(when personal data is obtained directly from the data subject)
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 for the purpose of data protection law. This means that we are responsible for deciding how we hold and use your personal data.
We are required by data protection law to give you the information in this privacy notice. This privacy notice applies from 25th May 2018 when the General Data Processing Regulations come into force. It does not give you any contractual rights and we may update this privacy notice at any time.
What is personal data?
Personal data means any information relating to a living individual who can be identified (directly or indirectly) in particular by reference to an identifier (e.g., name, NI number, employee number, email address, physical features). It can be factual (e.g., date of birth), an opinion about an individual’s actions or behaviour, or information that may otherwise impact the individual in a personal or business capacity.
Data protection law divides personal data into two categories: ordinary personal data and special category data. Any personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health conditions, sexual life or sexual orientation, or biometric or genetic data that is used to identify an individual is known as special category data. The rest is ordinary personal data.
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.
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:
As a recruitment agency, it is in our legitimate interests to review and consider your personal data to help you find appropriate work.
We need to take steps at your request in order to enter into a contract with you to help you find work.
We need to comply with a legal obligation, e.g., not to employ someone who is does not have the legal right to work in the UK.
You have given clear consent for us to process your personal data for a specific purpose. 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 Support Team (email@example.com) or James Gibbs, The Data Protection Officer (firstname.lastname@example.org).
Recipient/s of data
We share your personal data and/or sensitive personal data that is relevant, where appropriate, with the following recipients:
- Home Office (to enable us to verify your right to work in the UK)
- Umbrella companies (e.g., Payme, Zeva)
- Legal/professional advisers (to obtain legal or other professional advice about matters relating to you or in the course of dealing with legal disputes)
- Clients (Contractual obligation)
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, 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 personal and sensitive personal data.
If you give us details of referees, we require you to inform them what personal data of theirs you are giving to us. You must also give them our contact details and let them know that they should contact us if they have any queries about how we will use their personal data.
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.
Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: The Support Team (email@example.com) or James Gibbs, The Data Protection Office (Jamesg@reresourcegroup.co.uk).
You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/ if you believe that your data protection rights have not been adhered to.