ICAS Spain supports organizations through the promotion of the health and wellbeing of their employees, whilst at the same time improving productivity and reducing absence. We have been an Employee Assistance Program (EAP) provider since 1987 and today, we are one of the major global players in the sector. We are committed to ensuring your privacy and personal information is protected
What is Data Protection Law?
Data protection law, L.O. 3/2018, from 5th December, gives individuals certain rights about the way in which their personal data is processed. If organizations do not comply with data protection law, they may be subject to sanctions and penalties imposed by the national data protection authorities and the courts. When ICAS Spain processes personal data, this activity and the personal data in question are covered and regulated by data protection law. The General Data Protection Regulation (“GDPR”) (EU) 2016/679 (“GDPR”) is a regulation in European Union law on data protection and privacy for all individuals within the European Union. It addresses the export of personal data outside the EU.
What does this mean for ICAS Spain?
ICAS Spain must take proper steps to ensure that it processes personal data in a safe and lawful manner. ICAS Spain has therefore developed policies and procedures to ensure appropriate governance and compliance with such data privacy laws, including GDPR. Such framework shall apply to all personal data processing activities conducted by ICAS Spain.
Data Protection Principles
Below is the summary of basic data protection principles that ICAS Spain must observe when it processes personal data.
Principle 1 – lawfulness of processing, fairness and transparency
- ICAS Spain will ensure that all processing is carried out in accordance with applicable laws.
- ICAS Spain will inform and explain to individuals, at the time when their personal data is collected, how their personal data will be processed.
Principle 2 – purpose limitation
- ICAS Spain will only obtain and process personal data for those purposes which are known to the individual or which are within their expectations and are relevant to ICAS Spain.
- ICAS Spain will only process personal data for specified, explicit and legitimate purposes and not further process that information in a manner that is incompatible with those purposes unless such further processing is consistent with the applicable law of the country in which the personal data was collected.
How do we collect your personal information?
We collect personal information directly from you:
- using our EAP services generally and which may be telephonically, via e-mail through the web, mobile or web applications, any other internet based application or in person;
- when you contract with ICAS Spain to provide services on our behalf or where we agree to provide services on your behalf;
- via cookies;
- through feedback forms;
- via our telephone calls with you;
- when you provide your details to us either online or offline;
- when you respond to any job advertisement or are employed by ICAS Spain.
Principle 3 – accuracy
- ICAS Spain will keep personal data accurate and up to date.
Principle 4 – data minimization
- ICAS Spain will ensure that data collected and processed is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
What personal information do we collect?
As the data controller, joint data controller and/or data processor, ICAS Spain may collect and process the following information about you:
- Personal information o Email address, telephone number – ONLY if this information is relevant to solve a case (e.g. provision of contact details of affiliate, password to open encrypted documents). Any personal information will be deleted upon case closure by which the case is totally anonymized.
- Sensitive personal information o details of your current or former physical or mental health;
- details regarding criminal offences, including alleged offences, criminal proceedings, court judgments, outcomes and sentences;
- details concerning sexual life or sexual orientation, for example marital status.
Principle 5 – limited retention of personal data
- ICAS Spain will only keep personal data for as long as is necessary for the purposes for which it is collected and further processed and to comply with our legal and regulatory obligations. The time we retain your personal information for, will differ depending on the nature of the personal information and what we do with it. In some cases, such as if there is a dispute or a legal action we may be required to keep personal information for longer.
- No personal data will be kept after case closure. The anonymized case information 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 GDPR in order to safeguard the rights and freedoms of individuals.
Principle 6 – security and confidentiality
- ICAS Spain will implement appropriate technical and organizational measures to ensure a level of security of personal data that is appropriate to the risk for the rights and freedoms of the individuals.
- ICAS Spain will ensure that providers of services to ICAS Spain also adopt appropriate and equivalent security measures.
- ICAS Spain will comply with data security breach notification requirements as required under applicable law.
- ICAS Spain will ensure that information is 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 organizational measures.
How do we use your personal information?
We use your personal information to provide you with the services you require based on your situation. So, if you have a problem, we make sure the right network of providers and specialists are in place. However, there are many other reasons why we use your personal information.
Under data protection laws we need a reason to use and process your personal information and this is called a legal basis. We have set out below the main reasons why we process your personal information and the applicable circumstances when we will do so. When the personal information we process about you is classed as sensitive personal information (such as details about your health, sexual orientation or criminal offences) we must have an additional legal ground for such processing.
- Processing is necessary for us to provide you with the services you require, such as assessing your need and setting you up as a user of the services and communicating with you.
- Where we have a legal or regulatory obligation to use such personal information, for example, when our regulators, and our data protection regulator, the Data Protection Officer (DPO) wish us to maintain certain records of any dealings with you.
- Where we need to use your personal information to establish, exercise or defend our legal rights, for example when we are faced with any legal claims or where we want to pursue any legal claims ourselves.
- Where we need to use your personal information for reasons of substantial public interest, such as investigating fraudulent or criminal activities.
- In certain instances, you may elect to use our EAP services anonymously. However, where necessary we will ask for your consent in relation to processing your sensitive personal information (such as health data) such as where you are in a safety critical role. This will be made clear when you provide your personal information. We will ask for your consent and explain why it is necessary. Without your consent in these circumstances, we may not be able to provide you with you may not be able to benefit from some of our services.
