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QUEST WEBSITE PERSONAL DATA PROTECTION POLICY
1. Introduction
Quest International Users Group, Inc. (“Company,” “we” or “us”) respects
individuals’ rights to their personal data. We are committed to protecting
personal data we may collect through our compliance with this Personal Data
Protection Policy. This Policy describes our commitment to protection of
personal data from others and the rights of employees, business contacts and
customers regarding their personal data. This Policy is intended to comply with
the European Union’s General Data Protection Regulation (the “Regulation”) and
other applicable laws.
For purposes of this Policy, we define “personal data” as any information
relating to an identified or identifiable natural person (a 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.
This Policy describes the procedures we follow when dealing with personal data.
This Policy applies to the Company and others when working on our behalf, such
as employees, agents, contractors, and others.
2. Our Personal Data Protection Principles
The following principles apply to our collection, use, storage and dealings with
personal data: We commit that personal data will be:
1. processed lawfully, fairly, and in a transparent manner in relation to the
data subject;
2. 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 not be considered
to be incompatible with the initial purposes;
3. adequate, relevant and limited to what is necessary in relation to the
purposes for which it is processed;
4. accurate and, where necessary, kept up to date; every reasonable step must
be taken to ensure that personal data that is inaccurate, having regard to
the purposes for which they are processed, is erased or rectified without
delay;
5. kept in a form which permits identification of data subjects for no longer
than is necessary for the purposes for which the personal data is 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 subject
to implementation of the appropriate technical and organizational measures
required by the Regulation in order to safeguard the rights and freedoms of
the data subject; and
6. processed in a manner that ensures appropriate security of the personal
data, including protection against unauthorized or unlawful processing and
against accidental loss, destruction or damage, using appropriate technical
or organisational measures.
3. Lawful, Fair, and Transparent Data Processing
We commit to ensure that personal data is processed lawfully, fairly, and
transparently, without adversely affecting the rights of the data subject. We
commit that at least one of the following principles will apply to our
processing of personal data:
1. the data subject has given consent to the processing of his or her personal
data for one or more specific purposes;
2. processing is necessary for the performance of a contract to which the data
subject is a party or in order to take steps at the request of the data
subject prior to entering into a contract;
3. processing is necessary for compliance with a legal obligation to which the
controller is subject;
4. processing is necessary to protect the vital interests of the data subject
or of another natural person;
5. processing is necessary for the performance of a task carried out in the
public interest or in the exercise of official authority vested in the
controller; or
6. processing is necessary for the purposes of the legitimate interests pursued
by the controller or by a third party, except where such interests are
overridden by the fundamental rights and freedoms of the data subject which
require protection of personal data, in particular where the data subject is
a child.
4. Processed for Specified, Explicit and Legitimate Purposes
1. The Company collects and processes the personal data described in Section
21 of this Policy. This may include personal data received directly from
data subjects (for example, contact details used when a data subject
communicates with us), data received from third parties such as that
relating to pay and benefits (for example, insurers and benefit
providers), and within datasets provided by customers including ‘data
centre’ storage (for example, for the purpose of reinstating IT systems
following an incident)
2. The Company only processes personal data for the specific purposes set
out in Section 21 of this Policy (or for other purposes expressly
permitted by the Regulation). The purposes for which we process personal
data will be communicated to data subjects at the time that their
personal data is collected, where it is collected directly from them, or
as soon as possible (not more than one calendar month) after collection
where it is obtained from a third party.
5. Adequate, Relevant and Limited Data Processing
The Company will only collect and process personal data for and to the extent
necessary for the specific purposes communicated to data subjects as under
Section 4 of this Policy.
6. Accuracy of Data and Keeping Data Up To Date
The Company will ensure that all personal data collected and processed is kept
accurate and up-to-date. The accuracy of personal data will be checked when it
is collected and at regular intervals thereafter. Where any inaccurate or
out-of-date personal data is found, reasonable steps will be taken without delay
to amend or erase that data, as appropriate.
7. Timely Processing
The Company will not keep personal data for any longer than is necessary in
light of the purposes for which that data was originally collected and
processed. When the personal data is no longer required, reasonable steps will
be taken to erase it without delay.
8. Secure Processing
The Company will ensure that personal data collected and processed by it is kept
secure and protected against unauthorized or unlawful processing and against
accidental loss, destruction or damage. Further details of the data protection
and organizational measures taken by the Company are provided in Sections 22 and
23 of this Policy.
