Data Protection Policy
1. Policy Statement 1
2. About this Policy 1
3. Definition of Data Protection Terms 2
4. Data Protection Principles (GDPR) 3
5. Fair, Lawful and Transparent Processing 4
6. Processing for Limited Purposes 4
7. Notifying Data Subjects 5
8. Collection for Specified, Explicit and Legitimate Purposes
9. Adequate, Relevant and Non-Excessive Processing 6
10. Accurate Data 6
11. Storage Limitation 6
12. Data Security 6
13. Transferring Personal Data to a Country Outside the EEA
14. Disclosure and Sharing of Personal Information 8
15. Dealing with Subject Access Requests 8
16. Changes to this Policy 9
APPENDIX 1: Data Processing Activities 10
APPENDIX 2: Conditions for Processing Personal Data 11
APPENDIX 3: Conditions for Processing Special Categories of Personal Data
APPENDIX 4: Rights of Data Subjects 13
APPENDIX 5: European Economic Areas & the US 14
1. POLICY STATEMENT
1.1 Everyone has rights with regard to the way in which their personal data is
handled. During the course of our activities we will collect, store and process
personal data about our staff, customers, suppliers and other third parties,
and we recognise that the correct and lawful treatment of this data will
maintain confidence in the organisation and will provide for successful
1.2 Data users are obliged to comply with this policy when processing personal
data on our behalf. Any breach of this policy may result in disciplinary action.
1.3 This policy has been drafted in line with the General Data Protection
2. ABOUT THIS POLICY
2.1 The types of personal data that Swansea City AFC may be required to handle
include information about employees, current, past and prospective suppliers
and customers and others that we communicate with. The personal data,
which may be held on paper or on a computer or other media, is subject to
certain legal safeguards specified in the General Data Protection Regulations
(“the GDPR”) (and whilst still in force and until repeal and replacement the
Data Protection Act 1998 (“the Act”)) and other associated regulations.
2.2 This policy and any other documents referred to in it sets out the basis on
which we will process any personal data we collect from data subjects, or that
is provided to us by data subjects or other sources.
2.3 This policy does not form part of any employee's contract of employment and
may be amended at any time.
2.4 This policy sets out rules on data protection and the legal conditions that must
be satisfied when we obtain, handle, process, transfer and store personal
(a) The Chairman, Huw Jenkins, has ultimate responsibility for ensuring
that Swansea City AFC meets its legal obligations in respect of data
protection. However, the Chief Finance Officer, Gareth Davies,
oversees data protection day to day.
(b) The Data Protection Officer, Rebeca Storer, is responsible for:
(i) Reviewing all data protection policies and procedures
(ii) Keeping the board and senior management updated with all
data protection responsibilities, risks and issues.
(iii) Arranging data protection training and guidance
(iv) Handling any data protection questions and queries
(v) Dealing with subject access requests and data breach
(vi) Ensuring all company processing operations are sufficiently
secure and compliant with all legislation
(vii) Ensuring accuracy and integrity of data
(c) Staff are responsible for ensuring that they handle data as set out in
this policy and the Data Security Policy, reading guidance notes
distributed to them and ensuring they understand the requirements
therein and that they make themselves fully accountable for their
3. DEFINITION OF DATA PROTECTION TERMS
3.1 Data is information which is stored electronically, on a computer, or in certain
paper-based filing systems.
3.2 Data subjects for the purpose of this policy include all living individuals about
whom we hold personal data. A data subject need not be a UK national or
resident. All data subjects have legal rights in relation to their personal
3.3 Personal data means 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, biometric,
genetic, mental, economic, cultural or social identity of that natural person;
3.4 Data controllers are the people who or organisations which determine the
purposes for which, and the manner in which, any personal data is
processed. They are responsible for establishing practices and policies in line
with the GDPR. We are the data controller of all personal data used in our
business for our own commercial purposes.
3.5 Data users are those of our employees whose work involves processing
personal data. Data users must protect the data they handle in accordance
with this data protection policy and any applicable data security procedures at
3.6 Data processors include any person or organisation that is not a data user
that processes personal data on our behalf and on our instructions.
Employees of data controllers are excluded from this definition but it could
include suppliers which handle personal data on Swansea City AFC’s behalf.
3.7 Processing is any activity that involves use of the data. It includes obtaining,
recording or holding the data, or carrying out any operation or set of
operations on the data including organising, amending, retrieving, using,
disclosing, erasing or destroying it. Processing also includes transferring
personal data to third parties.
3.8 Special Categories of Personal Data includes information about a person's
racial or ethnic origin, political opinions, religious or similar beliefs, trade union
membership, physical or mental health or condition or sexual life, or about the
commission of, or proceedings for, any offence committed or alleged to have
been committed by that person, the disposal of such proceedings or the
sentence of any court in such proceedings. Special Categories of Personal
Data can only be processed under strict conditions, including a condition
requiring the express permission of the person concerned.
