Data Retention & Destruction Policy

1INTRODUCTION

  • 1.1This document retention and destruction policy (the "Policy") sets out how Tomedes retains Records necessary for ongoing business operations, legal, audit and regulatory compliance, and destroys such records, whilst promoting orderly and efficient records management.
  • 1.2The law requires Tomedes to maintain certain records for certain periods of time. Failure to retain those records for those periods could subject Tomedes to adverse consequences.
  • 1.3
    This Policy:

    (a)    forms part of Tomedes’ Information Security Policy;

    (b)    may be amended by Toemdes at any time, consistent with the requirements of applicable laws and regulations. Any revisions will take effect from the date on which the amended Policy is published, as indicated by the version number; and

    (c)    must be complied with unless you have reason to believe that:

    (i) a Proceeding is pending or reasonably anticipated, in which case you must immediately contact Group Legal for further guidance before destroying, altering, moving or rearranging any Records; or
    (ii) Group Legal has ordered a Hold Instruction in which case Records should be maintained for review by Group Legal.

2DEFINITIONS

  • 2.1
    "Colleague" means any member of Tomedes;"Group Legal" means the legal function of Tomedes;"Hold Instruction" means an instruction from Group Legal to preserve documents in relation to a Proceeding;"Proceeding" means any legal, official, governmental or other proceeding or investigation;"Records" means all documents and other data (including Personal Data) that are created, received, used or distributed by Tomedes in the course of its business, regardless of medium and includes without limitation hard copy, soft copy, Word, Excel or PowerPoint files, emails (inbox, outbox, drafts, folders and trash files), cloud storage, instant messages, intranet and other media; and"Tomedes" means Tomedes Ltd and its subsidiaries and/or affiliates.
  • 2.2Words denoting the singular shall include the plural and vice versa.
  • 2.3Unless otherwise stated, all defined terms have the same meaning as defined in the Data Protection Policy.

3GENERAL PRINCIPLES

  • 3.1You must consistently follow this Policy to ensure Tomedes’ compliance with all applicable recordkeeping requirements in the relevant territory. Tomedes’ are required to ensure that complete and accurate records are identified, retained, stored, protected and subsequently destroyed or archived within their area of assigned responsibility and in accordance with this Policy. All levels of management are responsible for ensuring that all staff under their supervision comply with this Policy.
  • 3.2
    The principal objectives of this Policy are:
    (a)    to ensure that Records:

    (i) are retained appropriately including for the appropriate period;
    (ii) which may need to be tendered as evidence in Proceedings are kept in a manner that ensures they will be admissible in those Proceedings;
    (iii) are retained only as long as those Records serve the immediate purposes for which they were created; and
    (iv) are permanently archived in accordance with law after their retention period has lapsed and they are no longer needed;

    (b)    to ensure that Tomedes’ information needs are met;

    (c)    to minimise the retention of Records after carefully assessing risks;

    (d)    to ensure that all disposal of Records is efficient, orderly, appropriate and properly recorded.

  • 3.3This Policy applies to Records located anywhere including without limitation in Tomedes’ premises, personal homes of Colleagues and contractors, and storage facilities.

4RETENTION PROCEDURES

  • 4.1Records must be categorized by purpose and retained for specific periods in accordance with Schedule 1
  • 4.2Tomedes must comply with General Data Protection Regulation (GDPR) which requires that Personal Data must not be kept longer than is necessary for the purpose for which it was collected. This requires that Personal Data must be physically destroyed and/or erased and purged from Tomedes’ systems when it is no longer required, unless a minimum retention period is specified or a Hold Instruction has been issued in relation to the relevant Record
  • 4.3Personal Data must be accurate and kept up to date. Inaccurate or out of date Personal Data must be rectified or destroyed/erased.
  • 4.4Retention periods vary depending on the country in which the Records are kept. For further information about the retention period for each category of Record, refer to Schedule 1.

5HOLD INSTRUCTION

  • 5.1In the case of an actual, pending or reasonably anticipated Proceeding, Group Legal may issue a Hold Instruction.
  • 5.2If a Hold Instruction is ordered or you otherwise believe a Proceeding is pending or reasonably anticipated, Records must be maintained for review by Group Legal. If you believe you may have material related to a Proceeding but require assistance, promptly contact Group Legal. You must not delete, discard or destroy any Records you may have that may be subject to a Hold Instruction. If you have any doubt whether a Record is relevant to a Hold Instruction, save it and provide it to Group Legal.
  • 5.3If a Record is subject to a Hold Instruction, that Record must be retained until the Hold Instruction is removed by Group Legal.
  • 5.4Failure to comply with this Paragraph, to seek guidance and preserve Records can result in serious adverse consequences to Tomedes and any person involved.

