Privacy Policy

1       Introduction

In its everyday business operations, appsNmobile Solutions Limited makes use of a variety of data about identifiable individuals, including data about:

  • Current, past and prospective employees
  • Customers
  • Users of its websites
  • Subscribers
  • Other stakeholders

In collecting and using this data, the organization is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.

The purpose of this policy is to set out the relevant legislation and to describe the steps appsNmobile Solutions Limited is taking to ensure that it complies with it.

This control applies to all systems, people and processes that constitute the organization’s information systems, including board members, directors, employees, suppliers and other third parties who have access to appsNmobile’s systems.

The following policies and procedures are relevant to this document:

  • Information Classification Procedure
  • Information Labelling Procedure
  • Acceptable Use policy
  • Electronic Messaging Policy
  • Internet Acceptable Use Policy
  • Information Security Incident Response Procedure
  • Information Security Roles, Responsibilities and Authorities

2       Privacy and Personal Data Protection Policy

2.1     The Data Protection Act, 2012

The Data Protection Act, 2012 is one of the most significant pieces of legislation affecting the way that appsNmobile Solutions carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the Data Protection Act, which is designed to protect the privacy of the individual and personal data by regulating the processing of personal information, to provide the process to obtain, hold, use or disclose personal information and for related matters. It is appsNmobile’s policy to ensure that our compliance with the Data Protection Act and other relevant legislation is always clear and demonstrable.

2.2      Principles Relating to Processing of Personal Data

The Act provides standard principles that must be complied with by all who process personal information across the country and beyond. The law applies to all forms of personal data or information stored on both electronic and non-electronic platforms.

The Act is premised on the fundamental rule that all who process personal data must take into consideration the right of that individual to the privacy of his or her communications. This recognition by a data controller or processor should lead to the application of the following Eight (8) Basic Principles whiles processing such information.

  • Accountability,
  • Lawfulness of Processing,
  • Specification of Purpose,
  • Compatibility of Further Processing with Purpose Of
  • Collection,
  • Quality of Information,
  • Openness,
  • Data Security Safeguards, and,
  • Data Subject Participation.

appsNmobile Solutions must ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems. The operation of an information security management system (ISMS) that conforms to the ISO/IEC 27001 international standard is a key part of that commitment.  

2.3     Rights of the Individual

The rights of the data subjects and other specified in the Act must be supported by appropriate procedures within appsNmobile Solutions that allow required action to be taken. These consists of but not limited to:

  1. The right to be informed
  2. The right of access
  3. The right to rectification
  4. The right to erasure
  5. The right to restrict processing
  6. The right to data portability
  7. The right to object

2.4     Consent

Unless it is necessary for a reason allowable in the Data Protection Act 2012, explicit consent must be obtained from a data subject to collect and process their data. In case of children below the age of 16 parental consent must be obtained. Transparent information about our usage of their personal data must be provided to data subjects at the time that consent is obtained and their rights regarding their data explained, such as the right to withdraw consent. This information must be provided in an accessible form, written in clear language and free of charge.

If the personal data are not obtained directly from the data subject, then this information must be provided within a reasonable period after the data are obtained.

2.5     Privacy by Design

appsNmobile Solutions has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect, or process personal data will be subject to due consideration of privacy issues, including the completion of one or more privacy impact assessments.

The privacy impact assessment will include:

  • Consideration of how personal data will be processed and for what purposes
  • Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
  • Assessment of the risks to individuals in processing the personal data
  • What controls are necessary to address the identified risks and demonstrate compliance with legislation

Use of techniques such as data minimization and pseudonymisation should be considered where applicable and appropriate.

2.6     Breach Notification

It is appsNmobile’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. Where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant Data Protection Commission (DPC) will be informed within 72 hours. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security incidents.

2.7     Addressing Compliance to the Data Protection Act

The following actions are undertaken to ensure that appsNmobile Solutions always complies with the accountability principle of the Data Protection Act:

  • The legal basis for processing personal data is clear and unambiguous
  • All staff involved in handling personal data understand their responsibilities for following good data protection practice
  • Training in data protection has been provided to all staff
  • Regular reviews of procedures involving personal data are carried out
  • Privacy by design is adopted for all new or changed systems and processes
  • The following documentation of processing activities is recorded:
    • Organization name and relevant details
    • Purposes of the personal data processing
    • Categories of individuals and personal data processed
    • Categories of personal data recipients
    • Personal data retention schedules
    • Relevant technical and organisational controls in place

These actions will be reviewed on a regular basis as part of the management review process of the information security management system.