4. DATA PROTECTION PRINCIPLES (GDPR)
Article 5 of the GDPR requires that personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to
(b) 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;
(c) adequate, relevant and limited to what is necessary in relation to the
purposes for which they are processed;
(d) accurate and, where necessary, kept up to date; every reasonable step
must be taken to ensure that personal data that is inaccurate, having regard
to the purposes for which they are processed, are erased or rectified without
(e) kept in a form which permits identification of data subjects for no longer
than is necessary for the purposes for which the personal data is 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
implementation of the appropriate technical and organisational measures
required by the GDPR in order to safeguard the rights and freedoms of
(f) 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.
5. FAIR, LAWFUL AND TRANSPARENT PROCESSING
5.1 The GDPR is not intended to prevent the processing of personal data, but to
ensure that it is done fairly and without adversely affecting the rights of the
5.2 For personal data to be processed lawfully, they must be processed on the
basis of one of the legal grounds set out in the GDPR. These include, among
other things, the data subject's consent to the processing, or that the
processing is necessary for the performance of a contract with the data
subject, for the compliance with a legal obligation to which the data controller
is subject, or for the legitimate interest of the data controller or the party to
whom the data is disclosed. When a special category of personal data is
being processed, additional conditions must be met. When processing
personal data as data controllers in the course of our business, we will ensure
that those requirements are met.
5.3 To ensure fair and transparent processing of personal data we, as the data
controller, shall provide the data subject with the following information:
(a) The period of time that the data will be stored;
(b) The right to rectification, erasure, restriction, objection;
(c) The right to data portability;
(d) The right to withdraw consent at any time;
(e) The right to lodge a complaint with a supervisory authority;
(f) The consequences of the data subject failure to provide data;
(g) The existence of automated decision-making and the anticipated
consequences for the data subject.
6. PROCESSING FOR LIMITED PURPOSES
6.1 In the course of our business, we collect and process the personal data set
out in Appendix 1. This data will include data we receive directly from a data
subject (for example, by completing forms or by corresponding with us by
mail, phone, email or otherwise) and data we receive from other sources
(including, for example, business partners, sub-contractors in technical,
payment and delivery services, credit reference agencies and others).
6.2 We will only process personal data for the specific purposes set out in
Appendix 1 or for any other purposes specifically permitted by the GDPR. We
will notify those purposes to the data subject when we first collect the data or
as soon as possible thereafter.
7. NOTIFYING DATA SUBJECTS
7.1 If we collect personal data directly from data subjects, we will inform them
(a) The purpose or purposes for which we intend to process that
(b) The types of third parties, if any, with which we will share or to which
we will disclose that personal data.
(c) The means, if any, with which data subjects can limit our use and
disclosure of their personal data.
7.2 Where personal data has not been obtained directly from the data subject, we
shall advise the data subject of the following:
(a) The identity and contact details of the controller and their
(b) The contact details of the Data Protection Officer;
(c) The purposes, as well as the legal basis of the processing;
(d) The categories of personal data concerned;
(e) The recipients of the personal data, where applicable;
(f) The fact that the controller intends to transfer personal data to a third
country and the existence of adequacy conditions.
7.3 We will also inform data subjects whose personal data we process that we
are the data controller with regard to that data, and who the Data Protection
8. COLLECTION FOR SPECIFIED, EXPLICIT AND LEGITIMATE PURPOSES
Any personal data collected will be collected for a specified, explicit and
legitimate purpose 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.
9. ADEQUATE, RELEVANT AND NON-EXCESSIVE PROCESSING
We will only collect personal data to the extent that it is required for the
specific purpose notified to the data subject.
10. ACCURATE DATA
We will ensure that personal data we hold is accurate and kept up to date.
We will take every reasonable step to ensure that personal data that is
inaccurate, having regard to the purposes for which they are processed, are
erased or rectified without delay.
11. STORAGE LIMITATION
11.1 We shall keep personal data in a form which permits identification of data
subjects for no longer than is necessary for the purposes for which the
personal data is processed.
11.2 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
implementation of the appropriate technical and organisational measures.
12. DATA SECURITY
12.1 We will take appropriate security measures against unlawful or unauthorised
processing of personal data, and against the accidental loss of, or damage to,
12.2 We will put in place procedures and technologies to maintain the security of
all personal data from the point of collection to the point of destruction.
Personal data will only be transferred to a data processor if he agrees to
comply with those procedures and policies, or if he puts in place adequate
12.3 We will maintain data security by protecting the confidentiality, integrity and
availability of the personal data, defined as follows:
(a) Confidentiality means that only people who are authorised to use
the data can access it.
