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Privacy Notice - GENERAL DATA PROTECTION POLICY
AIESEC in India
Data Protection Policy
Last Updated: 5th May 2019
1. Introduction
1.1. General Statement
We are required to process relevant personal data regarding members/employees, volunteers, applicants, alumni and customers as part of our operations: thus, we shall take all reasonable steps to do so in accordance with this policy. It is important that personal data is processed lawfully and appropriately, in accordance with the requirements of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and abiding by the appropriate local/national laws regarding privacy. Personal data is any information relating to an identified or identifiable individual, such as members/employees, volunteers, applicants, alumni, customers and anyone else with whom we do business. Personal data is an important and valuable asset, and the way we handle this data should demonstrate respect, promote trust and avoid security incidents. In many cases, there are laws that govern how we collect, use and dispose of personal data: for these reasons, we must follow the law and the internal policies/guidelines for handling personal data. We respect the confidentiality of personal data, in both paper and electronic form: information shall not be used/disclosed improperly and/or used by someone who is not authorised to do so. Furthermore, we are committed to protecting and respecting the privacy of our stakeholders, because we respect the trust that is being placed in us to use personal information appropriately and responsibly: therefore, we have to take our data protection duties seriously.1.2. About this Policy
This policy and any other documents referred to in it clarify the basis on which we will deal with any personal data we collect and/or process: thus, this policy is applicable to every data processing activity carried out by us. Please note that this policy is not part of the agreement/contract signed by our members/employees, so it can be amended at any time and its provisions shall be respected by all those who participate in our processing activities. Every director, member/employee, contractor and third party – including the ones related to the local committees – working for or acting on behalf of AIESEC in India, including AIESEC in Ahmedabad, AIESEC in Bangalore, AIESEC in Baroda, AIESEC in Bhubaneswar, AIESEC in Chandigarh, AIESEC in Chennai, AIESEC in Dehradun, AIESEC in Delhi IIT, AIESEC in Delhi University, AIESEC in Hyderabad, IIT ISM Dhanbad, AIESEC in IIT KGP, AIESEC in Indore, AIESEC in Jaipur, AIESEC in Jalandhar, AIESEC in Jodhpur, AIESEC in Kolkata, AIESEC in Ludhiana, AIESEC in M.AH.E, AIESEC in Mumbai, AIESEC in Nagpur, AIESEC in Nashik, AIESEC in Navi Mumbai, AIESEC in NIT Trichy, AIESEC in NMIMS Shirpur, AIESEC in Patiala, AIESEC in Pune, AIESEC in Shillong, AIESEC in South Mumbai, AIESEC in Surat, AIESEC in Visakhapatnam, and AIESEC in VIT must be aware of and follow this policy. Our Data Protection Officer is responsible for ensuring compliance with the data protection requirements and with this policy (*please refer to point 5., “Data Protection Officer”). Any questions about the operation of this policy and/or any concerns that this policy is not being followed should be referred to the Data Protection Officer.1.3. Main Definitions
Expressions mentioned in this policy shall have the same meaning provided by the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the appropriate laws. For basic understanding of this policy, the main concepts are:- Personal data (whether stored electronically or paper based) 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;
- Right to access | You have the right to access your own personal data and the right to receive relevant information regarding the processing of your personal data. Thus, you can ask us for a copy of the personal data we hold about you so that you can know if and what kind of personal data is being processed, why it is being processed and who is processing it, being able to enforce yourrights. You can contact us so as to exercise this Right.
- 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- Special categories of personal data is an expression which refers to sensitive categories of personal data, such as the ones regarding a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sexual orientation or sexual life. In general, it is forbidden to process sensitive personal data; in case it is processed, conditions must be met. Please note that data about criminal offences or convictions are another “special” category and we do not process such data.
2. Data Processing Principles
Anyone processing personal data must ensure that activities respect the provisions of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), ensuring that data is:- processed lawfully, fairly and in a transparent manner in relation to the data subject;
- processed for specific, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimisation”);
- accurate and, where necessary, kept up-to-date;
- not kept for longer than necessary for the intended purposes;
- 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.
2.1. Lawfulness, Fairness and Transparency
Processing must be done fairly and without adversely affecting the rights of the individual: thus, in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), we will only process personal data where it is in line with a lawful ground – which, according to the relevant provisions of the Article 6 (1) of such regulation, are:- the data subject has given consent to the processing of his/her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- 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;
- 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 interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
2.1.1. Consent
Whenever consent is the lawful basis for processing, it must be:- recorded, so that we can demonstrate that the data subject has consented to the processing of his/her personal data;
- given in a free, specific, explicit, informed and unambiguous manner. If consent is given in the context of a written declaration which also concerns other matters, the request for consent must be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language;
- easy to be revoked at any time.