- Where you provide sensitive personal information about a third party we will ask you to confirm that the third party has provided his or her consent.
- Where we have appropriate legitimate business need to use your personal information such as maintaining our business records, developing and improving our products and services, all whilst ensuring that such business need does not interfere with your rights and freedoms and does not cause you any harm.
- Where we need to use your sensitive personal information such as health data because it is necessary for your vital interests, this being a life or death matter.
Principle 7 – rights of individuals
- ICAS Spain will adhere to the data subject rights procedure and will respond to any requests from individuals to access their personal data in accordance with applicable law.
- ICAS Spain will also deal with requests to rectify or erase inaccurate or incomplete personal data, or to cease processing personal data in accordance with the data subject rights procedure.
|The right to access your personal information||You are entitled to a copy of the personal information we hold about you and certain details of how we use it. There will not usually be a charge for dealing with these requests. Your personal information will usually be provided to you in writing, unless otherwise requested, or where you have made the request by electronic means, in which case the information will be provided to you by electronic means where possible.|
|The right to rectification||We take reasonable steps to ensure that the personal information we hold about you is accurate and complete. However, if you do not believe this is the case, please contact us and you can ask us to update or amend it.|
|The right to erasure||In certain circumstances, you have the right to ask us to erase your personal information, for example where the personal information we collected is no longer necessary for the original purpose or where you withdraw your consent. However, this will need to be balanced against other factors, for example according to the type of personal information we hold about you and why we have collected it, there may be some legal and regulatory obligations which mean we cannot comply with your request. Please note that if you withdraw your consent we may not be able to provide you with the services you have requested.|
|Right to restriction of processing||In certain circumstances, you are entitled to ask us to stop using your personal information, for example where you think that the personal information we hold about you may be inaccurate or where you think that we no longer need to process your personal information.|
|Right to data portability||In certain circumstances, you have the right to ask that we transfer any personal information that you have provided to us to another third party of your choice. Once|
transferred, the other party will be responsible for looking after your personal information.
|Right to object to direct marketing||You can ask us to stop sending you marketing messages at any time.|
|Right not to be subject to automated-decision making||None of our decisions are made automatically.|
|The right to withdraw consent||For certain uses of your personal information, we will ask for your consent. Where we do this, you have the right to withdraw your consent to further use of your personal information. Please note in some cases we may not be able to deliver the services you require if you withdraw your consent.|
|The right to lodge a complaint||You have a right to complain to the DPO at any time if you object to the way in which we use your personal information.|
You can make any of the requests set out above using the contact details contained in the policy. Please note that in some cases we may not be able to comply with your request for reasons such as our own obligations to comply with other legal or regulatory requirements. However, we will always respond to any request you make and if we can’t comply with your request, we will tell you why.
In some circumstances exercising some of these rights (including the right to erasure, the right to restriction of processing and the right to withdraw consent) will mean we are unable to continue providing you the services you have selected and may therefore result in the cancellation thereof.
Please contact our Data Protection Officer (firstname.lastname@example.org) should you wish to make a Data Subject Request. Kindly note that we will require proof of identification (passport or identity card) in case of a request for access to your personal data to confirm that you are the Data Subject.
Principle 8 – ensuring adequate protection for trans-border transfers
- ICAS International will not transfer personal data to third parties outside European Economic Area (“EEA”) without ensuring adequate protection.
Who do we share your personal information with?
Notwithstanding the above, as ICAS Spain is part of a group of undertakings, your personal data may be transmitting within the group of undertakings for internal administrative purpose on the basis of the legitimate interest admitted by the Whereas 48 of the GDPR.
Principle 9 – safeguarding the use of sensitive personal data
- ICAS International will only process sensitive personal data where an individual elects to disclose same, alternatively where ICAS International has a legitimate basis for doing so, consistent with the applicable law of the country in which the personal data was collected.
- Additional security measures and safeguards will be implemented to ensure that this sensitive personal data remains confidential and that it is deleted as soon as is reasonably possible.
Legally Binding Effect of This Policy
ICAS International and its employees that process personal data must comply with, and respect, this Policy when processing personal data as a controller and / or processor, irrespective of the country in which they are located.
ICAS International reserves the right to change, modify or update this Policy at any time. Please review it frequently for any update.
Contact Details of DPO
If you have any questions regarding the provisions of this Policy, your rights under this Policy or any other data protection issues, you can contact ICAS International’s Data Privacy Office at the address below who will either deal with the matter or forward it to the appropriate person or department within ICAS International.
Attention: Lindsay West – Group Data Privacy Officer Email: email@example.com
Address: ICAS International Holdings Ltd, 85 Gresham Street, London, EC2V 7NQ. To log a Data Subject Access Request, please use our online form
- “ICAS International” includes ICAS International Holdings including ICAS Gulf (branch) and ICAS Spain (affiliated subsidiary) and designated third party’s (“Group Members”).
- “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “Personal data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- “Sensitive personal data” means as “special categories of personal data” as set out in Article 9. These categories are broadly the same as those in the DPA, but there are some minor changes. For example, the special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Personal data relating to criminal convictions and offences are not included, but similar extra safeguards apply to its processing.
- For the purpose of this Policy reference to Europe means the EEA and Switzerland.
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