IMPORTANT: Any questions about this policy should be addressed to the Data Protection Officer (DPO) by email to GDPR@barinthusbio.com 

1. Overview

1.1. We (being the Barinthus Biotherapeutics plc group of companies, referred to as “The Group” hereafter) need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. This policy sets out the things we must tell you about data protection.

1.2. We take the security and privacy of your data seriously and intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’). Following Brexit, this legislation has been considered and agreed as adequate by the EU, and so can be applied to both UK and EU individuals

1.3. This policy applies to current and former employees, workers, volunteers, apprentices and consultants. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy. You should read this policy alongside your employment contract (or contract for services) and any other notice we issue to you from time to time in relation to your data.

1.4. The Group has separate policies and privacy notices in place in respect of job applicants, customers, suppliers and other categories of data subject. Copies can be obtained from Human Resources

1.5. The Group has measures in place to protect the security of your data with our IT partner, Get Support IT Services Limited (Get Support). File data is stored on a Windows file server located in Get Support’s Eynsham Datacentre; the server is a virtual machine located on a Hypervisor with encrypted disk using Microsoft Bitlocker. The Barinthus Biotherapeutics hosted server lives in a dedicated network and is linked back to the Barinthus Biotherapeutics office via a site-to-site virtual private network (VPN). Remote users can access the server via a Multi Factored VPN. Security access to the data on the server is managed via New Technology File System permissions and active directory security groups to control access to folders. The data is backed up locally and copied offsite to Get Support’s data centre in Manchester and backups are encrypted both in transit and at reset.
Personal Data is retained for as long as needed for the specific business purpose or purposes for which it was collected. We may be required to retain Personal Data for a longer period of time by law or for other necessary business purposes. Where possible, we aim to anonymise the information or remove unnecessary identifiers from records that we may need to keep for periods beyond the specified retention period.

1.6. The Group is a ‘data controller’ for the purposes of your personal data. This means that we decide how and why we process your personal data.

1.7. This policy explains how we will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Group.

1.8. This policy does not form part of your employment contract (or contract for services, if relevant) and we may update it at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Group intends to comply with the 2018 Act and the General Data Protection Regulation (GDPR).

2. Data Protection Principles

2.1. Personal Data must be processed in accordance with the following ‘Data Protection Principles.’ It must:

• be processed fairly, lawfully and transparently;
• be collected and processed only for specified, explicit and legitimate purposes;
• be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• be accurate and kept up-to-date. Any inaccurate data must be deleted or rectified without delay;
• not be kept for longer than is necessary for the purposes for which it is processed; and
• be processed securely.

We are responsible for ensuring and demonstrating compliance with these principles.

3. How we define Personal Data

3.1. ‘Personal Data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

3.2. This policy applies to all personal data whether it is stored electronically, on paper, or in/on other materials.

3.3 This personal data might be provided to us by you, or by someone else (such as a former employer, your doctor, or a credit reference agency), or it could be created by us. It could be provided or created during the recruitment process or during the course of the employment contract (or contract for services) or after it has ended. It could be created by your manager or other colleagues.

3.4. We will collect and use the following types of personal data about you:

• Recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments.
• Your contact details and date of birth.
• The contact details for your emergency contacts.
• Your gender.
• Your marital status and family details.
• Information about your employment contract (or contract for services) including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement.
• Your bank details and information in relation to your tax status including your National Insurance number.
• Your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us.
• Information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings).
• Information relating to your performance and behaviour at work.
• Training records.
• Electronic information in relation to your use of IT systems/swipe cards/telephone systems.
• Your images (whether captured on CCTV, by photograph or video).
• Any other category of personal data which we may notify you of from time to time.

4. How we define special categories of personal data

4.1. ‘Special categories of personal data’ are types of personal data consisting of information about:

• your racial or ethnic origin;
• your political opinions;
• your religious or philosophical beliefs;
• your trade union membership;
• your genetic or biometric data;
• your health; and
• your sex life and sexual orientation.

