Data Retention Policy

1. Introduction
   This Policy sets out the obligations of Two Ears One Mouth ltd, a company registered in England under number 07109428, whose registered office is at 3 & 4 Pegasus House Pegasus Court, Olympus Avenue, Warwick, England, CV34 6LW (“the Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with the Data Protection Legislation. “Data Protection Legislation” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.
   The Data Protection Legislation 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 Data Protection Legislation 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 Data Protection Legislation, personal data shall be kept in a form which 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 organisational measures required by the Data Protection Legislation to protect that data).
   In addition, the Data Protection Legislation 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:

1. Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
2. When the data subject withdraws their consent;
3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
4. When the personal data is processed unlawfully (i.e. in breach of the Data Protection Legislation);
5. When the personal data has to be erased to comply with a legal obligation; or
6. Where the personal data is processed for the provision of information society services to a child.

This Policy sets out the type(s) of personal data held by the Company for market research purposes 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.
For further information on other aspects of data protection and compliance with the Data Protection Legislation, please refer to the Company’s Data Protection Policy.

2. Aims and Objectives

1. 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 Data Protection Legislation.
2. In addition to safeguarding the rights of data subjects under the Data Protection Legislation, 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.

3. Scope

1. This Policy applies to all personal data held by the Company for market research purposes and by third-party data processors processing personal data on the Company’s behalf.
2. Personal data, as held by the Company is stored in the following ways and in the following locations:

1. Third-party servers, operated by Dropbox Ltd.
2. Computers permanently located in the Company’s premises at Head Office
3. Laptop computers and other mobile devices provided by the Company to its employees;
4. Computers and mobile devices owned by employees, agents, and sub-contractors.

4. Data Subject Rights and Data Integrity
   All personal data held by the Company is held in accordance with the requirements of the Data Protection Legislation and data subjects’ rights there under, as set out in the Company’s Data Protection Policy.

1. Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used [as set out in Parts 15 and 16 of the Company’s Data Protection Policy], 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).
2. 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, [the right to data portability,] and further rights relating to automated decision-making and profiling [, as set out in Parts 17 to 23 of the Company’s Data Protection Policy].

5. Technical and Organisational Data Security Measures

1. The following technical measures are in place within the Company to protect the security of personal data. Please refer to Parts 25 to 29 of the Company’s Data Protection Policy for further details:

1. All emails containing personal data must be encrypted;
2. All emails containing personal data must be marked “confidential”;
3. Personal data may only be transmitted over secure networks;
4. Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;
5. Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted;
6. Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it;
7. All personal data transferred physically should be transferred in a suitable container marked “confidential”;
8. No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from a Company Director.
9. All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely;
10. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation;
11. Personal data must be handled with care at all times and should not be left unattended or on view;
12. Computers used to view personal data must always be locked before being left unattended;
13. No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise
14. All personal data stored electronically should be backed up daily with backups stored offsite. All backups should be encrypted;
15. All electronic copies of personal data should be stored securely using passwords and encryption;
16. All passwords used to protect personal data should be changed regularly and should must be secure;
17. Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
18. All software should be kept up-to-date. Security-related updates should be installed as soon as reasonably possible after becoming available;
19. No software may be installed on any Company-owned computer or device without approval;
20. Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of a Company Director to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS

2. The following organisational measures are in place within the Company to protect the security of personal data. Please refer to Part 30 of the Company’s Data Protection Policy for further details:

• All employees 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 the Data Protection Legislation and under the Company’s Data Protection Policy;
• Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order 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;
• All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;
• All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
• Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
• The performance of those employees and other parties working on behalf of the Company handling 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 Data Protection Legislation and the Company’s Data Protection Policy;
• All agents, contractors, 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 Data Protection Legislation and the Company’s Data Protection Policy;

6. Data Disposal

Upon the expiry of the data retention periods set out below in Part 7 of this Policy, 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:

1. Personal data stored electronically (including any and all backups thereof) shall be deleted;
2. Personal data stored in hardcopy form shall be shredded to P-5 standard

7. Data Retention

1. As stated above, and as required by law, 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.
2. 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.
3. 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;

4. 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.
5. Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).

8. Roles and Responsibilities

1. The Company’s Data Protection Officer is Duncan Nealon.
2. The Data Protection Officer 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 Data Protection Legislation.
3. The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods.
4. Any questions regarding this Policy, the retention of personal data, or any other aspect of Data Protection Legislation compliance should be referred to the Data Protection Officer.

9. Implementation of Policy

This Policy shall be deemed effective as of 01/09/2022. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

Signed on behalf of Two Ears One Mouth Ltd:
Duncan Nealon
Date: September 2022