Welcome! We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Mishon Limited So please read them carefully. By using Mishon or any of our other products or services that link to these Terms (we refer to these collectively as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
1. Who Can Use the Services No one under 13 is allowed to create an account or use the Services unless their account is set up and monitored by a parent. This account is only allowed to operate in a private setting. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that: • You can form a binding contract with Mishon Limited. • You are not a person who is barred from receiving the Services under the laws of Ireland or any other applicable jurisdiction— including, for example, that you do not appear on the Irish Governments list of Specially Designated Nationals or face any other similar prohibition. • You are not a convicted sex offender. • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. Rights We Grant You Mishon Limited grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our community guidelines allow. The Services include Mishon crates, which allows you to locate a augmented reality crate around you daily. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. We call Story submissions that are set to be viewable by Everyone as well as content you submit to crowd-sourced Services, including Our Story, “Public Content.” For all content you submit to the Services other than Public Content, you grant Mishon Limited and our affiliates a worldwide, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For Public Content, you grant Mishon Limited, our affiliates, and our business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Public Content, you also grant Mishon Limited, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Mishon Limited, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Mishon application or on one of our business partner’s platforms. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. The Services may contain advertisements. In consideration for Mishon letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
4. The Content of Others Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although Mishon Limited reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot— and do not—take responsibility for any content that others provide through the Services. Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services, or that our users’ use of our Services, will always conform to our Terms or Guidelines.
6. Respecting Others’ Rights Mishon Limited respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that: • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. • bullies, harasses, or intimidates. • defames. • spams or solicits our users. You must also respect Mishon Limited rights and adhere to the brand guidelines published by Mishon Limited. You may not do any of the following (or enable anyone else to do so): • use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials used in our Services • violate or infringe Mishon Limited copyrights, trademarks, or other intellectual property rights. • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. • use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent. In short: You may not use the Services or the content on the Services in ways that are not authorised by these Terms. Nor may you help anyone else in doing so.
7. Respecting Copyright Mishon Limited honours copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Mishon Limited becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent: Mishon Limited Attn: Copyright Agent The Pink House, Kells, kilkenny, Ireland email: firstname.lastname@example.org Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, please email email@example.com • contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner. • identify the copyrighted work claimed to have been infringed. • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material. • provide your contact information, including your address, telephone number, and an email address. • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law. • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner. •
8. Safety We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that: • You will not use the Services for any purpose that is illegal or prohibited in these Terms. • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information. • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. • You will not use or attempt to use another user’s account, username, or password without their permission. • You will not solicit login credentials from another user. • You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence. • You will not upload viruses or other malicious code or otherwise compromise the security of the Services. • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access. • You will not probe, scan, or test the vulnerability of our Services or any system or network. • You will not encourage or promote any activity that violates these Terms. We also deeply care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Mishon and drive. And never put yourself or others in harm’s way just to capture a Mishon. Please take all precautions when collection daily crates or challenge cards. By agreeing to our terms and conditions you agree to indemnify Mishon Limited, Mishon management, it’s employees and affiliates from any injury or harm caused while using any of our services.
9. Your Account You are responsible for any activity that occurs in your Mishon account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense: • You will not create more than one account for yourself. • You will not create another account if we have already disabled your account, unless you have our written permission to do so. • You will not buy, sell, rent, or lease access to your Mishon account, points, a Mishon username, or a friend link without our written permission. • You will not share your password. • You will not log in or attempt to access the Services through unauthorised third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to firstname.lastname@example.org
10. Data Charges and Mobile Phones You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. If you change or deactivate the mobile phone number that you used to create a Mishon account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
11. Third-Party Services If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Mishon Limited is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
12. Modifying the Services and Termination We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Mishon user, you can terminate these Terms at any time and for any reason by deleting your account. Mishon Limited may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Mishon Limited continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the Terms.
13. Indemnity You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Mishon Limited, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
14. Disclaimers We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE MISHON LIMITED ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. MISHON LIMITED TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH MISHON LIMITED WILL BE RESPONSIBLE FOR.
15. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISHON LIMITED AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MISHON LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MISHON LIMITED AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF 100 EURO OR THE AMOUNT YOU PAID MISHON LIMITED IF ANY, IN THE LAST 12 MONTHS.
16. Arbitration PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND MISHON LIMITED TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. • Applicability of Arbitration Agreement. You and Mishon Limited agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Mishon Limited are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
17. Exclusive Venue To the extent that these Terms allow you or Mishon Limited to initiate litigation in a court, both you and Mishon Limited agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in Ireland under Irish law.
18. Severability If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
19. Additional Terms for Specific Services Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
Contact Us Mishon Limited welcomes comments, questions, concerns, or suggestions. Please contact us by email@example.com Mishon Limited is located in Ireland at The Pink house, Kells, Kilkenny, Ireland.
4.1. Who are we? Mishon Limited is an organisation set up to manage the Mishon adventure app globally. Our DPO and data protection representatives can be contacted directly here: • ● Email: firstname.lastname@example.org • ● Tel: 0863179000 • The type of data we collect from you includes: Personal Data Type Source First name Sign-up page Last name Sign-up page Email address Sign-up page Phone number Sign-up page The personal data we collect will be used for the following purposes: • ● Allowing you to access Mishon • ● Allowing you to access software purchased directly or by Mishon• Our legal basis for processing for the personal data include ‘consent’ (the individual has given clear consent for you to process their personal data for a specific purpose) and ‘contract’ (the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract). •
4.2. Consent By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for Mishon limited to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used. You may withdraw consent at any time.
4.3. Retention period Mishon Limited will process personal data for as long as required by their approved third parties and any direct services provided to individuals. Mishon will only store the personal data for the retention period in line with the requirements of GDPR.
4.4. Your rights as a data subject At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights: Right of access – you have the right to request a copy of the information that we hold about you. Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records. Right to restriction of processing – where certain conditions apply to have a right to restrict the processing. Right of portability – you have the right to have the data we hold about you transferred to another organisation. Right to object – you have the right to object to certain types of processing such as direct marketing. Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.Right to judicial review: in the event that Organisation Name refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 3.6 below. All of the above requests will be forwarded on should there be a third party
4.5. Complaints In the event that you wish to make a complaint about how your personal data is being processed by Mishon Limited (or third parties as described), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Mishon Limited data protection DPO.
5. Online privacy statement Personal data Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: “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”.
How we use your information This privacy notice tells you how we, Mishon Limited, will collect and use your personal data
Why does Mishon Limited need to collect and store personal data? Mishon collects your personal information so that we can provide you with the Service and any related services you may request. In doing so, Mishon may use the personal information we have collected from you for purposes related to the Services including to: • ● verify your identity, • ● administer the Service, • ● notify you of new or changed services offered in relation to the Service, • ● carry out marketing or training relating to the Service, • ● assist with the resolution of technical support issues or other issues relating to the Service, • ● comply with laws and regulations in applicable jurisdictions, and • ● communicate with you. By using the Service, you consent to your personal information being collected, held and used in this way and for any other use you authorise. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy. •
Will Mishon share my personal data with anyone else? We may pass your personal data on to third-party service providers contracted to Mishon Limited in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf or on behalf of a school. When they no longer need your data to fulfil this service, they will dispose of the details in line with Mishon Limited procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise. •
How will Mishon Limited use the personal data it collects about me? Mishon Limited will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Mishon Limited is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.
