1. Introduction

In our everyday business operations, Eye Cinema makes use of a variety of data about identifiable individuals, including data about:

• Current, past and prospective employees
• Visitors and other patrons
• Current, past and prospective service users
• Users of our websites
• Marketing/Loyalty subscribers
• Other stakeholders

 

In collecting and using this data, Eye Cinema 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.

 

 

2. Purpose

The purpose of this policy is to set out the relevant privacy and data protection legislation and to describe the steps Eye Cinema is taking to ensure that we comply with it.

 

This policy outlines how Eye Cinema collects, stores and uses any information that you provide Eye Cinema when visiting our website or purchasing our products and services.

 

By using our services, you acknowledge that Eye Cinema will collect and use information as described in this Data Protection Policy.

 

This control applies to all systems, people and processes that constitute Eye Cinema’s information systems, including directors, employees, suppliers and other third parties who have access to the personal data controlled by Eye Cinema.

 

The following policies and procedures are relevant to this document:

 

• GDPR Roles and Responsibilities
• Personal Data Process Mapping and Data Cataloguing Procedures
• Legitimate Interest Assessment Procedure
• Data Breach Response Plan and Procedure
• Records Retention and Deletion Policy
• Responding to Data Subject Requests Procedures
• GDPR Controller – Processor Agreement Policy
• Data Protection Impact Assessment Process

 

3. Privacy and Personal Data Protection Policy
 

3.1  The General Data Protection Regulation
It is Eye Cinema’s policy to protect the rights and freedoms of our employees and clients and to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times. The General Data Protection Regulation (GDPR) is one of the most significant pieces of legislation affecting the way that Eye Cinema carries out its information processing activities.

 

3.2  Relevant Definitions
The definitions most relevant to this policy are listed in Table 1, below:

 

Extracted from GDPR – Article 4

Personal Data means:

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 – Article 4(1)

Processing means:

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, Eye Cinema, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction – Article 4(2)

Controller means:

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 – Article 4(7)

Processor means:

A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller – Article 4(8)

Third Party means:

A natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data – Article 4(10)
 

 

Table 1 – GDPR definition

3.3  Principles Relating to Processing of Personal Data
The GDPR is based on a number of fundamental principles; these are set out in Article 5 and summarised in Table 2.

 

Extracted from GDPR – Article 5

1. Personal data shall be:

 

(a) processed lawfully, fairly and in a transparent manner

 

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those 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; (‘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; (‘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’).

 

2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

 
 

Table 2 – GDPR Data Protection Principles

Eye Cinema will take all reasonable steps to ensure that we and our outsourced processors comply with all of these principles both in the processing currently carried out and in the introduction of new methods of processing, such as modifications to or the introduction of new IT systems, outsourced processors, etc.

 

3.4  The Rights of the Individual

Data Subject rights under the GDPR consist of:

 

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object

 

Each of these rights are supported by appropriate procedures within Eye Cinema that allow the required action to be taken within the timescales set out in the GDPR. These timescales are shown in Table 3.

Table 3 - Timescales for data subject requests

 

3.5  Lawfulness of Processing

It is our policy at Eye Cinema to identify and designate the appropriate lawful basis for processing personal data and to document it, in accordance with the Regulation. There are six lawful bases and these are briefly described in Table 4, below:

 

Lawful Bases for Processing: GDPR – Article 6
 

Consent

Where relying on consent as the legal basis for processing, Eye Cinema will always obtain and retain evidence of explicit consent from a data subject to collect and process their data. In respect to children below the age of 16, parental consent will be obtained. (A lower age is allowable in specific EU member states in relation to the age of digital consent – in Ireland, the UK and certain other Member States it has been set at 13 years). Transparent information about our use of their personal data will be provided to the data subject at the time that consent is obtained and their rights with regard to their data explained, such as their right to withdraw consent. This information will be provided in an accessible form, written in clear and plain language, and made available free of charge. If their personal data is not obtained directly from the data subject then the information will be provided to the data subject within a reasonable period after the data are obtained and not later than one month.

 
 

Performance of a Contract

Where the personal data processing is required to fulfil a contract between Eye Cinema and the data subject, explicit consent will not be required. This will often be the case where a contract cannot be completed without the personal data in question – e.g. data required to complete a payment transaction or to process wage payments, etc.

 
 

Legal Obligation

Where the personal data processing is required in order to comply with the law, explicit consent will not be required. This may be the case for some data related to employment and taxation, for example.