2.2. Purpose Limitation
We may collect and process the personal data we receive directly from a data subject (for example, when he/she completes forms and/or sends information via mail, phone or email) and data we receive from other sources (including, for example, location data, business partners, payment/delivery services and others). We will only process personal data for specific purposes or for any other purposes specifically permitted by the data protection laws. We must notify the purposes to the data subject when we first collect the data (in case data was provided directly to us) or as soon as practicable (where data was received from a third party).2.2.1. Information to Individuals
Whenever we process personal data relating to an individual, we will inform the data subject about:- the purpose(s) for which we intend to process that personal data, as well as the legal basis for the processing;
- where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued;
- the recipients or categories of recipients of the personal data, if any;
- the fact that we intend to transfer personal data to a country or international organisation outside the European Union/European Economic Area and the appropriate and suitable safeguards in place;
- the existence of each of the rights of the data subject and their respective explanation, paying special attention to:
- the right to request from us (*considering that we are the “data controller”) access to and rectification or erasure of personal data or restriction of processing;
- the right to object to processing and the right to data portability.
- information about the period that the information will be stored or the criteria used to determine that period;
- the right to withdraw consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn. This right must be indicated at the moment the consent of the data subject is requested and/or in the appropriate privacy notice;
- the right to lodge a complaint with the appropriate supervisory authority;
- the existence of automated decision-making (including profiling) and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual;
- our identity and contact details (*considering that we are the “data controller”), of our Data Protection Officer and, where applicable, of our representative.
- if personal data was obtained directly from the individual, we must inform him/her about the points mentioned above at the time when data is obtained. In addition, he/she must also be provided with the following:
- whether the provision of the personal data is a statutory or contractual requirement/obligation, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any possible consequences of failing to provide the data.
- if personal data was obtained from other sources, we must provide him/her with this information as soon as practicable, but within one month of obtaining it. The individual must also be provided with:
- the types or categories of personal data which are to be processed;
- the source the personal data originates from and whether it came from publicly accessible sources.
2.3. Data Minimisation
We must process data in an adequate, relevant and non-excessive manner: thus, we will only collect personal data to the extent that it is required for the specific purpose(s) notified to the data subject.2.4. Accuracy
We will ensure that personal data we hold is accurate and kept up-to-date. In order to comply with such principle, we will check the accuracy of any personal data at the point of collection and at regular intervals subsequently, taking all reasonable steps to destroy/correct inaccurate or out-of-date data and giving individuals the opportunity to enforce their right to rectify data concerning them.2.5. Storage Limitation
We will not keep personal data longer than is necessary for the purpose(s) for which it was collected. We will take all reasonable steps to erase/anonymise or archive from our systems all data which is no longer required, following our internal retention policies.2.6. Integrity and Confidentiality
We must process data in accordance with the rights of the data subjects and in a manner that ensures security, integrity and confidentiality, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures. Personal data shall not be transferred to people/organisations situated in countries without adequate protection safeguards or in situations which do not meet the appropriate circumstances mentioned in the Articles 44–49 of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). Please note that the individual must be informed of the transfer.2.6.1. Data Security
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed. We will put in place technical and organisational measures to maintain the security of all personal data under our responsibility, during the whole flow. In this way, personal data will only be transferred to data processors if they agree to comply with the procedures and policies and/or if they put in place adequate measures. Our processing activities will be guided by the concepts of confidentiality and integrity of the personal data, as specified below:- confidentiality, applying measures which guarantee that data is protected against unauthorised or accidental use or disclosure – and, therefore, accessed only by people who are authorised to use the data and who are needed for the achievement of the purposes;
- integrity, applying measures which guarantee that data is protected against unauthorised or accidental loss, destruction or alteration and guaranteeing that it is accurate and suitable for the purpose(s).