Under what circumstances will Mishon Limited contact me? Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
Mishon can aggregate your non-personally identifiable data By using the Service, You agree that Mishon can access, aggregate and use non-personally identifiable data Mishon has collected from you. This data will in no way identify you or any other individual. Mishon may use this aggregated non-personally identifiable data to: • ● assist us to better understand how our customers are using the Service, • ● provide our customers with further information regarding the uses and benefits of the Service, • ● enhance school productivity, including by creating useful school insights from that aggregated data and allowing you to benchmark performance against that aggregated data, and • ● otherwise to improve the Service. •
Can I find out the personal data that the organisation holds about me? Mishon Limited at your request, can confirm what information we hold about you and how it is processed. If Mishon Limited does hold personal data about you, you can request the following information: • ● Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU. • ● Contact details of the data protection officer, where applicable. • ● The purpose of the processing as well as the legal basis for processing. • ● If the processing is based on the legitimate interests of Mishon Limited or a third party, information about those interests. • ● The categories of personal data collected, stored and processed. • ● Recipient(s) or categories of recipients that the data is/will be disclosed to. • ● If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information. • ● How long the data will be stored. • ● Details of your rights to correct, erase, restrict or object to such processing. • ● Information about your right to withdraw consent at any time. • ● How to lodge a complaint with the supervisory authority. • ● Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data. • ● The source of personal data if it wasn’t collected directly from you. • ● Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
What forms of ID will I need to provide in order to access this? Mishon Limited accepts the following forms of ID when information on your personal data is requested: • ● Passport • ● Driving licence • ● Birth certificate Copyright © 2020 Mishon Limited. All rights reserved. Page 7 of 7
DATA PROTECTION POLICY MISHON LIMITED 1. Introduction • Background to the General Data Protection Regulation (‘GDPR’) The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent. • 1.2. Definitions used by the organisation (drawn from the GDPR) Material scope (Article 2) – the GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system. Territorial scope (Article 3) – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behaviour of data subjects who are resident in the EU. • 1.3. Article 4 definitions Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities. Personal data – 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. Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. Data subject – any living individual who is the subject of personal data held by an organisation. Processing – 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. Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behaviour. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual. Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject. Data subject consent – means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data. Child – the GDPR defines a child as anyone under the age of 16 years [A1] old, although this may be lowered to 13 by Member State law. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child. Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
2. Policy statement • 2.1. The management of Mishon Limited, The Pink House, Kells, Kilkenny are committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information Mishon Limited collects and processes in accordance with the General Data Protection Regulation (GDPR). • 2.2. Compliance with the GDPR is described by this policy and other relevant policies such as the Information Security Policy, along with connected processes and procedures. • 2.3. The GDPR and this policy apply to all of Mishon Limited personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organisation processes from any source. • 2.4. Mishon Limited has established objectives for data protection and privacy. • 2.5. Data Protection Officer (DPO) is responsible for reviewing the register of processing annually in the light of any changes to Mishon limited activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register [A4] needs to be available on the supervisory authority’s request. • 2.6. This policy applies to all Staff and interested parties of Mishon limited such as outsourced suppliers. Any breach of the GDPR or this PIMS will be dealt with under Mishon Limited disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities. • 2.7. Partners and any third parties working with or for Mishon Limited, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by Mishon Limited without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which Mishon Limited is committed, and which gives Mishon Limited the right to audit compliance with the agreement.
Responsibilities and roles under the General Data Protection Regulation • 3.1. Mishon Limited is a data controller and data processor under GDPR. • 3.2. Management and all those in managerial or supervisory roles throughout Mishon Limited are responsible for developing and encouraging good information handling practices within Mishon Limited; responsibilities are set out in individual job descriptions. • 3.3. Data Protection Officer (DPO), a role specified in the GDPR, should be a member of the senior management team, is accountable to Board of Directors of Mishon Limited for the management of personal data within Mishon Limited and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes: • 3.3.1. development and implementation of the GDPR as required by this policy; and • 3.3.2. security and risk management in relation to compliance with the policy. • 3.4. Data Protection Officer (DPO), who Management considers to be suitably qualified and experienced, has been appointed to take responsibility for Mishon Limited compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that Mishon Limited complies with the GDPR, as do Manager’s in respect of data processing that takes place within their area of responsibility. • 3.5. The Data Protection Officer (DPO) have specific responsibilities in respect of procedures such as the Subject Access Request Procedure and are the first point of call for Staff seeking clarification on any aspect of data protection compliance. • 3.6. Compliance with data protection legislation is the responsibility of all Staff of Mishon Limited who process personal data. • 3.7. Staff of Mishon Limited are responsible for ensuring that any personal data about them and supplied by them to Mishon Limited is accurate and up-to-date.