9. Accountability
1. The Company’s data protection officer is Preston Gorman, 2365 Harrodsburg
Road, Suite A325,
preston.gorman@theaiedge.com.
2. The Company will keep written internal records of all personal data
collection, holding, and processing, which will incorporate the following
information:
(i) The name and details of the Company, its data protection
officer, and any applicable third-party data controllers;
(ii) The purposes for which the Company processes personal data;
(iii) Details of the categories of personal data collected, held,
and processed by the Company; and the categories of data subject to which
that personal data relates;
(iv) Details (and categories) of any third parties that will
receive personal data from the Company;
(v) Details of any transfers of personal data to non-European
Economic Area (“EEA”) countries including relevant mechanisms and security
safeguards;
(vi) Details of how long personal data will be retained by the
Company; and
(vii) Detailed descriptions of all technical and organizational
measures taken by the Company to ensure the security of personal data.
1. 1. 10. Privacy Impact Assessments
The Company will make Privacy Impact Assessments when and as required under
the Regulation. Privacy Impact Assessments will be overseen by the
Company’s data protection officer and address the following areas of
importance:
1. 1. 1. a) The purposes for which personal data is being processed and the
processing operations to be carried out on that data;
2. b) Details of the legitimate interests being pursued by the
Company;
3. c) An assessment of the necessity and proportionality of the data
processing with respect to the purposes for which it is being
processed;
4. d) An assessment of the risks posed to individual data subjects;
and
5. e) Details of the measures in place to minimize and handle risks
including safeguards, data security, and other measures and
mechanisms to ensure the protection of personal data, sufficient to
demonstrate compliance with the Regulation and other applicable
laws.
1. 1. 11. The Rights of Data Subjects
We recognize and acknowledge the following rights of data subjects:
1. 1. 1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure (also known as the ‘right to be forgotten’);
5. The right to restrict processing;
6. The right to data portability;
7. The right to object; and
8. Rights with respect to automated decision-making and profiling.
1. 1. 12. Keeping Data Subjects Informed
1. 1. 1. a) The Company will ensure that the following information is
provided to every data subject when personal data is collected:
(i) Details of the Company including, but not limited to, the
identity of its Data Protection Officer;
(ii) The purposes for which the personal data is being collected and
will be processed (as detailed in Section 21 of this Policy) and the legal
basis justifying that collection and processing;
(iii) Where applicable, the legitimate interests upon which the
Company is justifying its collection and processing of the personal data;
(iv) Where the personal data is not obtained directly from the data
subject, the categories of personal data collected and processed;
(v) Where the personal data is to be transferred to one or more third
parties, details of those parties;
(vi) Where the personal data is to be transferred to a third party
that is located outside of the EEA, details of that transfer, including but
not limited to the safeguards in place (see Section 24 of this Policy for
further details concerning such third country data transfers);
(vii) Details of the length of time the personal data will be held by
the Company (or, where there is no predetermined period, details of how that
length of time will be determined);
(viii) Details of the data subject’s rights under the Regulation;
(ix) Details of the data subject’s right to withdraw their consent to
the Company’s processing of their personal data at any time;
(x) Details of the data subject’s right to complain to the
Information Commissioner’s Office (the ‘supervisory authority’ under the
Regulation);
(xi) Where applicable, details of any legal or contractual
requirement or obligation necessitating the collection and processing of the
personal data and details of any consequences of failing to provide it; and
(x) Details of any automated decision-making that will take place
using the personal data (including but not limited to profiling), including
information on how decisions will be made, the significance of those
decisions and any consequences.
1. 1. 1. b) The information set out above in Section 12(a) will be provided
to the data subject at the following applicable time:
(i) Where the personal data is obtained from the data subject
directly, at the time of collection;
(ii) Where the personal data is not obtained from the data subject
directly (i.e. from another party):
1. 1. * (A) If the personal data is used to communicate with the data
subject, at the time of the first communication; or
* (B) If the personal data is to be disclosed to another party, before
the personal data is disclosed; or
* (C) In any event, not more than one month after the time at which
the Company obtains the personal data.
*
2. 13. Data Subject Access
1. 1. 1. a) A data subject may make a Subject Access Request (“SAR”) at any
time to find out more about the personal data that the Company
holds about them. The Company is normally required to respond to
SARs within one month of receipt (this can be extended by up to two
months in the case of complex or numerous requests, in which cases
the data subject will be informed of the need for the extension).
2. b) All subject access requests received must be forwarded to the
Company’s data protection officer.
