1. Introduction

Quest International Users Group, Inc. (“Company,” “we” or “us”) respects individuals’ rights to their personal data. We are committed to protecting personal data we may collect through our compliance with this Personal Data Protection Policy. This Policy describes our commitment to protection of personal data from others and the rights of employees, business contacts and customers regarding their personal data. This Policy is intended to comply with the European Union’s General Data Protection Regulation (the “Regulation”) and other applicable laws.

For purposes of this Policy, we define “personal data” as any information relating to an identified or identifiable natural person (a data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

This Policy describes the procedures we follow when dealing with personal data.  This Policy applies to the Company and others when working on our behalf, such as employees, agents, contractors, and others.

2. Our Personal Data Protection Principles

The following principles apply to our collection, use, storage and dealings with personal data: We commit that personal data will be:

1. processed lawfully, fairly, and in a transparent manner in relation to the data subject;
2. collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
3. adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject; and
6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

3. Lawful, Fair, and Transparent Data Processing

We commit to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject.  We commit that at least one of the following principles will apply to our processing of personal data:

1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
2. processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
3. processing is necessary for compliance with a legal obligation to which the controller is subject;
4. processing is necessary to protect the vital interests of the data subject or of another natural person;
5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
6. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

4. Processed for Specified, Explicit and Legitimate Purposes
   1. The Company collects and processes the personal data described in Section 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us), data received from third parties such as that relating to pay and benefits (for example, insurers and benefit providers), and within datasets provided by customers including ‘data centre’ storage (for example, for the purpose of reinstating IT systems following an incident)
   2. The Company only processes personal data for the specific purposes set out in Section 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be communicated to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.

5. Adequate, Relevant and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the specific purposes communicated to data subjects as under Section 4 of this Policy.

6. Accuracy of Data and Keeping Data Up To Date

The Company will ensure that all personal data collected and processed is kept accurate and up-to-date.  The accuracy of personal data will be checked when it is collected and at regular intervals thereafter.  Where any inaccurate or out-of-date personal data is found, reasonable steps will be taken without delay to amend or erase that data, as appropriate.

7. Timely Processing

The Company will not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed.  When the personal data is no longer required, reasonable steps will be taken to erase it without delay.

8. Secure Processing

The Company will ensure that personal data collected and processed by it is kept secure and protected against unauthorized or unlawful processing and against accidental loss, destruction or damage.  Further details of the data protection and organizational measures taken by the Company are provided in Sections 22 and 23 of this Policy.

9. Accountability
   The Company’s data protection officer is Preston Gorman, 2365 Harrodsburg Road, Suite A325,

   [email protected].

   2. The Company will keep written internal records of all personal data collection, holding, and processing, which will incorporate the following information:

   (i)         The name and details of the Company, its data protection officer, and any applicable third-party data controllers;

   (ii)        The purposes for which the Company processes personal data;

   (iii)          Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates;

   (iv)          Details (and categories) of any third parties that will receive personal data from the Company;

   (v)           Details of any transfers of personal data to non-European Economic Area (“EEA”) countries including relevant mechanisms and security safeguards;

   (vi)          Details of how long personal data will be retained by the Company; and

   (vii)         Detailed descriptions of all technical and organizational measures taken by the Company to ensure the security of personal data.

    

   10. Privacy Impact Assessments

   The Company will make Privacy Impact Assessments when and as required under the Regulation.  Privacy Impact Assessments will be overseen by the Company’s data protection officer and address the following areas of importance:

   1. a) The purposes for which personal data is being processed and the processing operations to be carried out on that data;
   2. b) Details of the legitimate interests being pursued by the Company;
   3. c) An assessment of the necessity and proportionality of the data processing with respect to the purposes for which it is being processed;
   4. d) An assessment of the risks posed to individual data subjects; and
   5. e) Details of the measures in place to minimize and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation and other applicable laws.