- secure offices and workplaces, guaranteeing that the files are stored in buildings which count on appropriate safeguards (such as locks, security systems, etc.) and on furniture which allows extra protection (e.g.: locked drawers, etc). Personal information is always considered confidential and should be kept in a secure place where unauthorised people cannot see it;
- data minimisation, requesting only the appropriate data for our purpose(s);
- internal policies/guidelines which consider the principles/rights in the development of future projects and in the assessment of current practices;
- equipment safety, making regular backups, installing anti-virus softwares in platforms/devices and inserting passwords in every system/platform/device. Furthermore, members/employees must ensure that confidential information is not shown to passers-by and that they log off from systems/platforms/devices whenever they are left unattended;
- usage of modern and secure softwares which are kept-up-to-date;
- review and update of data which is out-of-date, taking every opportunity to ensure data is up-to-date;
- storage of data in as few places as necessary, without creating unnecessary additional data sets;
- methods of disposal, such as shredding papers and/or anonymising/erasing virtual data whenever it must be destroyed;
- the only people able to access the data covered by the policy shall be those who need it for their work and for the achievement of the purpose(s) informed to the data subject;
- data shall not be shared – formally or informally – to individuals outside our organisation except where it is necessary to do so in order to facilitate an exchange experience ;
- our staff should participate in the trainings/activities regarding data protection, read the appropriate materials and get to know the appropriate laws;
- members/employees shall keep all data secure, by taking sensible and reasonable precautions. Thus, it is advised that they:
- use strong passwords in systems/platforms/devices;
- never share passwords;
- never disclose personal data to unauthorised individuals, either within the organisation or outside it;
- never leave personal data unattended and/or where unauthorised people could see it;
- use only appropriate services/platforms/systems and secure devices;
- request help to the appropriate managers/Data Protection Officer in case they are unsure about any aspect of data protection.
2.6.2. Data Transfers
As a general rule, personal data may be transferred outside the European Union/European Economic Area or to an international organisation only if the country to which the personal data is transferred ensures an adequate level of protection for the rights and freedoms of data subjects. Personal data may also be transferred based on appropriate safeguards or in case one of the derogations of the Article 49 (1) of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is met, especially:- the data subject has given his/her explicit consent, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
- the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request;
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
- the transfer is necessary to protect the vital interests of the data subject or of other persons;
- the transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims.
2.6.3. Disclosure of Personal Data
Personal data shall not be transferred to external individuals and/or organisations except where it is necessary to do so in order to facilitate an exchange experience. Internally, data may be processed by the individuals acting under the power of AIESEC in India. Personal data may also be disclosed to the appropriate agencies in accordance with the law.2.6.3.1 Rights of the Data Subject
Anyone processing personal data must ensure that activities respect the provisions of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), guaranteeing that the rights of the data subjects are respected, in particular:-
- right to be informed, receiving proper details on how data is going to be processed (*please refer to point 2.2.1., “Information to Individuals”);
- right to access, being able to receive a confirmation as to whether or not personal data concerning him/her is being processed and access any data held about him/her by the data controller, following the provisions of the Article 15 of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679);
- right to rectification, being able to request rectification or completion of data concerning him/her;
- right to object, being able to express that he/she does not – or no longer – agree with the processing and, therefore, asks the data controller to stop processing activities regarding a particular situation. This right applies to direct marketing: thus, please note that the right to object to direct marketing is absolute and we must not challenge the decision of the individual, stopping such processing activities immediately;
- right to erasure, being able to request the erasure of personal data where there is no compelling reason for its continued processing. Please note that this right is subject to some specific circumstances, which are mentioned in the Articles 17 and 19 of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679);
- right to restriction of processing, obligating the data controller to suspend/pause the processing of personal data, either because of a request of the data subject or because of a situation which demands it to do so;
- right to data portability, being able to obtain his/her data from the controller so as to transfer it to another system;
- rights regarding automated decision-making, including:
- the primary right not to be subject to activities only based on automated processing and whose decisions have legal or relevant effects on him/her;
- the secondary rights – whenever automated decision-making is carried out either because of a contract or because of the consent of the data subject – to be informed (*about the existence of automated decision-making, its logics/criteria and consequences), express his/her point of view, challenge the decision and obtain human intervention.
- right to compensation and liability, as well as the right to lodge a complaint with a supervisory authority.
