Data Protection Policy

Tourism Management Institute is a Company Limited by Guarantee Registered in England No.9965075 • VAT Registration No 233440930 Registered Office: 40 Chamberlayne Road, Eastleigh, Hampshire SO50 5JH

 

1. Introduction

This Policy sets out the obligations of Tourism Management Institute, a Company Limited by Guarantee registered in England under number 9965075, whose registered office is at 40 Chamberlayne Road, Eastleigh, Hampshire SO50 5JH (“TMI”) regarding data protection and the rights of current, prospective and former members, event delegates and business contacts (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “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 sets out TMI’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by TMI, its members, agents, contractors, or other parties working on behalf of TMI.

TMI is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

2. The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

  1. 2.1  Processed lawfully, fairly, and in a transparent manner in relation to the data subject.

  2. 2.2  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.

2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

2.4 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 it is processed, is erased, or rectified without delay.

2.5 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 organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.

Tourism Management Institute is a Company Limited by Guarantee Registered in England No.9965075 • VAT Registration No 233440930 Registered Office: 40 Chamberlayne Road, Eastleigh, Hampshire SO50 5JH TMI Trading Ltd is registered for VAT No. 985 4771 62

2.6 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.

  1. The Rights of Data Subjects

    The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details but note that TMI does not carry out any automated data processing, automated decision-making or profiling):

    1. 3.1  The right to be informed (Part 12).

    2. 3.2  The right of access (Part 13);

    3. 3.3  The right to rectification (Part 14);

    4. 3.4  The right to erasure (also known as the ‘right to be forgotten’) (Part 15);

    5. 3.5  The right to restrict processing (Part 16);

    6. 3.6  The right to data portability;

    7. 3.7  The right to object (Part 17); and

    8. 3.8  Rights with respect to automated decision-making and profiling

  2. Lawful, Fair, and Transparent Data Processing

    The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:

4.1 The data subject has given consent to the processing of their personal data for one or more specific purposes;

4.2 The 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 with them;

4.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;

4.4 The processing is necessary to protect the vital interests of the data subject or of another natural person;

4.5 The 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 data controller; or

4.6 The processing is necessary for the purposes of the legitimate interests pursued by the data 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.

5. Specified, Explicit, and Legitimate Purposes

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  1. 5.1  TMI collects and processes the personal data set out in Part 18 of this Policy. This includes:

    1. 5.1.1  Personal data collected directly from data subjects and

    2. 5.1.2  Personal data obtained from a third party.

  2. 5.2  TMI only collects, processes, and holds personal data for the specific purposes set out in Part 18 of this

Policy (or for other purposes expressly permitted by the GDPR).

5.3 Data subjects are kept informed at all times of the purpose or purposes for which TMI uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.

5.4 TMI will not transfer personal data to third parties other than to comply with any legal requirement.

  1. Adequate, Relevant, and Limited Data Processing

    TMI will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Part 21, below.

  2. Accuracy of Data and Keeping Data Up-to-Date

7.1 TMI shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to- date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out in Part 14, below.

7.2 The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

8. Data Retention

8.1 TMI shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

8.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

8.3 For full details of TMI’s approach to data retention, including retention periods for specific personal data types held by TMI, please refer to our Data Retention Policy.

  1. Secure Processing

    TMI shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 19 to 24 of this Policy.

  2. Accountability and Record-Keeping

10.1 TMI’s Data Protection Officer is Simon McCloy FTMI, simon@smccloy.co.uk.

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10.2 The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, TMI’s other data protection-related policies, and with the GDPR and other applicable data protection legislation.

10.3 TMI shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

10.3.1 The name and details of TMI, its Data Protection Officer, and any applicable third-party data processors;

  1. 10.3.2  The purposes for which TMI collects, holds, and processes personal data;

  2. 10.3.3  Details of the categories of personal data collected, held, and processed by TMI, and the

categories of data subject to which that personal data relates;

10.3.4 Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;

10.3.5 Details of how long personal data will be retained by TMI (please refer to TMI’s Data Retention Policy); and

10.3.6 Detailed descriptions of all technical and organisational measures taken by TMI to ensure the security of personal data.