 
 

 

 

 

 

Vital Interests of the Data Subject

Where the personal data processing is required to protect the vital interests of the data subject or of another natural person, this may be used as the lawful basis for the processing. Where this basis is used, Eye Cinema will retain reasonable, documented evidence that this is the case. This basis will be used only in extreme circumstances - for instance, in a life or death situation – where the consent of the data subject consent cannot be obtained.

 
 

Task Carried Out in the Public Interest

Where Eye Cinema 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.

 
 

Legitimate Interests

If the processing of specific personal data is in the legitimate interests of Eye Cinema and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be relied on as the lawful basis for the processing. The reasoning behind this view will be documented. For example, it may be used to send previous customers information on similar services, or special offers that the customer is likely to have an interest in, within a reasonable time frame of the last transaction with that customer. Determine and note the relevant time period for your organisation. Digital marketing is governed by the ePrivacy Regulations.

 
Table 4 – Lawful Bases for Processing

 

 

3.6 Security

Security is of upmost importance to Eye Cinema and we have procedures in place to protect all your personal data, and prevent unauthorised access or misuse.

Our website is PCI compliant: The Payment Card Industry Data Security Standard (PCI DSS) applies to Eye Cinema as it accepts credit card payments. As Eye Cinema accepts card payment, and stores, processes and transmits cardholder data, Eye Cinema hosts the data securely with a PCI compliant hosting provider (Payment Express).

Eye Cinema uses SSL Technology: Secure Sockets Layer (SSL) is standard security technology for establishing an encrypted link between a server and a client. SSL allows sensitive information such as credit card numbers and login credentials to be transmitted securely.

HTTPS: Eye Cinema employs web server certificates signed by Thawte. The ‘https’ in the navigation bar indicates that Eye Cinema has a private encrypted and authenticated connection to the website and that no third party users should be able to intercept the web pages you are browsing.

 

 3.7  CCTV

We use CCTV systems in our premises, for our legitimate interests (and for those of our customers, visitors and service providers) of detecting, investigating and addressing incidents (including health and safety, civil or criminal unlawful acts). This is to safeguard our premises, business, goods and services, as well as our customers, visitors and service providers. Footage from CCTV may be used by: us; the third parties referred to in this paragraph; by our representatives or those of our third parties; An Garda Síochána; or health and safety investigators; in detecting, investigating and addressing any incidents.

 

3.8  Privacy by Design

Eye Cinema has adopted the principle of Privacy by Design and has reviewed and appropriately modified our business processes to comply with this element of the GDPR. We will ensure that the definition and planning of all new or significantly changed methods for collecting or otherwise processing personal data will be subject to due consideration of privacy issues, including the completion of data protection impact assessments, where necessary. The use of techniques such as data minimisation and pseudonymisation will be considered where applicable and appropriate.

 

3.9 Contracts Involving the Processing of Personal Data

Eye Cinema will ensure that all personal data processing relationships it enters into are subject to a documented contract that includes at a minimum the specific information and terms required by the GDPR.

 

3.10 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 of data protection law and of their organisations business environment. It can either be an in-house resource or be outsourced to an appropriate service provider.

Based on these criteria, Eye Cinema has evaluated the requirement and decided that a Data Protection Officer is not required. The responsibility for data protection has been assigned to the Management Team.

 

3.11  Breach Notification

It is Eye Cinema’s policy to be fair and proportionate when considering actions to be taken to inform affected parties regarding breaches of their 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.

 

3.12  Addressing Compliance to the GDPR

The following actions are undertaken to ensure that Eye Cinema complies at all times with the accountability principle of the GDPR:

 

• The legal basis for processing personal data is clear and unambiguous.
• Appropriate resource has been assigned to the take responsibility for data protection in the Eye Cinema.
• All employee involved in handling personal data understand their responsibilities for following good data protection practice.
• The rules regarding consent are followed.
• Routes are available to data subjects wishing to exercise their rights regarding personal data and such requests are handled effectively.
• An Incident and near miss reporting process is in place and is reviewed regularly
• 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:

• Eye Cinema 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. Eye Cinema has the right to change and amend this Privacy Policy as we see fit. Data subjects, customers, suppliers and employees should check our website regularly to keep up to date with the Eye Cinema Data Protection Policy.

 

Policy Date of Effect:     25/05/2018