2.6.3.2 Subject Access Requests
Data subjects can send a request for information regarding if and what information we hold about them, why we hold such data, how to gain access to data, how to correct/update details, how we deal with data protection, etc. (*please refer to point 3., “Rights of the Data Subject). Whenever a member/employee receives a request, it shall be forwarded to Alejandro Hüsser Diaz (alejandro.husser.2@aiesec.net) immediately. Data subjects shall be informed of their right and must know that they should address their requests to the Data Protection Officer: Alejandro Hüsser Diaz, via email (alejandro.husser.2@aiesec.net). We may take reasonable steps to verify the identity of the individual who is requesting the data: personal data shall only be sent to the individual to which it is related, so it is vital to make sure that information is only given to a person who is entitled to it. Every request sent in writing must be responded within one month – and, if the request is made electronically, data shall be provided electronically (where possible). Please note that we may supply the data subject with a standard request form, but the individuals are not obligated by law to use it: all written requests must be addressed properly, even if they do not follow the “template” provided by us.4.1. Guidance for the responsible for Subject Access Requests
It is vital that the Article 15 of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is read and followed. Besides, the guidelines below shall be useful.4.1.1. Procedures upon receipt of a Subject Access Request
Whenever we are the data controller, we shall proceed with the following steps upon receiving a Subject Access Request:- confirm whether we are the “data controller”;
- verify the identity of the data subject; if necessary, request any further evidence regarding the identity of the data subject;
- verify if the access request is sufficient and if the requested information is clear; if not, request additional information;
- verify whether requests are unfounded or excessive (particularly if they are repetitive): if so, we may refuse to act on the request or charge a reasonable fee. We shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request;
- promptly acknowledge receipt of the request and inform the data subject of any costs involving its processing. Please note that, as a general rule, the request must be handled free of change;
- verify whether we process the data requested; if we do not process any data, inform the data subject accordingly;
- verify whether the data requested also involves data about other data subjects and make sure this data is filtered before the requested data is supplied to the data subject.
4.1.2. Procedures to respond to a Subject Access Request
Whilst responding to a subject access request, follow the guidelines below:- make sure to respond to the request within one month after it is received:
- if the request is particularly complex, we may extend this initial period by two months, but we must communicate to the data subject in a timely manner within the first month and explain why the extension is necessary;
- if we do not take action on the request of the data subject, we must inform the data subject about the reasons for not taking action and of his/her rights to lodge complaints/seek judicial remedy at latest within one month of receipt of the request.
- if a request is submitted in electronic form, information should preferably be provided in a commonly used electronic format (*e.g.: text or html). It is not forbidden to send information via email, but we must ensure that the transfer is secure;
- if information is kept on paper, we can provide the data subject with a paper copy of his/her information;
- if data on the data subject is processed, make sure to include at least the following information in the response:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom personal data has been or will be disclosed, in particular in third countries or international organisations, including any appropriate safeguards for transfer of data;
- where possible, the envisaged period for which personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the data has not been collected from the data subject, the source of such data;
- the existence of any automated decision-making (including profiling) and any meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- provide a copy of the personal data undergoing processing. Once again, this should be provided in a commonly used electronic form if the data subject has submitted the request electronically and if he/she does not request otherwise.
- An organisation shall not provide an individual with the individual’s personal data or other information if the provision of that personal data or other information, as the case may be, could reasonably be expected to —
- threaten the safety or physical or mental health of an individual other than the individual who made the request;
- cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
- reveal personal data about another individual;
- reveal the identity of an individual who has provided personal data about another individual and the individual providing the personal data does not consent to the disclosure of his identity; or
- be contrary to the national interest.
- An organisation shall not inform any individual that it has disclosed personal data to a prescribed law enforcement agency if the disclosure was made without the consent of the individual.
- If an organisation is able to provide the individual with the individual’s personal data and other information requested without the personal data or other information excluded, the organisation shall provide the individual with access to the personal data and other information without the personal data or other information excluded in the previous points.
4.1.2.1 Data Protection Officer
We have appointed Sauarbh Kamboj as the Data Protection Controller (DPO) who will endeavour to ensure that all personal data is processed in compliance with this policy and with the principles of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). Appropriate national laws are also relevant to this policy.4.1.2.2 Participation in Data Protection
Everyone who works for or with us has some responsibility for ensuring data is collected, stored and handled appropriately: thus, teams which handle personal data must ensure that it is processed in accordance with this policy, the data protection principles, the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the appropriate laws.4.1.2.3 Data Breaches
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, we shall promptly assess the risks to the rights and freedoms of individuals: if necessary, the breach shall be reported to the appropriate supervisory authority – and, if appropriate, the individuals affected by the incident shall be communicated. Please refer to our Data Breach Management Procedure and to the appropriate templates.4.1.2.4 Disclaimer
This policy should be used together with other documents, which are mentioned below:- General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) – officially “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)”;
- Data Breach Management Procedure;
- Internal Retention Policies;
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