11. Data Protection Impact Assessments

11.1 TMI shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and where the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.

11.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:

  1. 11.2.1  The type(s) of personal data that will be collected, held, and processed;

  2. 11.2.2  The purpose(s) for which personal data is to be used;

  3. 11.2.3  TMI’s objectives;

  4. 11.2.4  How personal data is to be used;

  5. 11.2.5  The parties (internal and/or external) who are to be consulted;

  6. 11.2.6  The necessity and proportionality of the data processing with respect to the purpose(s) for

which it is being processed;

  1. 11.2.7  Risks posed to data subjects;

  2. 11.2.8  Risks posed both within and to TMI; and

  3. 11.2.9  Proposed measures to minimise and handle identified risks.

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12. Keeping Data Subjects Informed

12.1 TMI shall provide the information set out in Part 12.2 to every data subject:

12.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

12.1.2 Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:

12.1.3 if the personal data is used to communicate with the data subject, when the first communication is made; or

12.1.4 as soon as reasonably possible and in any event not more than one month after the personal data is obtained.

12.2 The following information shall be provided:

  1. 12.2.1  Details of TMI including, but not limited to, the identity of its Data Protection Officer;

  2. 12.2.2  The purpose(s) for which the personal data is being collected and will be processed (as detailed

in Part 18 of this Policy) and the legal basis justifying that collection and processing;

12.2.3 Where applicable, the legitimate interests upon which TMI is justifying its collection and processing of the personal data;

12.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

  1. 12.2.5  Details of data retention;

  2. 12.2.6  Details of the data subject’s rights under the GDPR;

  3. 12.2.7  Details of the data subject’s right to withdraw their consent to TMI’s processing of their

personal data at any time;

12.2.8 Details of the data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);

12.2.9 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.

13. Data Subject Access

13.1 Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which TMI holds about them, what it is doing with that personal data, and why.

13.2 Employees wishing to make a SAR should do using a Subject Access Request Form, sending the form to TMI’s Data Protection Officer at simon@smmcloy@co.uk.

13.3 Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

13.4 All SARs received shall be handled by TMI’s Data Protection Officer.

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13.5 TMI does not charge a fee for the handling of normal SARs. TMI 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.

14. Rectification of Personal Data

14.1 Data subjects have the right to require TMI to rectify any of their personal data that is inaccurate or incomplete.

14.2 TMI shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing TMI of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

14.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

15. Erasure of Personal Data

15.1 Data subjects have the right to request that TMI erases the personal data it holds about them in the following circumstances:

15.1.1 It is no longer necessary for TMI to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;

15.1.2 The data subject wishes to withdraw their consent to TMI holding and processing their personal data;

15.1.3 The data subject objects to TMI holding and processing their personal data (and there is no overriding legitimate interest to allow TMI to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);

  1. 15.1.4  The personal data has been obtained or processed unlawfully;

  2. 15.1.5  The personal data needs to be erased in order for TMI to comply with a particular legal

obligation

15.2 Unless TMI has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

15.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

16. Restriction of Personal Data Processing

16.1 Data subjects may request that TMI ceases processing the personal data it holds about them. If a data subject makes such a request, TMI shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

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16.2 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).

17. Objections to Personal Data Processing

17.1 Data subjects have the right to object to TMI processing their personal data based on legitimate interests and direct marketing (including profiling.

17.2 Where a data subject objects to TMI processing their personal data based on its legitimate interests, TMI shall cease such processing immediately, unless it can be demonstrated that TMI’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

17.3 Where a data subject objects to TMI processing their personal data for direct marketing purposes, TMI shall cease such processing immediately.

18. Personal Data Collected, Held, and Processed

The following personal data is collected, held, and processed by TMI (for details of data retention, please refer to TMI’s Data Retention Policy):

Data Ref.

