Introduction
This Data Retention Policy sets out the obligations of Super Copy Editors (“the Company”) regarding the retention of personal data collected, held, and processed by the Company, as defined in its Privacy Policy, in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and similar privacy regulations.
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.
The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.
Under the GDPR, personal data shall be kept in a form that permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and Company measures required by the GDPR to protect that data).
In addition, the GDPR includes the right to erasure or “the right to be forgotten.” Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:
- Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
- When the data subject withdraws their consent;
- When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
- When the personal data is processed unlawfully (i.e., in breach of the GDPR); or
- When the personal data has to be erased to comply with a legal obligation.
This Policy sets out the type(s) of personal data held by the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.
Aims and Objectives
The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.
In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.
Scope
This Policy applies to all personal data held by the Company and by third-party data processors processing personal data on the Company’s behalf.
Personal data held by the Company is stored in the following ways and in the following locations:
- Encrypted, password-protected electronic data stored on GDPR-compliant cloud servers
- Third-party data processors, e.g., payroll provider, accountant, etc.
- Computers, mobile devices, and physical records in the Company’s office in Brooklyn, New York, USA
- Computers and mobile devices owned by employees and independent contractors
Data Subject Rights and Data Integrity
All personal data held by the Company is held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.
Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, and further rights relating to automated decision-making and profiling.
Technical and Company Data Security Measures
The following technical measures are in place within the Company to protect the security of personal data:
- All emails containing personal data must be encrypted.
- Personal data may be transmitted only over secure networks.
- No personal data may be shared informally, and if access is required to any personal data, such access should be formally requested from Dave Baker, founder.
- All hard copies of personal data, along with any electronic copies stored on physical media, should be stored securely.
- No personal data may be transferred to any employees, contractors, vendors, or other parties, whether such parties are working on behalf of the Company or not, without authorization;
- Personal data must be handled with care at all times and should not be left unattended or on view;
- Computers used to view personal data must be locked before being left unattended;
- No personal data should be transferred to any device personally belonging to an employee, and personal data may be transferred to devices belonging to contractors or other parties working on behalf of the Company only when the party in question has agreed to comply fully with the Company’s Data Protection Policy and the GDPR.
- All personal data stored electronically must be encrypted and backed up periodically.
- All backups should be password protected.
- All passwords used to protect personal data should be secure and changed regularly.
- All software should be kept up-to-date. Security-related updates should be installed as soon as reasonably possible after becoming available.
- Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of Dave Baker, founder, or any successor in a Data Protection Lead role to ensure that the appropriate consent was obtained and that no data subjects have opted out.
- All employees, independent contractors, and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under its Data Protection Policy and the GDPR.
- Only employees, independent contractors, and other parties working on behalf of the Company who need access to, and use of, personal data to perform their work shall have access to personal data held by the Company.
- All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so and appropriately supervised.
- Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed.
- All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Data Protection Policy.
- All subcontractors or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Data Protection Policy.
- Where any subcontractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims, or proceedings that may arise out of that failure.
Data Disposal
Upon the expiration of the data retention periods set out below, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:
- Personal data stored electronically (including any and all backups thereof) shall be deleted securely.
- Personal data stored in hard copy form shall be shredded and securely disposed of.
Data Retention
As stated above, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
When establishing and/or reviewing retention periods, the following shall be taken into account:
- The objectives and requirements of the Company
- The type of personal data in question
- The purpose(s) for which the data in question is collected, held, and processed
- The Company’s legal basis for collecting, holding, and processing that data
- The category or categories of data subject to whom the data relates
If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiration of its defined retention period when a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and Company measures to protect the rights and freedoms of data subjects, as required by the GDPR.
Accounting/Financial:
| Record Description | Retention Period |
|---|---|
| Accounting records (transaction level) | 7 years |
| Accounting records (category level, year-end summary reports) | Retained for life of business |
| Canceled checks | 7 years |
| Tax records | 7 years |
HR/Employment/Independent Contractor:
| Record Description | Retention Period |
|---|---|
| Personnel records | 6 years after employment/services end |
| Contracts | 6 years after employment/services end |
| Wage/salary records (including overtime, bonuses, expenses) | 6 years after leaving |
| Employee timesheets and freelancer invoices | 3 years |
| Résumés, cover letters, and other recruitment records (unsuccessful candidates) | 1 year unless applicants are notified or records are required to defend an action |
| Team photos and bios | Until employment/services end or consent is withdrawn |
Client Data:
| Record Description | Retention Period |
|---|---|
| Client contact details, contracts, records of services, sales and marketing activity, and communications (except file attachments) | 7 years after closure of the account or last contact |
| Client project file attachments and documents | 2 years unless otherwise required contractually |
| Client logos, photos, and testimonials | Indefinitely until consent is withdrawn |
Marketing Activities:
| Record Description | Retention Period |
|---|---|
| Prospect/lead contact details in CRM (non-clients) | 3 years after last contact |
Internal Correspondence:
| Record Description | Retention Period |
|---|---|
| Internal email and files | Retained for life of business |
Data Protection:
| Record Description | Retention Period |
|---|---|
| Evidence of consent obtained | As long as the data is being processed and up to 3 years afterward |
| Records of processing activities | As required by law |
| Data Protection Impact Assessments | 3 years after the project or service ends |
| Subject Access Requests | 3 years after the closure of any such request |
Roles and Responsibilities
The Data Protection Lead is Dave Baker.
The Data Protection Lead shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection–related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation.
The Data Protection Lead shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company.
Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Lead.
Implementation of Policy
This Policy shall be deemed effective as of Jan. 7, 2023. No part of this Policy shall have a retroactive effect and shall thus apply only to matters occurring on or after this date.
Contacting Us
If you have any questions regarding the information we may hold about you or if you wish to exercise your rights, you may use the following Data Subject Access Request form to submit your request:
Submit a Data Subject Access Request
If you have any other questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:
Attn: Privacy Policy Inquiry
Super Copy Editors LLC
116 Conselyea St. #3A
Brooklyn NY 11211
Email Address: Privacy Information Request
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws.
Last updated: Jan. 7, 2023