Data protection principles All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. Mishon Limited policies and procedures are designed to ensure compliance with the principles. 4.1. Personal data must be processed lawfully, fairly and transparently Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent. Fairly – in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources. The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement. Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language. The specific information that must be provided to the data subject must, as a minimum, include: • 4.1.1. the identity and the contact details of the controller and, if any, of the controller’s representative; • 4.1.2. the contact details of the Data Protection Officer (DPO); • 4.1.3. the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; • 4.1.4. the period for which the personal data will be stored; • 4.1.5. the existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected; • 4.1.6. the categories of personal data concerned; • 4.1.7. the recipients or categories of recipients of the personal data, where applicable; • 4.1.8. where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data; • 4.1.9. any further information necessary to guarantee fair processing. • 4.2. Personal data can only be collected for specific, explicit and legitimate purposes Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of Mishon Limited GDPR register of processing. • 4.3. Personal data must be adequate, relevant and limited to what is necessary for processing 4.3.1. The Data Protection Officer (DPO) is responsible for ensuring that Mishon Limited does not collect information that is not strictly necessary for the purpose for which it is obtained. • 4.3.2. All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be include a fair processing statement or link to privacy statement. • 4.3.3. The Data Protection Officer (DPO) will ensure that, on an annual basis all data collection methods are reviewed by internal audit to ensure that collected data continues to be adequate, relevant and not excessive. Personal data must be accurate and kept up to date with every effort to erase or rectify without delay • 4.4.1. Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate. • 4.4.2. The Data Protection Officer (DPO) is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it. • 4.4.3. It is also the responsibility of the data subject to ensure that data held by Mishon Limited is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission. • 4.4.4. Staff/customers should be required to notify Mishon Limited of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of Mishon Limited to ensure that any notification regarding change of circumstances is recorded and acted upon. • 4.4.5. The Data Protection Officer (DPO) is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors. • 4.4.6. On at least an annual basis, the Data Protection Officer (DPO) will review the retention dates of all the personal data processed by Mishon Limited, by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose. This data will be securely deleted/destroyed. • 4.4.7. The Data Protection Officer (DPO) is responsible for responding to requests for rectification from data subjects within one month. This can be extended to a further two months for complex requests. If Mishon Limited decides not to comply with the request, the Data Protection Officer (DPO) must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy. • 4.4.8. The Data Protection Officer (DPO) is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-of-date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required. Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing. • 4.5.1. Where personal data is retained beyond the processing date, it will be minimised/encrypted/pseudonymised in order to protect the identity of the data subject in the event of a data breach.. • 4.5.2. The Data Protection Officer (DPO) must specifically approve any data retention that exceeds the retention periods, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written. Personal data must be processed in a manner that ensures the appropriate security The Data Protection Officer (DPO) will carry out a risk assessment taking into account all the circumstances of Mishon Limited controlling or processing operations. In determining appropriateness, the Data Protection Officer (DPO) should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on Mishon Limited itself, and any likely reputational damage including the possible loss of customer trust. When assessing appropriate technical measures, the Data Protection Officer (DPO) will consider the following: • ● Password protection; • ● Automatic locking of idle terminals; • ● Removal of access rights for USB and other memory media; • ● Virus checking software and firewalls; • ● Role-based access rights including those assigned to temporary staff; • ● Encryption of devices that leave the organisations premises such as laptops; • ● Security of local and wide area networks; • ● Privacy enhancing technologies such as pseudonymisation and anonymisation; • ● Identifying appropriate international security standards relevant to Mishon Limited When assessing appropriate organisational measures the Data Protection Officer (DPO) will consider the following: The appropriate training levels throughout Mishon Limited; Measures that consider the reliability of employees (such as references etc.); • ● The inclusion of data protection in employment contracts; • ● Identification of disciplinary action measures for data breaches; • ● Monitoring of staff for compliance with relevant security standards; • ● Physical access controls to electronic and paper based records; • ● Adoption of a clear desk policy; • ● Storing of paper based data in lockable fireproof cabinets; • ● Restricting the use of portable electronic devices outside of the workplace; • ● Restricting the use of employee’s own personal devices [A18] being used in the workplace; • ● Adopting clear rules about passwords; • ● Making regular backups of personal data and storing the media off-site; • ● The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA. These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed. 4.7. The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability) The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility. The [A20] Mishon Limited will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.