6DESTRUCTION OF DOCUMENTS

  • 6.1It is unlawful to destroy, conceal or falsify any Record for the purpose of obstructing or influencing any Proceeding. Doing so may subject Tomedes and any offending individuals to civil and criminal penalties including fines and imprisonment.
  • 6.2
    You are only permitted to destroy Records when all the following conditions are met:

    (a)    no improper motive for the destruction of the Records;

    (b)    no legal or regulatory reason to maintain the Records;

    (c)    the destruction is in accordance with mandated retention periods as set out in Schedule 1;1 and 1 General Data Protection Regulation (GDPR), there is no mandatory retention periods for personal data. However, in relation to the following records, they should be kept for the following periods:
    (i) employment records – 4 years; and
    (ii) contracts – 10 years.

    (d)    no Hold Instruction is in place.

7END OF SERVICE

  • 7.1Each Colleague must return to Tomedes or destroy, at Tomedes’ option, all Records in their possession upon the end of their service with Tomedes. This includes, without limitation, Records located anywhere including without limitation in Tomedes’ premises, personal homes of Colleagues and storage facilities.

8DOCUMENT CONTROL

Schedule 1 Record retention periods

RowRecords categoryRetention periodSpecific local retention requirements
1.Constitutional / corporate records
2Statutory registersPermanently
3Constitutional documents including:- certificates of incorporation/name change;Permanently
4memorandum and articles of association; resolutionsPermanently
5- shareholder agreementsPermanently
6- directors’ service contracts6 years after expiry
7- contract for purchase of own shares10 years from purchase
8Share issuance documentsLater of 6 years and date on which shares are fully paid
9Share transfers and related documents, including:10 years if on or after 6 April 2008; 20 years if before that date
10 share and stock transfer forms10 years if on or after 6 April 2008; 20 years if before that date
11-letters of indemnity for lost certificatesPermanently
12cancelled share/stock certificates1 year after registration or transfer
13Other share registration documents including:2 years
14notifications of member changes of address2 years
15- evidence submitted in support of changes to register10 years if after 6 April 2008; 20 years if before that date
16- powers of attorney12 years after expiry
17- court noticesUntil expiry / 20 years if evidence of reason for action taken before 6 April 2008 / 10 years if evidence of action taken on or after that date
18Dividend/interest6 years after payment / expiry, as applicable
19Documents relating to director meetings includingLife of company
20Documents for shareholder meetingsPermanently
21Tax and accounting recordsPermanently
22Any documents which help to calculate tax liability for assessment of corporation tax, PAYE, VAT, national insurance, insurance premium tax, stamp duty land tax, stamp duty reserve tax, transfer pricing, aggregates levy, climate change levy, landfill tax, excise duty, bank payroll tax and direct taxes claims not included in a return20 years after financial year end
23Accounting records including:20 years after financial year end
24- report and accounts; half yearly report and accounts; interim management statementsPermanently
25- budgets and periodic internal financial reportsPermanently
26Compliance records
27Documents relating to money laundering regulations including evidence of clients’ identity and supporting records5 years after business relationship ends / transaction completes
28Anti-bribery and corruption policy, registers of gifts, political donations and entertainment, internal risk assessment materials, external due diligence materials, training materials and monitoring/audit materialsPermanently
29HR and employment records
30Recruitment records for unsuccessful candidates including job applications, references and interview recordsShore employees and contractors: no longer than 12 months after notifying unsuccessful candidate (unless candidate is notified and gives consent to further period/records are required to defend an action). Seafarers: no longer than 24 months after notifying unsuccessful candidate (unless candidate is notified and gives consent to further period/records are required to defend an action).
31Onboarding:
32Right to work and visa records6 years
33References and qualifications, induction and training records6 years
34Personnel and training records including recruitment records, qualifications and references, assessment reports, job histories, resignation / termination / retirement letters, disciplinary matters, employment contracts Senior executive recordsEmployees: 6 years after employment ceases Seafarers: 12 years after engagement/employ ment ceases
35Senior executive recordsPermanently
36Working Time Regulations 1998 related documents including:
37- opt-out formsLonger of 2 years from date entered into and period for which opt-out is in force
38- other documents showing compliance including time sheets for opted out workers and health assessments for night workers2 years
39Annual leave records2 years
40Travel and subsistence claims and authorisations6 years
41Wage records6 years after financial year end
42National minimum wage records3 years after the end of the pay reference period following the one that the records cover
43.Statutory sick pay records including dates and payments6 years after financial year end
44.Absence records showing dates and causes of absence6 years after financial year end
45.Parental leave records5 years from birth/adoption of the child or 18 years if the child receives a disability allowance
46.Gender pay reports6 years
47.Income tax and national insurance returns3 years
48.Pay records and pay slips3 years after pay reference period
49.Salary/wage records, including overtime, bonuses, expenses6 years
50.Performance appraisal records6 years after employment endsmanently
51.Learning and development records6 years
52.Employee engagement records6 years
53.Employee bank detailsDuration of employment and no longer than necessary
54.Labour agreements10 years after expiry
55.Disclosure and Barring Service checks and disclosures of criminal recordsUntil end of recruitment period, unless relevant to employment. Must be destroyed once conviction is spent (unless employment type is excluded)
56.Immigration checks2 years after employment ceases
57.Redundancy records6 years
58.Equal opportunities/diversity monitoring documents6 years
59.Leavers – reason for termination / dism issal6 years
60.3 years after end of tax year in which the maternity pay period ends
61.Pensions records
62.Pension scheme records for occupational pension schemes including:
63.- all pension scheme trust deeds and rules; tax approvals - details of benefits paid to dependents on member death - details of benefits paid to dependents on member death12 years after scheme benefits no longer available
64All employer pension records for individual pension payments
65.Property records
66.Lease agreements; lease guarantees15 years after expiry of term or, if assigned, liability (originals)
67.Subletting agreements12 years after expiry or termination (originals)
68.Landlord's consents; licences15 years after expiry or termination of lease, or if assigned, liability (originals)
69.Planning consentsUntil sale or lease expiry (originals)
70.Surveys and inspections documentsPermanently
71.Reports:
72.- architectural reports; building condition surveys; conservation reports (if listed building); site surveys; maps; plans; drawingsLater of date of sale and 25 years
73.- structural, mechanical,electrical and drainage engineering reportsLater of date of sale and 15 years
74.-asbestos inspectionsLater of date of sale and 40 years
75.- project health and safety filePermanently
76.Maintenance contracts and related files6 years after expiry of contract (12 years if deeds)
77.Maintenance schedules,programmes and logs15 years
78.Asset registersPermanently
79.Intellectual property records
80.Trade mark files including evidence of earliest use of trade mark and trade mark applications15 years after expiry or non-use of trade mark
81.Certificates of registration and documents evidencing assignment of trade/service marks and designs15 years after expiry of intellectual property (originals)
82.Intellectual property agreements / licenses15 years after expiry
83.Deal-related information
84.Legal, financial and commercial due diligence reports6 years from completion of transactions
85.Sale and purchase agreements and related documents6 years after transaction completes where executed as contracts; 12 years where executed as deeds
86.Financing agreements and related documents6 years after transaction completes where executed as contracts; 12 years where executed as deeds
87.Authorisations and approvals e.g. board minutes, shareholder resolutionsPermanently
88.Health and safety records
89.Health and safety policyPermanently
90.Record of employee health and safety trainingPermanently
91.Risk assessments and reviewsPermanently
92.Fire risk assessmentsPermanently
93.Records of any reportable injury, disease or dangerous occurrencePermanently
94.Accident book (Form BI 510)Permanently
95.Records of personal information, policies and procedures
96.Data protection policiesPermanently
97.Records relating to development, implementation and review of information management policy, information surveys and record audits5 years
98.Information systems records including quality control log,As long as information
99.Records/information management records including:
100.- review lists5 years
101.- lists, certificates, docket books or databases of records destroyed Life of company
102.- register of records held belonging to other organisationsAs long as records held
103.Storage records including:
104.- lists of records transferred to storage; details of security of records5 years
105.- records of retrieval of records from storage2 years
106.- records of tracking and location systemsUntil systems superseded
107.- records relating to contracts with storage providers6 years
108.General administrative records and correspondence2 years
109.Training records including audio- visual materials5 years / until superseded
110.Contracts, sales, marketing and insurance records
111.Contracts executed as deeds12 years after performance
112.Other contracts6 years after performance
113.Contracts relating to building, maintenance and repairs15 years after performance
114.Sales and marketing records:
115.- standard conditions terms and6 years
116.Product liability and safety recordsPermanently
117.Insurance records including:
118.- policies, proposal forms, renewal notices and certificatesLater of 10 years and until all claims are barred / settled
119.- claims correspondence3 years after settlement
120.Emails
121.Email correspondence relating to:
122.- entry into contracts and / or providing evidence of negotiations6 years
123.- entry into deeds and / or providing evidence of negotiations12 years
124.- advice given to clientsPermanently
125.Purchasing Records
126.General ledger, accounts receivable, accounts payable, sales admin, inventory6 years
127.Procurement records6 years
128.Debtors and creditors6 years
129.Customers and suppliers records including advice given to clients6 years