3. c) The Company does not charge a fee for the handling of normal
SARs. The Company reserves the right to charge reasonable fees for
additional copies of information that has already been supplied to
a data subject, and for requests that are manifestly unfounded or
excessive, particularly where such requests are repetitive.
*
4. Rectification of Personal Data
1. 1. 1. a) If a data subject informs the Company that personal data held by
the Company is inaccurate or incomplete and requests that it be
rectified, the personal data in question will be rectified, and the
data subject informed of that rectification, within one month of
receipt the data subject’s notice (this can be extended by up to
two months in the case of complex requests, in which cases the data
subject shall be informed of the need for the extension).
2. b) In the event that any affected personal data has been disclosed
to third parties, those parties shall be informed of any
rectification of that personal data.
*
3. Erasure of Personal Data
1. 1. 1. a) Data subjects may request that the Company erases the personal
data it holds about them in the following circumstances:
(i) It is no longer necessary for the Company to hold that personal
data with respect to the purpose for which it was originally collected or
processed;
(ii) The data subject withdraws their consent to the Company holding
and processing their personal data;
(iii) The data subject objects to the Company holding and processing
their personal data (and there is no overriding legitimate interest to allow
the Company to continue doing so) (see Section 18 of this Policy for further
details concerning data subjects’ rights to object);
(iv) The personal data has been processed unlawfully; or
(v) The personal data needs to be erased in order for the Company to
comply with a particular legal obligation.
1. 1. 1. b) Unless the Company has reasonable grounds to refuse to erase
personal data, all requests for erasure will be complied with, and
the data subject informed of the erasure, within one month of
receipt of the data subject’s request (this can be extended by up
to two months in the case of complex requests, in which cases the
data subject shall be informed of the need for the extension).
2. c) In the event that any personal data that is to be erased in
response to a data subject request has been disclosed to third
parties, those parties will be informed of the erasure (unless it
is impossible or would require disproportionate effort to do so).
*
3. Restriction of Personal Data Processing
1. 1. 1. a) Data subjects may request that the Company ceases processing the
personal data it holds about them. If a data subject makes such a
request, the Company will retain only the amount of personal data
pertaining to that data subject that is necessary to ensure that no
further processing of their personal data takes place.
2. b) In the event that any affected personal data has been disclosed
to third parties, those parties shall be informed of the applicable
restrictions on processing it (unless it is impossible or would
require disproportionate effort to do so).
*
3. Data Portability
1. 1. 1. a) The Company does not process personal data using automated means
(excepting general backup and recovery management).
2. c) Where data subjects have given their consent to the Company to
process their personal data in such a manner or the processing is
otherwise required for the performance of a contract between the
Company and the data subject, data subjects have the legal right
under the Regulation to receive a copy of their personal data and
to use it for other purposes (namely transmitting it to other data
controllers).
3. c) To facilitate the right of data portability, the Company shall
endeavour to make available all applicable personal data to data
subjects in a suitable format.
4. d) Where technically feasible, if requested by a data subject,
personal data shall be sent directly to another data controller.
5. e) All requests for copies of personal data shall be complied with
within one month of the data subject’s request (this can be
extended by up to two months in the case of complex requests in the
case of complex or numerous requests, and in such cases the data
subject shall be informed of the need for the extension).
*
6. Objections to Personal Data Processing
1. 1. 1. a) Data subjects have the right to object to the Company processing
their personal data based on legitimate interests (including
profiling), direct marketing (including profiling), and processing
for scientific and/or historical research and statistics purposes.
2. b) Where a data subject objects to the Company processing their
personal data based on its legitimate interests, the Company will
cease such processing promptly, unless it can be demonstrated that
the Company’s legitimate grounds for such processing override the
data subject’s interests, rights and freedoms; or the processing is
necessary for the conduct of legal claims.
3. c) Where a data subject objects to the Company processing their
personal data for direct marketing purposes, the Company will cease
such processing promptly.
4. d) Where a data subject objects to the Company processing their
personal data for scientific or historical research and statistics
purposes, the data subject must, under the Regulation, ‘demonstrate
grounds relating to his or her particular situation’. The Company
is not required to comply if the research is necessary for the
performance of a task carried out for reasons of public interest.
*
5. Automated Decision-Making
1. 1. 1. a) In the event that the Company uses personal data for the
purposes of automated decision-making and those decisions have a
legal (or similarly significant effect) on data subjects, data
subjects have the right to challenge to such decisions under the
Regulation, requesting human intervention, expressing their own
point of view, and obtaining an explanation of the decision from
the Company.
