The Company is a recruitment business which provides work-finding services to its clients and workseekers. 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 have given 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 boards and social media. 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 the terms of the following statement.
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. The legal bases we rely upon to offer these services to you are:
- Legitimate interest
- Legal obligation
- Contractual obligation
b. Categories of data
The Company may collect the following personal data on you dependant on the level of engagement with the company;
|General Personal Data||Active Candidate Data||Sensitive Personal Data|
|Name||National Insurance No||Criminal Record Checks|
|Date of Birth||Proof of Identity |
|Telephone No’s||Proof of Right to work||Immunisation History|
|Email Address||Proof of Address||Professional Registration |
|Experience Training & |
|References / Appraisals|
|Educational History||Training records|
c. Legitimate interest
Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
The company has reviewed the options available and have concluded that as an Employment Business or Employment Agency the company is required to source individuals for its clients. As and when requirements arise in the companies sectors of specialism it will use this data to select and contact the individual. The company therefore concludes that it has a legitimate interest in holding non sensitive data of individuals that have relevant work experience and skills for the requirements of the company’s clients. The company believes that this client and non-sensitive data remains relevant for a 4 years period of time and if it has not been revalidated within that time it should be removed.
In relation to Sensitive data held by the company this is due to contractual obligations to provide appropriate checks and screening on individuals before they commence with a client. Individuals are notified of this data requirement in an agreement between the company and the individual. The company therefore has a lawful reason by way of contractual obligation. The company has a legal responsibility to hold personal data for its employees to ensure they have a legal right to work and therefore that is the legal basis the company will hold this data.
d. Recipient/s of data
The Company may process your personal data and/or sensitive personal data with the following recipients or types of organisations:
- Clients, Associated third parties and Health Sector Frameworks
- HMRC, Home Office and other Government Bodies
- Pension Providers and other third parties to facilitate Payroll compliance
- Training and immunisation providers and services to enable Fitness to work Certificates and compliance
- Criminal Record Checking providers / Disclosure Scotland
- Third party suppliers limited in supporting the delivery of services and the function of the company
2. Overseas Transfers
The Company may transfer only the information you provide to us to countries outside the European Economic Area (“EEA”) for the purposes of providing you with work-finding services. We will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.
3. Data retention
The Company will retain your personal data only for as long as is necessary. Different laws require us to keep different data for different periods of time. 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.
Where the Company has obtained your consent to process your personal and sensitive personal data as listed above, 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.
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 the Data Protection Administrator whose details are above.
5. Source of the personal data
The Company sourced your personal data/sensitive personal data by the following means: self directly either through the company’s website, advertisements on third party
sites and referrals
- From Job boards where you have provided your personal information
- From a publicly accessible source such as Social Media including but not limited to Facebook and Linkedin
- From third parties and colleagues who have shared your data with us.
6. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact the Data Protection Administrator whose details are above 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.