    

   11. The Rights of Data Subjects

    

   We recognize and acknowledge the following rights of data subjects:

   1. The right to be informed;
   2. The right of access;
   3. The right to rectification;
   4. The right to erasure (also known as the ‘right to be forgotten’);
   5. The right to restrict processing;
   6. The right to data portability;
   7. The right to object; and
   8. Rights with respect to automated decision-making and profiling.

    

   12. Keeping Data Subjects Informed

    

   1. a) The Company will ensure that the following information is provided to every data subject when personal data is collected:

   (i)          Details of the Company including, but not limited to, the identity of its Data Protection Officer;

   (ii)         The purposes for which the personal data is being collected and will be processed (as detailed in Section 21 of this Policy) and the legal basis justifying that collection and processing;

   (iii)        Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;

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

   (v)        Where the personal data is to be transferred to one or more third parties, details of those parties;

   (vi)        Where the personal data is to be transferred to a third party that is located outside of the EEA, details of that transfer, including but not limited to the safeguards in place (see Section 24 of this Policy for further details concerning such third country data transfers);

   (vii)       Details of the length of time the personal data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined);

   (viii)      Details of the data subject’s rights under the Regulation;

   (ix)        Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;

   (x)        Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);

   (xi)        Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and

   (x)        Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.

   1. b) The information set out above in Section 12(a) will be provided to the data subject at the following applicable time:

   (i)          Where the personal data is obtained from the data subject directly, at the time of collection;

   (ii)        Where the personal data is not obtained from the data subject directly (i.e. from another party):

   • (A) If the personal data is used to communicate with the data subject, at the time of the first communication; or
   • (B) If the personal data is to be disclosed to another party, before the personal data is disclosed; or
   • (C) In any event, not more than one month after the time at which the Company obtains the personal data.
   13. Data Subject Access

    

   1. a) A data subject may make a Subject Access Request (“SAR”) at any time to find out more about the personal data that the Company holds about them. The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex or numerous requests, in which cases the data subject will be informed of the need for the extension).
   2. b) All subject access requests received must be forwarded to the Company’s data protection officer.
   3. c) The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
   4. Rectification of Personal Data

    

   1. a) If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete and requests that it be rectified, the personal data in question will be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, in which cases the data subject shall be informed of the need for the extension).
   2. b) In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
   3. Erasure of Personal Data

    

   1. a) Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:

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

   (ii)         The data subject withdraws their consent to the Company holding and processing their personal data;

   (iii)        The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Section 18 of this Policy for further details concerning data subjects’ rights to object);

   (iv)        The personal data has been processed unlawfully; or

   (v)        The personal data needs to be erased in order for the Company to comply with a particular legal obligation.

   1. b) Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure will be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, in which cases the data subject shall be informed of the need for the extension).
   2. c) In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties will be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
   3. Restriction of Personal Data Processing

    

   1. a) Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company will retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
   2. b) In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
   3. Data Portability

    

   1. a) The Company does not process personal data using automated means (excepting general backup and recovery management).
   2. c) Where data subjects have given their consent to the Company to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
   3. c) To facilitate the right of data portability, the Company shall endeavour to make available all applicable personal data to data subjects in a suitable format.
   4. d) Where technically feasible, if requested by a data subject, personal data shall be sent directly to another data controller.
   5. e) All requests for copies of personal data shall be complied with within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
   6. Objections to Personal Data Processing

    

   1. a) Data subjects have the right to object to the Company processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
   2. b) Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company will cease such processing promptly, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
   3. c) Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company will cease such processing promptly.
   4. d) Where a data subject objects to the Company processing their personal data for scientific or historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
   5. Automated Decision-Making

    

   1. a) In the event that the Company uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.
   2. b) The right described in Section 19(a) does not apply in the following circumstances:

   (i)          The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject;

   (ii)         The decision is authorized by law; or

   (iii)        The data subject has given their explicit consent.

   20. Profiling

    

   Where the Company uses personal data for profiling purposes, the following shall apply:

   1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;
   2. Appropriate mathematical or statistical procedures will be used;
   3. Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and
   4. All personal data processed for profiling purposes will be secured in order to prevent discriminatory effects arising out of profiling (see Sections 22 and 23 of this Policy for more details on data security).

