1. COLLECTION AND USE OF PERSONAL DATA
a. Purpose of Processing and legal basis
The Company has collected 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 where you go out on assignment through us as a temporary worker and developing and managing our services and relationship with you and our clients.
We may also send you marketing information and news via email or text. You can opt-out from these at any time by clicking “unsubscribe” when you receive such communications from us.
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.
Under GDPR we must have a legal basis to process your personal data. The bases we rely upon to offer our work-finding services to you are:
- Where we have a legitimate interest;
- Your consent, which we may ask for when processing certain types of data or processing in a particular way you may not anticipate;
- To comply with a legal obligation that we have; or
- To fulfil a contractual obligation that we have with you.
b. Legitimate interest
This is where we have a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where we have relied on a legitimate interest to process your personal data our legitimate interest(s) is/are as follows:
- Managing our database and keeping work-seeker records up to date;
- Providing work-finding services to you and our clients;
- Contacting you to seek your consent where we need it;
- Giving you information about similar products or services that you have used from us previously.
c. Statutory/contractual requirement
We have 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). Amongst other things these require us to verify your identity, your Right to Work in the UK and your suitability for roles. We are also required to maintain certain records for specified periods and if you work through us as a temporary worker at a client there are specific retention periods for HMRC payroll records and related document. Our clients may also require some of this personal data, and/or we may need your data to enter into a contract with you.
If you do not give us the 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 (whom we may introduce or supply you to)
• Former employers of yours whom we may seek references from after obtaining their details from you
• Other recruitment agencies in the supply chain where such a chain applies
• The Pension platform provider who manages pensions auto enrolment for our temporary workers if you are supplied through us to client hirers as a temporary worker.
• Regulatory authorities or statutory bodies and government departments and where necessary with our accountants, legal and other professional advisers including insurers
2. WHAT INFORMATION MIGHT WE COLLECT ABOUT YOU?
We only collect and process personal data in order to carry out the recruitment process and provide you with work finding services. In doing so some or all of the information listed below may be collected:
- Name and contact details including address, email and phone numbers
- Identification and Right to Work documents including Nationality
- Employment History, Educational details and Referee details
- National Insurance number, Bank Details, other tax related information (especially where supplying you as a temporary worker to clients)
- Your CV, which will be stored on our database and accessible by our recruitment consultants. You can update your CV at any time by contacting us and submitting an updated version.
We will also record associated information such as your current remuneration and benefits package, what sort of position you are seeking and your interests.
As part of our registration process we will ask you about any unspent criminal convictions you may have and whether you have any health issues or a disability relevant to the role you are seeking. These items are classified as sensitive personal data and we will only share such information with clients where we have your explicit consent to do so.
Please note that the above list of categories of personal data we may collect is not exhaustive.
Source of the personal data:
We will have sourced your personal data from a variety of sources including:
• Direct from yourself including from your application in response to one of our job adverts or similar;
• Publicly available sources where we have searched for potentially suitable candidates including job boards where you have posted your CV or LinkedIn or similar social media;
• Follow up communications with you whether by face to face interview, phone, email or other media and also from completion of our Registration Form and other documents necessary for us to be able to assist you;
• Recommendation by a friend, former employer or colleague; or
• A former employer or other persons whose details you have provided to us for reference purposes.
3. DATA RETENTION
We often assist candidates with positions over an extended career period, so that we retain their data as part of our legitimate business interests to assist with work finding services. Usually we will not retain data for more than 10 years after the last time we either provided work-finding services or otherwise interacted with you. Where your personal information shows you have specialist skills or experience in areas where we supply permanent candidates or temporary workers and are continuing to do so we may retain your data for a longer period.Different laws may also require us to keep certain data for different minimum 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 the date of their creation or after the date on which we last provided 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 we have obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention policy as stated in the consent form. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process that personal data and sensitive personal data.Whilst we will endeavour to permanently delete your personal data once it reaches the end of its retention period or where we receive a valid request from you to do so, some of your data may still exist within our systems, for example whilst waiting to be overwritten or scrambled. For our purposes this data is beyond use. While it still exits as archived information it will not be readily accessed by our employees.
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.
To the extent that we are processing your personal data [and where relevant sensitive personal data] based on your consent you have the right to withdraw that consent at any time by contacting email@example.com. 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 email 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 email 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.
5. LINKS TO EXTERNAL WEBSITES
6. 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.
7. DATA SECURITY
Our policy is to ensure that we take all reasonable and appropriate steps to protect our users’ information against misuse, lose or unauthorised access. To do this we have in place a range of relevant technical and organisational measures including firewalls, password protection, control of database access etc. Our staff are aware of the measures that would need to be taken to deal with any suspected data breach.Whilst we use all reasonable efforts to safeguard your personal information 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.
8. 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.
9. COMPLAINTS OR QUERIES
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: firstname.lastname@example.org or alternatively you may write to us at Data Protection Officer, Acme Appointments, 25 North Row, London W1K 6DJ.
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.