2. b) The right described in Section 19(a) does not apply in the
following circumstances:
(i) The decision is necessary for the entry into, or performance
of, a contract between the Company and the data subject;
(ii) The decision is authorized by law; or
(iii) The data subject has given their explicit consent.
1. 1. *
2. 20. Profiling
Where the Company uses personal data for profiling purposes, the following
shall apply:
1. 1. 1. Clear information explaining the profiling will be provided,
including its significance and the likely consequences;
2. Appropriate mathematical or statistical procedures will be used;
3. Technical and organizational measures necessary to minimize the
risk of errors and to enable such errors to be easily corrected
shall be implemented; and
4. All personal data processed for profiling purposes will be secured
in order to prevent discriminatory effects arising out of profiling
(see Sections 22 and 23 of this Policy for more details on data
security).
1. 1. 21. Personal Data
The following personal data may be collected, held, and processed by the
Company:
Name, date of birth, Social Security Number or similar identification
number, Medicare number or similar number, marital status, gender,
ethnicity, religion, health status and information, insurance information,
disability status, convictions and pending actions, financial status,
income, educational information, employment and prior employment,
performance and disciplinary information, payroll information, training,
certification and licence information, physical addresses, telephone
numbers, email addresses, credit card information, bank information,
information about your internet connection, the equipment you use to access
our site and usage details, and other information that may be defined as
personal or personally identifiable information. This data is collected and
maintained by us for sales, marketing, promotional, customer relations,
membership, shipping, providing access to or delivery of our services or
products, employment or human resources purposes. Data is maintained on a
secure system and, in the case of employees, the Company’s payroll system.
1. 1. *
2. 22. Data Protection Measures
The Company will ensure wherever possible that employees, agents,
contractors, or other parties working on its behalf comply with the
following when working with personal data:
1. 1. 1. Where any personal data is to be erased or otherwise disposed of
for any reason (including where copies have been made and are no
longer needed), it should be securely deleted and disposed of.
Hardcopies should be shredded, and electronic copies should be
deleted securely.
2. Personal data may not be transmitted over a wireless network if
there is a wired alternative that is reasonably practicable;
3. Where personal data is to be sent by facsimile transmission the
recipient should be informed in advance of the transmission and
should be waiting by the fax machine to receive the data;
4. Where personal data is to be transferred in hardcopy form it
should be passed directly to the recipient or sent using a
recognised recorded and signed-for carrier;
5. No personal data may be shared informally and if an employee,
agent, sub-contractor, or other party working on behalf of the
Company requires access to any personal data that they do not
already have access to, such access should be formally requested
from the Data Protection Officer.
6. All hardcopies of personal data, along with any electronic copies
stored on physical, removable media should be stored securely in a
locked box, drawer, cabinet or similar;
7. No personal data may be transferred to any employees, agents,
contractors, or other parties, whether such parties are working on
behalf of the Company or not, without the authorization of the
Data Protection Officer;
8. Personal data must be handled with care at all times and should
not be left unattended or on view to unauthorized employees,
agents, sub-contractors or other parties at any time;
9. If personal data is being viewed on a computer screen and the
computer in question is to be left unattended for any period of
time, the user must lock the computer and screen before leaving
it;
10. No personal data should be transferred to any device personally
belonging to an employee and personal data may only be transferred
to devices belonging to agents, contractors, or other parties
working on behalf of the Company where the party in question has
agreed to comply fully with the letter and spirit of this Policy
and of the Regulation (which may include demonstrating to the
Company that all suitable technical and organizational measures
have been taken);
11. All personal data stored electronically should be backed up to a
secure medium or storage location. All backups should be encrypted
and password protected;
12. All electronic copies of personal data should be stored securely
using passwords and encryption;
13. All passwords used to protect personal data should be changed
regularly and should not use words or phrases that can be easily
guessed or otherwise compromised. All passwords must contain a
strong combination of uppercase and lowercase letters, numbers,
and symbols;
14. Where personal data held by the Company is used for marketing
purposes, it shall be the responsibility of the Data Protection
Officer to ensure that no data subjects have added their details
to any marketing preference databases.
