Data Protection Policy

Etch is committed to processing data in accordance with its responsibilities under the GDPR.

Article 5 of the GDPR (General Data Protection Regulation) requires that personal data shall be:

• processed lawfully, fairly and in a transparent manner in relation to individuals;
• collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
• adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
• accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
• kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as 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 the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
• processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

This policy applies to all personal data processed by Etch.

The staff listed under Responsibility take responsibility for the Etch’s ongoing compliance with this policy.

This policy shall be reviewed every 12 months.

Etch shall maintain its registration with the Information Commissioner’s Office as an organisation that processes personal data.

This policy covers Etch’s obligations as a data controller. Where Etch processes personal data on behalf of a client, Etch acts as a data processor and its obligations are set out in the Data Processing Agreement signed with that client.

To ensure its processing of data is lawful, fair and transparent, the Etch shall maintain a Register of Systems.

The Register of Systems shall be reviewed at least annually.

Individuals have the right to access their personal data and any such requests made to Etch shall be dealt with in a timely manner.

All data processed by Etch must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).

Etch shall note the appropriate lawful basis in the Register of Systems.

Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.

Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Etch’s systems.

Where legitimate interests is relied upon, Etch shall record a balancing assessment in the Register of Systems.

Etch shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

Etch shall take reasonable steps to ensure personal data is accurate.

Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

Etch processes personal data using established third-party service providers, including Google Workspace, Microsoft Teams, Notion, Basecamp, Front, Linear, Figma, Sentry, Backblaze, and DigitalOcean. The current list is maintained in the Register of Systems.

A Data Processing Agreement shall be in place with each provider before personal data is shared.

Where personal data is transferred outside the United Kingdom, Etch shall ensure an appropriate safeguard is in place. Etch shall rely on UK adequacy regulations, the UK Extension to the EU-US Data Privacy Framework, the International Data Transfer Agreement, or the UK Addendum to the EU Standard Contractual Clauses, as applicable. The safeguard relied upon for each provider shall be recorded in the Register of Systems.

Personal data shall be retained only for as long as necessary for the purpose for which it was collected, or as required by law. Retention periods for each category of data are recorded in the Register of Systems. At the end of the retention period, personal data shall be deleted or anonymised.

Data subjects have the right to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object, and rights in relation to automated decision-making.

Requests shall be acknowledged on receipt and responded to within one calendar month. The response period may be extended by up to two further months for complex or numerous requests.

Requests should be sent to [email protected].

A personal data breach is any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.

Staff who suspect a breach shall report it to the staff listed under Responsibility without delay.

Where a breach is likely to result in a risk to the rights and freedoms of individuals, Etch shall notify the ICO within 72 hours of becoming aware. Where a breach is likely to result in a high risk to individuals, those individuals shall be notified without undue delay.

All breaches shall be recorded, whether or not they are notifiable.

Etch shall apply appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage.