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 the terms of the following statement.
- Collection and use of personal data
- 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. The company may also contact you with other potential job opportunities which become available from time to time. The legal bases we rely upon to offer these services to you are:
- Legitimate interest
- Purpose of processing and legal basis
- Legitimate interest
Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
- As a recruitment company, our business relies on collecting and processing personal data. It is therefore in our interests to process your data for the purposes of work-finding services. It is also in your interests, as without processing your data we cannot provide you with work-finding services.
- Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- If you are shortlisted for a position, your personal data will be forwarded to the end client for the purposes of finding you work-finding services
- If you are offered a temporary role by the end client and do not have your own payroll company, your data might be shared with an umbrella company on our shortlist. We will always ask your consent before doing this.
- Your CV will be stored on our database. The software is owned by Adapt E-Recruit.
- We might also share your data with government agencies, such as the HMRC, and any agencies auditing us, such as the REC and ACS Registrars.
- Statutory/contractual requirement
Your personal data is not required as part of a statutory and/or contractual requirement, and/or a requirement necessary to enter into a contract.
- Overseas Transfers The Company will not transfer your personal data to countries outside the European Economic Area (‘EEA’). The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.
- 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.
Should we be successful in securing a position for you, we will keep your details for a period of 6 years from the date you start your role to assist with any potential legal claims made either against or by the Company and to comply with the requirements for record-keeping of other matters relating to your engagement, such as right to work checks and the Working Time Directive.
We must also keep your payroll records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation. This is currently for a period of 6 years after the date on which we last process payments to you.
Where the Company has obtained your consent to process your sensitive personal data, we will do so in line with our retention policy (a copy of which is attached). 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 sensitive personal data.
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 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.
Please be aware that in some circumstances, for example where we processed payments to you as a temporary worker, we may not be able to completely erase your data due to our other legal obligations. We will always inform you when this is the case and provide you with a written explanation.
Where you have consented to the Company processing your personal data/sensitive personal data you have the right to withdraw that consent at any time by contacting any of the people listed in Section 5.
- Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact any of the following:
Joanna Kowalska, Data Protection Officer
firstname.lastname@example.org / 0117 440 5990
Yvonne Evans, Office Manager
email@example.com / 0117 440 5990
Should you have any queries regarding the processing of your data or wish to exercise any of your rights, please email your request to firstname.lastname@example.org. 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.