    

   21. Personal Data

    

   The following personal data may be collected, held, and processed by the Company:

   Name, date of birth, Social Security Number or similar identification number, Medicare number or similar number, marital status, gender, ethnicity, religion, health status and information, insurance information, disability status, convictions and pending actions, financial status, income, educational information, employment and prior employment, performance and disciplinary information, payroll information, training, certification and licence information, physical addresses, telephone numbers, email addresses, credit card information, bank information, information about your internet connection, the equipment you use to access our site and usage details, and other information that may be defined as personal or personally identifiable information. This data is collected and maintained by us for sales, marketing, promotional, customer relations, membership, shipping, providing access to or delivery of our services or products, employment or human resources purposes. Data is maintained on a secure system and, in the case of employees, the Company’s payroll system.

   22. Data Protection Measures

    

   The Company will ensure wherever possible that employees, agents, contractors, or other parties working on its behalf comply with the following when working with personal data:

   1. Where any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. Hardcopies should be shredded, and electronic copies should be deleted securely.
   2. Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
   3. Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
   4. Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using a recognised recorded and signed-for carrier;
   5. No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from the Data Protection Officer.
   6. All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar;
   7. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorization of the Data Protection Officer;
   8. Personal data must be handled with care at all times and should not be left unattended or on view to unauthorized employees, agents, sub-contractors or other parties at any time;
   9. If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;
   10. No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Regulation (which may include demonstrating to the Company that all suitable technical and organizational measures have been taken);
   11. All personal data stored electronically should be backed up to a secure medium or storage location. All backups should be encrypted and password protected;
   12. All electronic copies of personal data should be stored securely using passwords and encryption;
   13. All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a strong combination of uppercase and lowercase letters, numbers, and symbols;
   14. Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Data Protection Officer to ensure that no data subjects have added their details to any marketing preference databases.

    

   23. Organizational Measures

    

   The Company will ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

   1. All employees, agents, contractors, or other parties working on behalf of the Company will be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this Policy, and will be provided with a copy of this Policy;
   2. Only employees, agents, subcontractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly will have access to personal data held by the Company;
   3. All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
   4. All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
   5. Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
   6. The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be regularly evaluated and reviewed;
   7. All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound by contract to do so in accordance with this Policy and the Regulation;
   8. All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any of their employees who are involved in the processing of personal data are held to the same conditions as those applicable to employees of the Company arising out of this Policy and the Regulation;
   9. Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy, that party must indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
   10. Transferring Personal Data to a Country Outside the EEA

    

   1. a) The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data collected from data subjects inside countries of the EEA to countries outside of the EEA.
   2. b) The transfer of such personal data to a country outside of the EEA shall take place only if one or more of the following applies:

   (i)          The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;

   (ii)         The transfer is to a country (or international organization) that provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorized by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;

   (iii)        The transfer is made with the informed consent of the relevant data subjects;

   (iv)        The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);

   (v)        The transfer is necessary for important public interest reasons;

   (vi)        The transfer is necessary for the conduct of legal claims;

   (vii)       The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or

   (viii)      The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who can show a legitimate interest in accessing the register.

    

   25. Data Breach Notification

    

   1. a) All personal data breaches must be reported immediately to the Company’s data protection officer.
   2. b) If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects located in the EU (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
   3. c) In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Section 25(b)) to the rights and freedoms of data subjects located in the EU, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
   4. d) Data breach notifications shall include the following information:

   (i)          The categories and approximate number of data subjects concerned;

   (ii)         The categories and approximate number of personal data records concerned;

   (iii)        The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);

   (iv)        The likely consequences of the breach; and

   (vi)        Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

    

   26. Implementation of Policy

    

   This Policy is effective as of May 25, 2018.  This Policy applies solely to matters occurring on or after its effective date. No part of this Policy shall have retroactive effect.

    

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