(b) Integrity means that personal data should be accurate and suitable
for the purpose for which it is processed.
(c) Availability means that authorised users should be able to access
the data if they need it for authorised purposes.
12.4 Security procedures include:
(a) Entry controls. Any stranger seen in entry-controlled areas should
(b) Secure lockable desks and cupboards. Desks and cupboards
should be kept locked if they hold confidential information of any
kind. (Personal information is always considered confidential.)
(c) Methods of disposal. Paper documents should be shredded. Digital
storage devices should be physically destroyed when they are no
(d) Equipment. Data users must ensure that individual monitors do not
show confidential information to passers-by and that they log off from
their PC when it is left unattended.
13. TRANSFERRING PERSONAL DATA TO A COUNTRY OUTSIDE THE EEA
13.1 Some companies we engage with to improve the services we provide will be
based outside of the European Economic Area (“EEA”). Should this be the
case, the transfer of personal data outside the EEA will become necessary,
provided that one of the following conditions applies:
(a) The country to which the personal data are transferred ensures an
adequate level of protection for the data subjects' rights and
(b) The data subject has given their consent.
(c) The transfer is necessary for one of the reasons set out in the
GDPR, including the performance of a contract between us and the
data subject, or to protect the vital interests of the data subject.
(d) The transfer is legally required on important public interest grounds
or for the establishment, exercise or defence of legal claims.
(e) The transfer is authorised by the relevant data protection authority
where we have adduced adequate safeguards with respect to the
protection of the data subjects' privacy, their fundamental rights and
freedoms, and the exercise of their rights.
13.2 In the event of clause 13.1 being activated, personal data we hold will also be
processed by staff operating outside the EEA who work for us or for one of
our suppliers. That staff may be engaged in, among other things, the
fulfilment of contracts with the data subject, the processing of payment details
and the provision of support services.
14. DISCLOSURE AND SHARING OF PERSONAL INFORMATION
14.1 We share personal data we hold with any member of our group, which means
our subsidiaries, our ultimate holding company and its subsidiaries, as
defined in section 1159 of the UK Companies Act 2006.
14.2 We may also disclose personal data we hold to third parties:
(a) In the event that we sell or buy any business or assets, in which case
we may disclose personal data we hold to the prospective seller or
buyer of such business or assets.
(b) If we or substantially all of our assets are acquired by a third party, in
which case personal data we hold will be one of the transferred
14.3 If we are under a duty to disclose or share a data subject's personal data in
order to comply with any legal obligation, or in order to enforce or apply any
contract with the data subject or other agreements; or to protect our rights,
property, or safety of our employees, customers, or others. This includes
exchanging information with other companies and organisations for the
purposes of fraud protection and credit risk reduction.
15. DEALING WITH SUBJECT ACCESS REQUESTS
15.1 Data subjects must make a formal request for information we hold about
them. This must be made in writing. Employees who receive a written request
should forward it to the Data Protection Officer immediately.
15.2 When receiving telephone enquiries, we will not disclose personal data until
the identity of the data subject has been verified. Verification will involve:
(a) The data subject will be required to complete the relevant Subject
Access Request form, and;
(b) Provided Identity Documents e.g. passport, driving licence etc.
15.3 Our employees will refer a request to the Data Protection Officer for
assistance in difficult situations. Employees should not be bullied into
disclosing personal information.
16. CHANGES TO THIS POLICY
We reserve the right to change this policy at any time. Where appropriate, we
will notify data subjects of those changes by mail or email.
APPENDIX 1: DATA PROCESSING ACTIVITIES
Type of data
Purpose of which data is held and
Communicating with Employee and right to work
checks. Communicating with customers.
Recruitment, administering and managing
employment where it is or may be affected by
health. This includes obtaining, holding and
using records of absence and sickness, medical
and occupational health reports and certificates,
making adjustments to your working
arrangements, making decisions on your
capacity for work and continuing employment,
providing insurance benefits.
6 years (or
in the case
of a player,
as long as
Ethnic monitoring, ensuring equal opportunity
(such data is held anonymously). Information
may also be apparent on photographs and
CCTV which is operated for security reasons.
Recruitment and managing employment in the
light of any criminal offence or alleged offence,
making decisions on continuing employment e.g.
Original purpose for obtaining data e.g. CVs
by the Club
Employee For salary payment purposes
For security and health and safety reasons.
Customers For hospitality bookings
Marketing purposes – opt-in option
APPENDIX 2: CONDITIONS FOR PROCESSING PERSONAL DATA
Article 6 of the General Data Protection Regulations
Article 6 of the GDPR requires personal data to be processed fairly and lawfully, and,
not to be processed unless one of the conditions (below) is met.
