- 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 legal bases we rely upon to offer these services to you are:
- Legitimate interest
- Legitimate interest
Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
- Personal Data is collected, processed and distributed with the intent of assessing a potential candidate's or employee's suitability, strengths and weaknesses for roles and fit within a company culture and environment. The data may be sourced from public sites containing contact and CV data, from potential candidates directly, from tests and assessment of the Candidate's results, from interviews and interactions with potential candidates and other connected parties and from online sources and will be provided to Clients requesting such an assessment with the employee’s permission.
- This may be from direct engagement with the candidate / individual where the data collected from them is used in order to assess the suitability for an employer or vacancy
- Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- Potential Employers – in order to gauge suitability for their business or vacancies
- CRM System – (Invenias) – Is a very secure CRM system that we use to hold / manage your data
- Statutory/contractual requirement
Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract or a contract of employment. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:
- Potential employers may not be able to process your application further with the data required as per their employment policies
- You may not be offered the job without allowing your data to be processed into a contract
- 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 data, we will do so in line with our retention policy (See Appendix Below – Data Retention). 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.
In the event of a request to remove your data from our database, all personal information / data will be removed accept for any notifications of you being part of an assignment for which you were notified we were working on work finding services for you. After a period of 6 months this to will be removed.
- 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 you have the right to withdraw that consent at any time by contacting Jamie Trevett – email@example.com or 0203 405 3186.
- Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it, please contact Jamie Trevett – firstname.lastname@example.org or 0203 405 3186.
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.
- Appendix - Data Retention
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.
How long to keep for (and source of requirement)
2 years from the last date of providing work-finding services as an Employment Agency or Employment Business
Terms of engagement with temporary worker and terms of business with clients
6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980) (5 years in Scotland).
Please note that 6 years is not a minimum legal requirement but is the time period in which a contractual claim can be made. You will still have to establish why it is necessary to keep these records.
Working time records:
2 years from the time they were created
Annual appraisal/assessment records
No specific period – under data protection laws you should only keep records for as long as is necessary.
Under data protection laws, only keep records for as long as is necessary. However, the Conduct Regulations require references to be kept for 1 year
following the introduction or supply of a work-seeker to a client.
- The lawfulness of processing conditions for personal data are:
- Consent of the individual for one or more specific purposes.
- Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.
- Processing is necessary for compliance with a legal obligation that the controller is subject to.
- Processing is necessary to protect the vital interests of the individual or another person.
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
- Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.
- The lawfulness of processing conditions for sensitive personal data are:
- Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.
- Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.
- Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.
- In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.
- Processing relates to personal data which are manifestly made public by the individual.
- Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
- Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.
- Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.
- Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.
- Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.