedule to this Policy titled ‘Schedule – Retention Periods’.
4. The Retention Periods apply however the Personal Data is held by us (e.g. whatever its location or format).

Dealing with Personal Data that is No Longer Needed

1. All Personal Data that is no longer needed in any way must be either deleted (i.e. erased) or anonymised.
2. Deletion of Personal Data held electronically entails this data being permanently deleted as far as is technologically possible. This means that the Staff Member carrying out the deletion must ensure that, after deletion, it is beyond use (i.e. they must ensure that, if any traces remain, these traces cannot identify the Data Subject). To destroy any electronically held Personal Data, a Staff Member should To delete personal data, a staff member should delete records or information containing it. The Staff Member carrying out the deletion should ensure that:
   1. Any offline copies of the Personal Data are deleted, as well as published/online versions;
   2. Any backup copies of the Personal Data are deleted, whether or not such copies are up-to-date.
3. Deletion of Personal Data held in hard copy entails destruction of this data to the extent that it is beyond use (e.g. so that it cannot be reassembled or read).
4. Anonymisation entails Personal Data being altered into a form that does not allow identification of the Data Subject in any way (i.e. so that the information no longer constitutes Personal Data and is no longer covered by UK Data Protection Laws). Anonymisation may be carried out as an alternative to deletion when useful for the Organisation and appropriate (e.g. for the purposes of carrying out statistical analysis with a large, anonymous dataset).
5. If a Staff Member needs to delete or anonymise Personal Data and they are uncertain as to how to appropriately do so, they should contact the Operations Manager via email at arran.ingram@gms-uk.com or by phone at 01661836900 for assistance.

Responsibility

1. Day-to-day responsibility for monitoring compliance with this Policy, for setting, evaluating, and adapting data retention practices and this Policy, and for setting, evaluating, and adapting Retention Periods, sits with the Operations Manager.
2. All individuals working for or acting on behalf of GMS Ltd. at all levels, including senior managers, officers, employees, consultants, trainees, homeworkers, part-time and fixed-term workers, casual workers, agency workers, volunteers, and interns (collectively ‘Staff Members’) should follow this Policy in relation to any Personal Data that they Process. If they have any questions or concerns related to this Policy and their data storage obligations, they should contact the Operations Manager via email at arran.ingram@gms-uk.com or by phone at 01661 836900.

Changes to the Policy and to Retention Periods

1. This Policy does not form part of any contract of employment or similar and GMS Ltd. may amend it at any time at our absolute discretion.
2. Any changes to the Retention Periods will be made in compliance with the law and a new justification will be provided for each new Retention Period set. Any such changes will be communicated to relevant Staff Members in a timely manner to ensure that practices are adapted accordingly.
3. Retention Periods will be reviewed by the Operations Manager (or somebody who the Operations Manager has assigned to review the Retention Periods on their behalf and subject to their approval) at least once every 10 years, to ensure that these Retention Periods are still reasonable with regard to any changes to the Personal Data held and to any new laws or guidance relevant to a given Retention Period.

Schedule – Retention Periods