6(1)(a) Consent of the data subject
6(1)(b) Processing is necessary for the performance of a contract with the
data subject or to take steps to enter into a contract
6(1)(c) Processing is necessary for compliance with a legal obligation
6(1)(d) Processing is necessary to protect the vital interests of a data subject
or another person
6(1)(e) Processing is necessary for the performance of a task carried out in
the public interest or in the exercise of official authority vested in the
6(1)(f) Necessary for the purposes of legitimate interests pursued by the
controller or a third party, except where such interests are overridden
by the interests, rights or freedoms of the data subject.
In practice this means that organisations must:
a) Have legitimate grounds for collecting and using personal data
b) Not use the data in ways that have unjustified adverse effects on the
c) Be transparent about how it is intended to use the data by providing
appropriate privacy notices when collecting personal data
d) Handle personal data only in ways they would reasonably expect
e) Make sure no unlawful activities are carried out with the data
APPENDIX 3: CONDITIONS FOR PROCESSING SPECIAL CATEGORIES OF PERSONAL DATA
Article 9 of the General Data Protection Regulations
Article 9 of the GDPR sets out the legal bases available for processing special
categories of personal data:
9(2)(a) Explicit consent of the data subject, unless reliance on consent is
prohibited by EU or Member State law
9(2)(b) Processing is necessary for carrying out obligations under employment,
social security or social protection law, or a collective agreement
9(2)(c) Processing is necessary to protect the vital interests of a data subject or
another individual where the data subject is physically or legally incapable
of giving consent
9(2)(d) Processing carried out by a not-for-profit body with a political,
philosophical, religious or trade union aim provided the processing relates
only to members or former members (or those who have regular contact
with it in connection with those purposes) and provided there is no
disclosure to a third party without consent
9(2)(e) Processing relates to personal data manifestly made public by the data
9(2)(f) Processing is necessary for the establishment, exercise or defence of
legal claims or where courts are acting in their judicial capacity
9(2)(g) Processing is necessary for reasons of substantial public interest on the
basis of Union or Member State law which is proportionate to the aim
pursued and which contains appropriate safeguards
9(2)(h) Processing is necessary for the purposes of preventative or occupational
medicine, for assessing the working capacity of the employee, medical
diagnosis, the provision of health or social care or treatment or
management of health or social care systems and services on the basis of
Union or Member State law or a contract with a health professional
9(2)(i) Processing is necessary for reasons of public interest in the area of public
health, such as protecting against serious cross-border threats to health
or ensuring high standards of healthcare and of medicinal products or
9(2)(j) Processing is necessary for archiving purposes in the public interest, or
scientific and historical research purposes or statistical purposes in
accordance with Article 89(1)
APPENDIX 4: RIGHTS OF DATA SUBJECTS
Articles 12 – 22 of the General Data Protection Regulations give rights to individuals
in respect of the personal data that organisations hold about them. These include:
The right to be informed
The right to access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling
The right of subject access is a wide-ranging and unless a relevant exemption
applies an individual is entitled to see their personal data contained in all locations,
Minutes of meetings
Emails stored on any systems in the workplace
References received from third parties
Performance review notes
Individuals are only entitled to see their own personal data and are not entitled to
receive any information which relates to anyone else.
For Data Subject requests (apart from amendments to personal data and Subject
Access Requests) made in person, over the phone or via email the following form will
need to be completed. Identification will be requested. The request will be allocated a
number which the individual will be provided with for future reference. Once the
request has been processed, only the lower section of this form will be retained.
All requests will be monitored and fulfilled by the Data Protection Officer and
processed within 48 hours.
For those who use the unsubscribe option on an email received from the Club, the
request will be processed within 24 hours.
APPENDIX 5: EUROPEAN ECONOMIC AREAS & THE US
There are no restrictions on the transfer of personal data to EEA countries.
These are currently:
Austria Greece Norway
Belgium Hungary Poland
Bulgaria Iceland Portugal
Croatia Ireland Romania
Croatia Italy Slovakia
Czech Republic Latvia Slovenia
Denmark Liechtenstein Spain
Estonia Lithuania Sweden
The European Commission has decided certain countries have an adequate level of
protection for personal data. Currently, the following countries are considered as having
Andorra Guernsey New Zealand
Argentina Isle of Man Switzerland
Canada Israel Uruguay
Faroe Islands Jersey
Personal data sent to the United States of America under the ‘Privacy Shield’ is considered by
the European Commission to be adequately protected.
When a US company is certified under the Privacy Shield, they agree to follow the 7
principles of data handling:
3. Accountability for Onward Transfer
5. Data Integrity and Purpose Limitation
7. Recourse, Enforcement and Liability