June 26, 2018
EXIDE TECHNOLOGIES
(“Exide” or “the Company”)
Data Protection Policy (the “Policy”)
You are required to read this policy because it provides important information about:
• the data protection principles with which Exide must comply;
• what constitutes personal information (or data) and sensitive personal information (or data);
• how Exide collects, uses and (ultimately) deletes personal information and sensitive personal
information in accordance with the Policy;
• where more detailed information regarding the data can be found, e.g., the personal
information Exide gathers and uses, how the personal information is used, stored and
transferred, for what purposes, the steps taken to keep that personal information secure and
for how long it is kept;
• your obligations as an Exide employee in relation to data protection; and
• the consequences of failure to comply with this Policy.
1 Introduction
1.1 Exide obtains, keeps and uses personal information (also referred to as “personal data”)
about third parties for a number of specific lawful purposes, as set out in Exides data
protection privacy notices.
1.2 This Policy sets out how we comply with our data protection obligations. The purpose of the
Policy is also to ensure that staff, including employees, as well as temporary and agency
workers understand and comply with the rules governing the collection, use and deletion of
personal information to which they may have access in the course of their work.
1.3 Exide is committed to complying with our data protection obligations, and to being concise,
clear and transparent about how we obtain and use personal information, and how (and
when) we delete that information once it is no longer required.
1.4 If you have any questions or comments about the content of this Policy or if you need further
information, you should contact the the local GDPR Correspondent or the Legal Department.
2 Scope
2.1 Employees should refer to Exide’s data protection privacy notices and, where appropriate, to
its other relevant policies including in relation to the information security and record retention,
which contain further information regarding the protection of personal information in those
contexts.
2.2 Exide will review and update this Policy in accordance with our data protection obligations.
This Policy does not form part of any employee’s contract of employment and we may amend,
update or supplement the Policy from time to time. We will circulate any new or modified
policy to staff when it is adopted.
3 Definitions
criminal records means personal information relating to criminal convictions and offences,
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information allegations, proceedings, and related security measures;
data breach means a breach of security leading to the accidental or unlawful destruction,
loss, alteration, unauthorised disclosure of, or access to, personal information;
data subject means the individual to whom the personal information relates;
personal
information
(sometimes known as personal data) means information relating to a data
subject who can be identified (directly or indirectly) from that information;
processing
information
means obtaining, recording, organising, storing, amending, retrieving,
disclosing and/or destroying information, or more generally using or doing
anything with it;
Pseudonymised means the process by which personal information is processed in such a way
that it cannot be used to identify a data subject without the use of additional
information, which is kept separately and subject to technical and
organisational measures to ensure that the personal information cannot be
attributed to an identifiable data subject;
sensitive personal
information
(sometimes known as ‘special categories of personal data’ or ‘sensitive
personal data’) means personal information about a data subject’s race, ethnic
origin, political opinions, religious or philosophical beliefs, trade union
membership (or non-membership), genetics information, biometric information
(where used to identify a data subject) and information concerning a data
subject’s health, sex life or sexual orientation.
4 Data protection principles
4.1 Exide will comply with the following data protection principles when processing personal
information:
4.1.1 we will process personal information lawfully, fairly and in a transparent manner;
4.1.2 we will collect personal information for specified, explicit and legitimate purposes
only, and will not process it in a way that is incompatible with those legitimate
purposes;
4.1.3 we will only process the personal information that is adequate, relevant and
necessary for the relevant purposes;
4.1.4 we will keep accurate and up to date personal information, and take reasonable steps
to ensure that inaccurate personal information are deleted or corrected without delay;
4.1.5 we will keep personal information in a form which permits identification of data
subjects for no longer than is necessary for the purposes for which the information is
processed; and
4.1.6 we will take appropriate technical and organisational measures to ensure that
personal information are kept secure and protected against unauthorised or unlawful
processing, and against accidental loss, destruction or damage.
5 Basis for processing personal information
5.1 In relation to any processing activity Exide will, before the processing starts for the first time,
and then regularly while it continues:
5.1.1 review the purposes of the particular processing activity, and select the most
appropriate lawful basis (or bases) for that processing, ie:
(a) that the data subject has consented to the processing;
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(b) that the 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;
(c) that the processing is necessary for compliance with a legal obligation to
which the Company is subject;
(d) that the processing is necessary for the protection of the vital interests of the
data subject or another natural person; or
(e) that the processing is necessary for Exide’s legitimate interests or those of
the Company or a third party, except where those interests are overridden by
the interests of fundamental rights and freedoms of the data subject—see
clause 5.2 below.