We may hold and use any of these special categories of your personal data in accordance with the law.

5. How we define processing

5.1. ‘Processing’ means any operation which is performed on personal data such as:

• collection, recording, organisation, structuring or storing;
• adaption or alteration;
• retrieval, consultation or use;
• disclosure by transmission, dissemination or otherwise making available;
• alignment or combination; and
• restriction, destruction or erasure.

This includes processing personal data which forms part of a filing system and any automated processing.

6. How will we process your Personal Data?

6.1. We will process your personal data (including special categories of personal data) in line with our obligations under the 2018 Act.

6.2. We will use your personal data:

• for performing the employment contract (or contract for services) between us;
• for complying with any legal obligation; or
• if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 12 below.

We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

If you choose not to give us certain personal data, we may not be able to carry out some parts of the contract between us. For example, if we do not have your bank account details, we may not be able to pay you. It might also prevent us from complying with certain legal obligations and duties, such as to pay the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you may have.

7. Examples of when we might process your personal data

7.1. We have to process your personal data in various situations during your recruitment, employment (or engagement) and even following termination of your employment (or engagement).

7.2. For example

• to decide whether to employ (or engage) you;
• to decide how much to pay you, and the other terms of your contract with us;
• to check you have the legal right to work for us;
• to carry out the contract between us including, where relevant, its termination;
• to train you and review your performance;
• to decide whether to promote you;
• to decide whether and how to manage your performance, absence or conduct;
• to carry out a disciplinary or grievance investigation or procedure in relation to you or someone else;
• to determine whether we need to make reasonable adjustments to your workplace or role because of your disability;
• to monitor diversity and equal opportunities;
• to monitor and protect the security (including network security) of the Group, you, our other staff, customers and others;
• to monitor and protect the health and safety of you, our other staff, customers and third parties;
• to pay you and provide pension and other benefits in accordance with the contract between us;
• to pay tax and National Insurance;
• to provide a reference upon request from another employer;
• to pay trade union subscriptions;
• to monitor compliance by you, us and others with our policies and our contractual obligations;
• to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us;
• to answer questions from insurers in respect of any insurance policies which relate to you;
• to run our business and plan for the future;
• For the prevention and detection of fraud or other criminal offences;
• to defend the Group in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure;
• for any other reason which we may notify you of from time to time.

7.3. We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we ask for your consent to process a special category of personal data then we will explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting the DPO at GDPR@barinthusbio.com

7.4. We do not need your consent to process special categories of your personal data when we are processing it for the following purposes:

• Where it is necessary for carrying out rights and obligations under employment law.
• Where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent.
• Where you have made the data public.
• Where processing is necessary for the establishment, exercise or defence of legal claims.
• Where processing is necessary for the purposes of occupational health or for the assessment of your working capacity.

7.5. We might process special categories of your personal data for the purposes in paragraph 7.2 above which have an asterisk beside them. In particular, we will use information in relation to:

• your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities;
• your sickness absence, health and medical conditions to monitor your absence, assess your fitness for work, to pay you benefits, to comply with our legal obligations under employment law including to make reasonable adjustments and to look after your health and safety; and
• your trade union membership to pay any subscriptions and to comply with our legal obligations in respect of trade union members.

7.6. We do not take automated decisions about you using your personal data or use profiling in relation to you.

8. Sharing your personal data

8.1. Sometimes we might share your personal data with
our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests.

8.2. We require those people and companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

8.3. Legitimate Interest Activities performed by Third Parties:

• Payroll services
• Pensions
• Private Medical Insurance (US and UK)
• Tax authorities (UK, US Federal, US State as applicable)
• Banking services
• Timesheet provision
• Employee Share Options
• SAP Business Software service provision

8.4. Personal Data may be transferred between the UK and USA
For transfers of Personal Data to a third country outside the European Union (EU), European Economic Area (EEA) or in absence of an adequacy decision, within Barinthus Biotherapeutics plc, business partners and service providers, we establish the contracts containing wording which is appropriate to ensure compliance with the UK GDPR

9. How should you process personal data for the Group?

9.1. Everyone who works for, or on behalf of, the Group has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this and other relevant policies.