Type of Data

Purpose of Data

Membership Database

Members’ name, contact details, class of membership

To enable TMI manage individual memberships and to provide member services (newsletter, information about TMI events and membership benefits)

Membership applications

Name, contact details, career history and/or CV, referee contact details

To assess appropriate category of membership and complete application procedure

Membership certificates

Name, class of membership, date admitted

Kept as record and to supply/resupply to member on request

Prospects database

Potential members’ name, contact details

To communicate with potential members about the benefits of TMI membership and to send information about TMI events

Ex member database

Lapsed/non renewed members’ name, email address and date of leaving

To communicate details of forthcoming TMI events and other TMI news

Higher Education

Name, contact details for leaders on HE

To communicate regarding TMI Higher Education Course

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Data Ref.

Type of Data

Purpose of Data

Course Leaders

tourism courses

Recognition Scheme., upcoming TMI events

Higher Education Course recognition scheme applications

Course staff CVs and course leader contact details

To assess course against TMI Criteria for awarding course recognition

TMI event delegates lists

Name, role, organisation and contact details

To communicate with current and past delegates in connection with their attendance at TMI

19. Data Security - Transferring Personal Data and Communications

TMI shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:

  1. 19.1  All emails containing personal data must be encrypted;

  2. 19.2  All emails containing personal data must be marked “confidential”;

  3. 19.3  Personal data may be transmitted over secure networks only; transmission over unsecured networks is

not permitted in any circumstances;

19.4 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;

19.5 Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;

19.6 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;

19.7 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient; and

19.8 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.

20. Data Security - Storage

TMI shall ensure that the following measures are taken with respect to the storage of personal data:

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20.1 All electronic copies of personal data should be stored securely using passwords and data encryption;

20.2 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;

20.3 All personal data stored electronically should be backed up daily with backups stored offsite. All backups should be encrypted;

20.4 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to TMI or otherwise without the formal written approval of the Executive Board and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; and

20.5 Personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of TMI where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the GDPR (which may include demonstrating to TMI that all suitable technical and organisational measures have been taken).

  1. Data Security - Disposal

    When 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. For further information on the deletion and disposal of personal data, please refer to TMI’s Data Retention Policy.

  2. Data Security - IT Security

    TMI shall ensure that the following measures are taken with respect to IT and information security:

22.1 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 combination of uppercase and lowercase letters, numbers, and symbols;

22.2 Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of TMI, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;

22.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. TMI’s IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; and

23. Organisational Measures

TMI shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

23.1 All employees, agents, contractors, or other parties working on behalf of TMI shall be made fully aware of both their individual responsibilities and TMI’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy;

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23.2 Only employees, agents, sub-contractors, or other parties working on behalf of TMI that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by TMI;

23.3 All employees, agents, contractors, or other parties working on behalf of TMI handling personal data will be appropriately trained to do so;

23.4 All employees, agents, contractors, or other parties working on behalf of TMI handling personal data will be appropriately supervised;

23.5 All employees, agents, contractors, or other parties working on behalf of TMI handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;

  1. 23.6  Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;

  2. 23.7  All personal data held by TMI shall be reviewed periodically, as set out in TMI’s Data Retention Policy;

  3. 23.8  All employees, agents, contractors, or other parties working on behalf of TMI handling personal data

will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;

23.9 All agents, contractors, or other parties working on behalf of TMI handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of TMI arising out of this Policy and the GDPR; and

23.10 Where any agent, contractor or other party working on behalf of TMI handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless TMI against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

24. Data Breach Notification

  1. 24.1  All personal data breaches must be reported immediately to TMI’s Data Protection Officer.

  2. 24.2  If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of

data subjects (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.

24.3 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 Part 29.2) to the rights and freedoms of data subjects, the Data Protection Officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

24.4 Data breach notifications shall include the following information:

  1. 24.4.1  The categories and approximate number of data subjects concerned;

  2. 24.4.2  The categories and approximate number of personal data records concerned;

  3. 24.4.3  The name and contact details of TMI’s data protection officer (or other contact point where

more information can be obtained);

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Name: Position: Date: Due for Review by:

Signature:

Robin Barker President 01 May 2018 30 April 2019

24.4.4 The likely consequences of the breach;

24.4.5 Details of the measures taken, or proposed to be taken, by TMI to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

25. Implementation of Policy

This Policy shall be deemed effective as of 1 May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

This Policy has been approved and authorised by: