Version 2 - 1st October 2018
The Company is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.
You may give your personal details to the Company directly, such as on an application or registration form or via our website, or we may collect them from another source such as a jobs board. The Company must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you we will only use your personal data in accordance with this privacy statement. At all times we will comply with current data protection laws.
- Collection and use of personal data
- Purpose of processing and legal basis
- Legitimate interest
- Statutory/contractual requirement
- Recipients of data
- Information to be provided when data is not collected directly from the data subject
- Categories of data
- Sources of data
- Data retention
- Your rights
- Login files
- Links to external sites
- Sale of the business
- Data security
- Changes to this privacy statement
- Complaints or queries
1. Collection and use of personal data
a. Purpose of processing and legal basis
The Company will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work-finding services. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities, arranging payments to you and developing and managing our services and relationship with you and our clients.
In some cases we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.
We must have a legal basis to process your personal data. The legal bases we rely upon to offer our work-finding services to you are:
- Where we have a legitimate interest
- To comply with a legal obligation that we have
- To fulfil a contractual obligation that we have with you
- Your consent
b. Legitimate interest
This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
- When you send your CV/ application to us or where we source your CV from an online job board/ Linked In we will retain your details for an initial period of 30 days. During this time we will assess your application against our active vacancies and will only retain your data after this time if we go ahead with full registration process.
- Managing our database and keeping work-seeker records up to date
- Providing candidates with ongoing work finding services following registration interview
- Providing work-finding services to individuals, including sending information to our clients where candidates have demonstrated an interest in doing that particular type of work but not expressly consenting to us passing on their CV
- Contacting you with information about similar services that you have used from us recently
- Contacting you to seek your consent where we need it eg for us to submit your CV to our client or to retain your data for an extended period, after provision of work finding services ended.
c. Statutory/contractual requirement
The Company has certain legal and contractual requirements to collect personal data (e.g. to comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, immigration and tax legislation, and in some circumstances safeguarding requirements.) Our clients may also require this personal data, and/or we may need your data to enter into a contract with you. If you do not give us personal data we need to collect we may not be able to continue to provide work-finding services to you.
d. Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- Clients that we introduce or supply individuals to
- Candidates’ former or prospective new employers that we obtain or provide references to
- The Recruitment and Employment Confederation
- Any other third parties who carry out audits to ensure that we run our business correctly
- Payroll service providers who manage our payroll on our behalf
- Other recruitment agencies in the supply chain (e.g. master/neutral vendors, 2nd tier suppliers)
- Our insurers and legal advisers
- Social networks
- Our IT and CRM providers
- Any public information sources and third party organisations that we may use to carry out suitability checks on work-seekers e.g. the Disclosure and Barring Service (DBS), The Law Society
- Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs)
- Any other organisations an individual asks us to share their data with
2. Information to be provided when data collected is not from the data subject
Categories of data: The Company has collected the following personal data on you:
- Name, address, mobile no., email
- National insurance no.
- Nationality (through right to work check)
- Qualifications and training
- Employment history
Sensitive personal data:
- Health information including whether you have a disability
- Criminal conviction
Source of the personal data: The Company may have sourced your personal data/sensitive personal data from:
- Jobs boards which may include Total Jobs, CV Library, Totally Legal or LinkedIn
- An application made via our website
- A former employer
- A referee whose details you previously provided to us
- Software provides who we use to support our services
- Cookies - see section 5
3. Data retention
The Company will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time. For example, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.
We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation. This is currently 3 to 6 years.
Where the Company has obtained your consent to process your personal/and sensitive personal data including information about criminal convictions we will do so in line with our retention policy. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data/and sensitive personal data.
All businesses must keep personnel and financial records in order to run their business efficiently and to comply with statutory requirements. The type of record will determine the length of time the record must be kept for.
4. Your rights
Please be aware that you have the following data protection rights:
- The right to be informed about the personal data the Company processes on you;
- The right of access to the personal data the Company processes on you;
- The right to rectification of your personal data;
- The right to erasure of your personal data in certain circumstances;
- The right to restrict processing of your personal data;
- The right to data portability in certain circumstances;
- The right to object to the processing of your personal data that was based on a public or legitimate interest;
- The right not to be subjected to automated decision making and profiling; and
- The right to withdraw consent at any time.
Where you have consented to the Company processing your personal data/and sensitive personal data you have the right to withdraw that consent at any time by contacting Suzy Kelly, Data Protection Lead and, where applicable, any other representative of the data controller. Please note that if you withdraw your consent to further processing that does not affect any processing done prior to the withdrawal of that consent, or which is done according to another legal basis. There may be circumstances where the Company will still need to process your data for legal or official reasons. Where this is the case, we will tell you and we will restrict the data to only what is necessary for those specific reasons.
If you believe that any of your data that the Company processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.
You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.
We may obtain data about you from cookies. These are are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies also enable us to deliver more personalised content.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies. Please note that in a few cases some of our website features may not function if you remove cookies from your browser.
6. Log Files
We use IP addresses to analyse trends, administer the site, track users’ movements, and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
7. Links to external websites
The Company’s website may contains links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such other sites. When you leave our site we encourage you to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Company’s website.
8. Sale of business
If the Company’s business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
9. Data Security
The Company takes every precaution to protect our users’ information, e.g. firewalls, limited access, use of passwords etc. as appropriate. Only employees who need the information to perform a specific job (eg consultants, accounts department) are granted access to your information.
The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of email/ the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via email/ the Internet.
If you share a device with others we recommend that you do not select the “remember my details” function when that option is offered. If you have any questions about the security at our website, you can email firstname.lastname@example.org
10. Changes to this privacy statement
We will update this privacy statement from time to time. We will post any changes on the statement with revision dates. If we make any material changes, we will notify you.
11. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Data Protection Lead on 0114 2786600 or email email@example.com
You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/, or any other relevant supervisory authority should your personal data be processed outside of the UK, if you believe that your data protection rights have not been adhered to.
Sue Ross Legal is always happy to help and really spend the time trying to match the right candidate to us.
Elizabeth Bilton , Partner, Bilton Hammond Solicitors, Mansfield