5.1.2 except where the processing is based on consent, satisfy ourselves that the
processing is necessary for the purpose of the relevant lawful basis (i.e. that there is
no other reasonable way to achieve that purpose);
5.1.3 document our decision as to which lawful basis applies, to help demonstrate our
compliance with the data protection principles;
5.1.4 include information about both the purposes of the processing and the lawful basis for
it in our relevant privacy notice(s);
5.1.5 where sensitive personal information is processed, also identify a lawful special
condition for processing that information (see paragraph 6.2.2 below), and document
it (for UK only); and
5.1.6 where criminal offence information is processed in accordance to Union or Member
State law, also identify a lawful condition for processing that information, and
document it.
5.2 When determining whether the Company’s legitimate interests are the most appropriate basis
for lawful processing, we will:
5.2.1 conduct an appropriate legitimate interests assessment (LIA) and keep a record of it,
to ensure that we can justify our decision;
5.2.2 if the LIA identifies a significant privacy impact, consider whether we also need to
conduct a data protection impact assessment (DPIA);and
5.2.3 include information about our legitimate interests in our relevant privacy notice(s).
6 Sensitive personal information
6.1 Sensitive personal information is sometimes referred to as ‘special categories of personal
data’ or ‘sensitive personal data’.
6.2 The Company may from time to time need to process sensitive personal information. We will
only process sensitive personal information if:
6.2.1 we have a lawful basis for doing so as set out in paragraph 5.1.1 above, e.g., it is
necessary for the performance of an employment contract, to comply with Exide’s
legal obligations or for the Company’s legitimate interests; and
6.2.2 one of the special conditions for processing sensitive personal information applies,
e.g.,:
(a) the data subject has given explicit consent;
(b) the processing is necessary for the purposes of exercising the employment
law rights or obligations of Exide or the data subject;
(c) the processing is necessary to protect the data subject’s vital interests, and
the data subject is physically incapable of giving consent;
(d) processing relates to personal data which are manifestly made public by the
data subject;
(e) the processing is necessary for the establishment, exercise or defence of
legal claims; or
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(f) the processing is necessary for reasons of substantial public interest.
6.3 Sensitive personal information will not be processed by Exide until:
6.3.1 the data subject has been properly informed (by way of a privacy notice or otherwise)
of the nature of the processing, the purposes for which it is being carried out and the
legal basis for it.
6.4 The Company will not carry out automated decision-making (including profiling) based on any
data subject’s sensitive personal information.
6.5 The Company’s data protection privacy notice sets out the types of sensitive personal
information that Exide processes, what it is used for and the lawful basis for the processing.
6.6 In relation to sensitive personal information, the Company will comply with the procedures set
out in paragraphs 6.7 and 6.8 below to make sure that it complies with the data protection
principles set out in paragraph 4 above.
6.7 During the recruitment process: Exide’s Human Resources Department will ensure that
(except where the law permits otherwise):
6.7.1 during the short-listing, interview and decision-making stages, no questions are asked
relating to sensitive personal information, e.g., race or ethnic origin, trade union
membership or health;
6.7.2 any completed equal opportunities monitoring form is kept separate from the data
subject’s application form, and is not be seen by the person shortlisting, interviewing
or making the recruitment decision;
6.7.3 ‘right to work’ checks are carried out before an offer of employment is made
unconditional, and not during the earlier short-listing, interview or decision-making
stages;
6.8 During employment: the Human Resources Department will process:
6.8.1 health information for the purposes of administering sick pay, keeping sickness
absence records, monitoring staff attendance and facilitating employment-related
health and sickness benefits;
6.8.2 sensitive personal information for the purposes of equal opportunities monitoring.
Where possible, this information will be anonymised; and
6.8.3 trade union membership information for the purposes of staff administration and
administering ‘check off’.
7 Criminal records information
Criminal records information will be processed in accordance with the Union or Member State
law.
8 Data protection impact assessments (DPIAs)
8.1 Where processing is likely to result in a high risk to a data subject’s data protection rights
(e.g., where Exide is planning to use a new form of technology), we will, before commencing
the processing, carry out a DPIA to assess:
8.1.1 whether the processing is necessary and proportionate in relation to its purpose;
8.1.2 the risks to data subjects; and
8.1.3 what measures can be put in place to address those risks and protect personal
information.
8.2 Before any new form of technology is introduced, the manager responsible should therefore
contact the Information Technology Department in order that a DPIA can be carried out.
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8.3 During the course of any DPIA, the Company will seek the advice and the views of any other
relevant stakeholders.