9.2. The Group’s Data Protection Officer is responsible for reviewing this policy and updating the Board of Directors on the Group’s data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to this person.

9.3. You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of the Group and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.

9.4. You should not share personal data informally.

9.5. You should keep personal data secure and not share it with unauthorised people.

9.6. You should regularly review and update personal data which you have to deal with for work. This includes telling us if your own contact details change.

9.7. You should not make unnecessary copies of personal data and should keep and dispose of any copies securely.

9.8. You should use strong passwords.

9.9. You should lock your computer screens when not at your desk.

9.10. Personal data should be encrypted before being transferred electronically to authorised external contacts. Standard email is encrypted only to the extent that it is password protected, so transfer should be carried out by use of Sharepoint, One Drive or Mimecast should be used

9.11. Consider anonymising data or using separate keys/codes so that the data subject cannot be identified. N.B. Clinical Trial data is already pseudonymised

9.12. Do not save personal data to your own personal computers or other devices.

9.13. Personal data should never be transferred outside the European Economic Area except in compliance with the law and authorisation of the Data Protection Officer.

9.14. You should lock drawers and filing cabinets. Do not leave paper that contains personal data lying about.

9.15. You should not take personal data away from Group’s premises without authorisation from your line manager or our Data Protection Officer.

9.16. Personal data should be shredded and disposed of securely when you have finished with it.

9.17. You should ask for help from our Data Protection Officer if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.

9.18. Any deliberate or negligent breach of this policy by you may result in disciplinary action being taken against you under our Disciplinary Policy.

9.19. It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our Disciplinary Policy and you could be dismissed.

10. How to deal with data breaches

10.1. If this policy is followed, we should not have any data breaches. But if a breach of personal data occurs (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours, where feasible.

10.2. If you are aware of a data breach you must contact the Data Protection Officer immediately and keep any evidence you have in relation to the breach.

11. Subject access requests

11.1. Data subjects can make a ‘subject access request’ (‘SAR’) to find out what information we hold about them. This request must be made in writing. If you receive a SAR you should forward it immediately to the Data Protection Officer who will coordinate a response.

11.2. To make a SAR in relation to your own personal data, you should write to the Data Protection Officer. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by up to two months.

11.3. There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request. We normally work on the basis that any request which will take more than a day to deal with is likely to be manifestly excessive, and in those circumstances we believe a reasonable charge is one working day’s salary for you.

12. Your data subject rights

12.1. You have the right to information about what personal data we process, how and on what basis as set out in this policy.

12.2. You have the right to access your own personal data by way of a SAR (see above).

12.3. You can correct any inaccuracies in your personal data by contacting the Data Protection Officer.

12.4. You have the right to request that we erase your personal data where we were not entitled under law to process it, or where it is no longer necessary to process the data for the purpose for which it was collected. You can request erasure by contacting the Data Protection Officer.

12.5. During the process of requesting that your personal data is corrected or erased, or while you are contesting the lawfulness of our processing, you can ask for the data to be used in a restricted way only. To do this, contact the Data Protection Officer.

12.6. You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.

12.7. You have the right to object if we process your personal data for the purposes of direct marketing.

12.8. You have the right to receive a copy of your personal data and, with some exceptions, to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.

12.9. With some exceptions, you have the right not to be subjected to automated decision-making.

12.10. You have the right to be notified of a data security breach concerning your personal data where that breach is likely to result in a high risk of adversely affecting your rights and freedoms

12.11. In most situations we will not rely on your consent as a lawful ground to process your data. If we do request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact the Data Protection Officer.

12.12. You have the right to complain to the Information Commissioner. You can do this by contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has more information on your rights and our obligations.