1. 1. 23. Organizational Measures
The Company will ensure that the following measures are taken with respect
to the collection, holding, and processing of personal data:
1. 1. 1. All employees, agents, contractors, or other parties working on
behalf of the Company will be made fully aware of both their
individual responsibilities and the Company’s responsibilities
under the Regulation and under this Policy, and will be provided
with a copy of this Policy;
2. Only employees, agents, subcontractors, or other parties working
on behalf of the Company that need access to, and use of, personal
data in order to carry out their assigned duties correctly will
have access to personal data held by the Company;
3. All employees, agents, contractors, or other parties working on
behalf of the Company handling personal data will be appropriately
trained to do so;
4. All employees, agents, contractors, or other parties working on
behalf of the Company handling personal data will be appropriately
supervised;
5. Methods of collecting, holding and processing personal data shall
be regularly evaluated and reviewed;
6. The performance of those employees, agents, contractors, or other
parties working on behalf of the Company handling personal data
will be regularly evaluated and reviewed;
7. All employees, agents, contractors, or other parties working on
behalf of the Company handling personal data will be bound by
contract to do so in accordance with this Policy and the
Regulation;
8. All agents, contractors, or other parties working on behalf of the
Company handling personal data must ensure that any of their
employees who are involved in the processing of personal data are
held to the same conditions as those applicable to employees of
the Company arising out of this Policy and the Regulation;
9. Where any agent, contractor or other party working on behalf of
the Company handling personal data fails in their obligations
under this Policy, that party must indemnify and hold harmless the
Company against any costs, liability, damages, loss, claims or
proceedings which may arise out of that failure.
*
10. Transferring Personal Data to a Country Outside the EEA
1. 1. 1. a) The Company may from time to time transfer (‘transfer’ includes
making available remotely) personal data collected from data
subjects inside countries of the EEA to countries outside of the
EEA.
2. b) The transfer of such personal data to a country outside of the
EEA shall take place only if one or more of the following applies:
(i) The transfer is to a country, territory, or one or more
specific sectors in that country (or an international organisation), that
the European Commission has determined ensures an adequate level of
protection for personal data;
(ii) The transfer is to a country (or international organization)
that provides appropriate safeguards in the form of a legally binding
agreement between public authorities or bodies; binding corporate rules;
standard data protection clauses adopted by the European Commission;
compliance with an approved code of conduct approved by a supervisory
authority (e.g. the Information Commissioner’s Office); certification under
an approved certification mechanism (as provided for in the Regulation);
contractual clauses agreed and authorized by the competent supervisory
authority; or provisions inserted into administrative arrangements between
public authorities or bodies authorised by the competent supervisory
authority;
(iii) The transfer is made with the informed consent of the relevant
data subjects;
(iv) The transfer is necessary for the performance of a contract
between the data subject and the Company (or for pre-contractual steps taken
at the request of the data subject);
(v) The transfer is necessary for important public interest reasons;
(vi) The transfer is necessary for the conduct of legal claims;
(vii) The transfer is necessary to protect the vital interests of the
data subject or other individuals where the data subject is physically or
legally unable to give their consent; or
(viii) The transfer is made from a register that, under UK or EU law,
is intended to provide information to the public and which is open for
access by the public in general or otherwise to those who can show a
legitimate interest in accessing the register.
1. 1. 25. Data Breach Notification
1. 1. 1. a) All personal data breaches must be reported immediately to the
Company’s data protection officer.
2. b) If a personal data breach occurs and that breach is likely to
result in a risk to the rights and freedoms of data subjects
located in the EU (e.g. financial loss, breach of confidentiality,
discrimination, reputational damage, or other significant social or
economic damage), the data protection officer must ensure that the
Information Commissioner’s Office is informed of the breach without
delay, and in any event, within 72 hours after having become aware
of it.
3. c) In the event that a personal data breach is likely to result in
a high risk (that is, a higher risk than that described under
Section 25(b)) to the rights and freedoms of data subjects located
in the EU, the data protection officer must ensure that all
affected data subjects are informed of the breach directly and
without undue delay.
4. d) Data breach notifications shall include the following
information:
(i) The categories and approximate number of data subjects
concerned;
(ii) The categories and approximate number of personal data records
concerned;
(iii) The name and contact details of the Company’s data protection
officer (or other contact point where more information can be obtained);
(iv) The likely consequences of the breach; and
(vi) Details of the measures taken, or proposed to be taken, by the
Company to address the breach including, where appropriate, measures to
mitigate its possible adverse effects.
1. 1. 26. Implementation of Policy
This Policy is effective as of May 25, 2018. This Policy applies solely to
matters occurring on or after its effective date. No part of this Policy
shall have retroactive effect.
[End]
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