9 Documentation and records
9.1 Exide will keep written records of processing activities, including:
9.1.1 the name and details of the Exide legal entity (and where applicable, of other
controllers);
9.1.2 the purposes of the processing;
9.1.3 a description of the categories of data subjects and categories of personal data;
9.1.4 categories of recipients of personal data;
9.1.5 where relevant, details of transfers to third countries, including documentation of the
transfer mechanism safeguards in place;
9.1.6 where possible, retention schedules; and
9.1.7 where possible, a description of technical and organisational security measures.
9.2 As part of our record of processing activities we document, or link to documentation, on:
9.2.1 information required for privacy notices;
9.2.2 records of consent;
9.2.3 controller-processor contracts;
9.2.4 the location of personal information;
9.2.5 DPIAs; and
9.2.6 records of data breaches.
9.3 If we process sensitive personal information or criminal records information, we will keep
written records of:
9.3.1 the relevant purpose(s) for which the processing takes place, including (where
required) why it is necessary for that purpose;
9.3.2 the lawful basis for our processing; and
9.3.3 whether we retain and erase the personal information in accordance with our policy
document and, if not, the reasons for not following our policy.
9.4 We will conduct regular reviews of the personal information we process and update our
documentation accordingly.
10 Data subjects’ rights
10.1 Data subjects have the following rights in relation to their personal information:
10.1.1 to be informed about how, why and on what basis that information is processed—see
Exide’s [data protection privacy notice];
10.1.2 to obtain confirmation that their information is being processed and to obtain access
to it and certain other information, by making a subject access request;
10.1.3 to have data corrected if it is inaccurate or incomplete;
10.1.4 to have data erased if it is no longer necessary for the purpose for which it was
originally collected/processed, or if there are no overriding legitimate grounds for the
processing (this is sometimes known as ‘the right to be forgotten’);
10.1.5 to restrict the processing of personal information where the accuracy of the
information is contested, or the processing is unlawful; and
10.1.6 to restrict the processing of personal information temporarily where they do not think
it is accurate, or where they have objected to the processing;
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10.1.7 where legally required to set guidelines for the retention, erasure and communication
of their personal data after death.
11 Data subjects’ obligations
11.1 Individuals are responsible for helping Exide keep their personal information up to date. You
may have access to the personal information of other employees, suppliers and customers in
the course of your employment or engagement. If so, the Company expects you to help meet
its data protection obligations to those data subjects. If you have access to personal
information, you must:
11.1.1 only access the personal information that you have authority to access, and only for
authorised purposes;
11.1.2 only allow other Exide personnel to access personal information if they have
appropriate authorisation;
11.1.3 only allow individuals who are not Company personnel to access personal information
if you have specific authority to do so from the Human Resources or Legal
Departments;
11.1.4 keep personal information secure (e.g., by complying with rules on access to
premises, computer access, password protection and secure file storage and
destruction and other precautions set out in the Company’s Global Information
Security Policy);
11.1.5 not remove personal information, or devices containing personal information (or
which can be used to access it), from the Company’s premises unless appropriate
security measures are in place (such as pseudonymisation, encryption or password
protection) to secure the information and the device; and
11.1.6 not store personal information on local drives or on personal devices that are used for
work purposes.
11.2 You should contact the Human Resources Department or the Legal Department if you are
concerned or suspect that one of the following has taken place (or is taking place or likely to
take place):
11.2.1 processing of personal data without a lawful basis for its processing or, in the case of
sensitive personal information;
11.2.2 any data breach as set out in paragraph 15.1 below;
11.2.3 access to personal information without the proper authorisation;
11.2.4 personal information not kept or deleted securely;
11.2.5 removal of personal information, or devices containing personal information (or which
can be used to access it), from the Company’s premises without appropriate security
measures being in place;
11.2.6 any other breach of this policy or of any of the data protection principles set out in
paragraph 4.1 above.
12 Data subject access
12.1 A data subject may make a request (“SAR”) at any time to find out more about the personal
data which 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 and/or numerous requests, and in such cases the data subject shall be informed of
the need for the extension).
12.2 All subject access requests received must be forwarded to the the local GDPR
Correspondent.
12.3 The Company does not charge a fee for the handling of normal SARs. Exide reserves the
right to charge reasonable fees for additional copies of information that have already been
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supplied to a data subject, or for requests that are manifestly unfounded or excessive,
particularly where such requests are repetitive.