5. Data subjects’ rights 5.1. Data subjects have the following rights regarding data processing, and the data that is recorded about them: • 5.1.1. To make subject access requests regarding the nature of information held and to whom it has been disclosed. • 5.1.2. To prevent processing likely to cause damage or distress. • 5.1.3. To prevent processing for purposes of direct marketing. • 5.1.4. To be informed about the mechanics of automated decision-taking process that will significantly affect them. • 5.1.5. To not have significant decisions that will affect them taken solely by automated process. • 5.1.6. To sue for compensation if they suffer damage by any contravention of the GDPR. • 5.1.7. To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data. • 5.1.8. To request the supervisory authority to assess whether any provision of the GDPR has been contravened. • 5.1.9. To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller. • 5.1.10. To object to any automated profiling that is occurring without consent. Mishon Limited ensures that data subjects may exercise these rights: • 5.2.1. Data subjects may make data access requests and Mishon Limited will ensure that its response to the data access request complies with the requirements of the GDPR. • 5.2.2. Data subjects have the right to complain to Mishon Limited related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled.
6. Consent • 6.1. Mishon Limited understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time. • 6.2. Mishon Limited understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing. • 6.3. There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation. • 6.4. In most instances, consent to process personal and sensitive data is obtained routinely by Mishon Limited using standard consent documents e.g. when a new client signs a contract, or during induction for participants on programmes. • 6.5. Where Mishon Limited provides online services to children, parental or custodial authorisation must be obtained or have been obtained by the parent. This requirement applies to children under the age of 13.
7. Security of data • 7.1. All Staff are responsible for ensuring that any personal data that Mishon Limited holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by Mishon Limited to receive that information and has entered into an agreement. • 7.2. All personal data should be accessible only to those who need to use it. All personal data should be treated with the highest security and must be kept: • ● in a lockable room with controlled access; and/or • ● in a locked drawer or filing cabinet; and/or • ● if computerised, password protected in line with corporate requirements); and/or • ● stored on (removable) computer media which are encrypted in line with Secure Disposal of Storage Media. • 7.3. Care must be taken to ensure that computer screens and terminals are not • visible except to authorised Staff of Mishon Limited • 7.4. Manual records may not be left where they can be accessed by unauthorised • personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving. • 7.5. Manual records that have reached their retention date are to be shredded and disposed. Hard drives of redundant PCs are to be removed and immediately destroyed before disposal. • 7.6. Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorised to process data off-site
8. Disclosure of data • 8.1. Mishon Limited must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Staff should exercise caution when asked to disclose personal data held on another individual to a third party. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of Mishon Limited business. • 8.2. All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the Data Protection Officer (DPO).
9. Retention and disposal of data • 9.1. Mishon Limited shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected. • 9.2. Mishon Limited may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject. • 9.3. Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby protecting the “rights and freedoms” of data subjects.
•• Information asset register/data inventory • 11.1. Mishon Limited has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project. Mishon Limited data inventory and data flow determines: • ● business processes that use personal data; • ● source of personal data; • ● volume of data subjects; • ● description of each item of personal data; • ● processing activity; • ● maintains the inventory of data categories of personal data processed; • ● documents the purpose(s) for which each category of personal data is used; • ● recipients, and potential recipients, of the personal data; • ● the role of the Organisation Name throughout the data flow; • ● key systems and repositories; • ● any data transfers; and • ● all retention and disposal requirements. • 11.2. Mishon Limited is aware of any risks associated with the processing of particular types of personal data. • 11.2.1. Mishon Limited assesses the level of risk to individuals associated with the processing of their personal data. Data protection impact assessments (DPIAs) are carried out in relation to the processing of personal data by Mishon Limited, and in relation to processing undertaken by other organisations on behalf of Mishon Limited. • 11.2.2. Mishon Limited shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy. • 11.2.3. Where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, Mishon Limited shall, prior to the processing, carry out a DPIA of the impact of the envisaged processing operations on the protection of personal data. A single DPIA may address a set of similar processing operations that present similar high risks. • 11.2.4. Where, as a result of a DPIA it is clear that Mishon Limited is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether or not Mishon Limited Ltd may proceed must be escalated for review to the Data Protection Officer (DPO). • 11.2.5. The Data Protection Officer (DPO) shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority. • Copyright © 2020 Mishon Limited. All rights reserved. Page 15 of 15
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