13 Information security
13.1 The Company will use appropriate technical and organisational measures to keep personal
information secure, and in particular to protect against unauthorised or unlawful processing
and against accidental loss, destruction or damage. These may include:
13.1.1 making sure that, where possible, personal information is pseudonymised or
encrypted;
13.1.2 ensuring the ongoing confidentiality, integrity, availability and resilience of processing
systems and services;
13.1.3 ensuring that, in the event of a physical or technical incident, availability and access
to personal information can be restored in a timely manner; and
13.1.4 a process for regularly testing, assessing and evaluating the effectiveness of
technical and organisational measures for ensuring the security of the processing.
13.2 Where the Company uses external organisations to process personal information on its
behalf, additional security arrangements need to be implemented in contracts with those
organisations to safeguard the security of personal information. In particular, contracts with
external organisations must provide that:
13.2.1 the organisation may act only on Exide’s written instructions;
13.2.2 those processing the data are subject to a duty of confidence;
13.2.3 appropriate measures are taken to ensure the security of processing;
13.2.4 sub-contractors are only engaged with Exide’s prior consent and under a written
contract;
13.2.5 the organisation will assist Exide in providing subject access and allowing data
subjects to exercise their rights in relation to data protection;
13.2.6 the organisation will assist Exide in meeting its obligations in relation to the security of
processing, the notification of data breaches and data protection impact
assessments;
13.2.7 the organisation will delete or return all personal information to Exide as requested at
the end of the contract;
13.2.8 the organisation will submit to audits and inspections, provide Exide with whatever
information the Company needs to ensure that both Exide and the organisation are
meeting their data protection obligations; and
13.2.9 the organisation will notify Exide immediately if it is asked to do something infringing
data protection law.
13.3 Before any new agreement involving the processing of personal information by an external
organisation is entered into, or an existing agreement is altered, the relevant staff must seek
approval of its terms by Exide’s Legal Department.
14 Storage and retention of personal information
14.1 Personal information (and sensitive personal information) will be kept securely in accordance
with the Company’s Global Information Security Policy.
14.2 Personal information (and sensitive personal information) should not be retained longer than
necessary. The length of time over which data should be retained will depend upon the
circumstances, including the reasons why the personal information was obtained. Employees
should follow the Company’s Records Retention Policy which sets out the relevant retention
period, or the criteria that should be used to determine the retention period. Where there is
any uncertainty, staff should consult the local GDPR Correspondent or the Legal Department.
15 Data breaches
15.1 A data breach may take many different forms, for example:
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15.1.1 loss or theft of data or equipment on which personal information is stored;
15.1.2 unauthorised access to or use of personal information either by a member of staff or
third party;
15.1.3 loss of data resulting from an equipment or systems (including hardware and
software) failure;
15.1.4 human error, such as accidental deletion or alteration of data;
15.1.5 unforeseen circumstances, such as a fire or flood;
15.1.6 deliberate attacks on IT systems, such as hacking, viruses or phishing scams; and
15.1.7 where information is obtained by deceiving the organisation which holds it.
15.2 The Company will:
15.2.1 make the required report of a data breach to the appropriate Supervisory Authority or
Information Commissioner’s Office (UK) without undue delay and, where possible
within 72 hours of becoming aware of it, if it is likely to result in a risk to the rights and
freedoms of data subjects; and
15.2.2 notify the affected data subjects if a data breach is likely to result in a high risk to their
rights and freedoms and notification is required by law.
16 International transfers
16.1 The Company may transfer personal information outside the European Economic Area (EEA)
(which comprises the countries in the European Union and Iceland, Liechtenstein and
Norway) to the Company’s ultimate parent company, Exide Technologies in the United States
of America on the basis that Exide Technologies is designated as having standard data
protection clauses.
17 Training
The Company will ensure that staff are adequately trained regarding their data protection
responsibilities. Individuals whose roles require regular access to personal information, or
who are responsible for implementing this policy or responding to subject access requests
under this policy, will receive additional training to help them understand their duties and how
to comply with them.
18 Consequences of failing to comply
18.1 The Company takes compliance with this policy very seriously. Failure to comply with the
policy:
18.1.1 puts at risk the data subjects whose personal information is being processed; and
18.1.2 carries the risk of significant civil and criminal sanctions for the individual and the
Company; and
18.1.3 may, in some circumstances, amount to a criminal offence by the individual.
18.2 Because of the importance of this policy, an employee’s failure to comply with any
requirement of it may lead to disciplinary action under our procedures, and this action may
result in dismissal for gross misconduct. If a non-employee breaches this policy, they may
have their contract terminated with immediate effect.
18.3 If you have any questions or concerns about anything in this policy, do not hesitate to contact
the GDPR Country Representative or the Legal Department.