|Company Name:||Employ Recruitment UK LTD (‘the Company’)|
|Company Contact details:||Data Protection Lead: Managing Director
Data Protection Lead Representatives: Operations Directors
Data Protection Officer: HR Manager
|Document DP5A||Privacy Notice (when personal data is obtained from the data subject)
|Date:||23 April 2018|
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.
The Company needs to keep and process information about you for your contract. The information we hold and process will be used for our administrative and management use only. We will keep and use it to enable us to run the company and manage our relationship with you effectively, lawfully and appropriately, during the recruitment process, whilst you are working for us, at the time when your contract ends and after you have left. This includes using information to enable us to comply with the contract, to comply with any legal requirements, pursue the legitimate interests of the Company and protect our legal position in the event of legal proceedings.
Initially, 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 job board. Following confirmation of your assignment you will be required to provide personal data to process your contract. The Company must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services, information relating to roles relevant to you, and to process your contract 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 legal bases we rely upon to offer these services to you are:
- Legitimate interest
- Legal obligation
- Contractual obligation
- Vital interests
- Legitimate interest
Where the Company has relied on a legitimate interest to process your personal data the nature in which your personal data will be processed for our legitimate interests are as follows:
- Recruitment and selection purposes;
- Offer and acceptance;
- Administrative purposes;
- Payroll including additional payments;
- Pension purposes;
- Business management and planning;
- Learning, training and development requirements;
- Agency worker monitoring for safety or management purposes;
- Managing and reporting on agency worker leave including but not limited to sickness absence;
- Managing performance and infringements;
- Dealing with legal disputes/proceedings involving you, or other agency workers, and contractors, including accidents in the workplace;
- To monitor your use of information and communications systems;
- Tachocards to record agency workers driving hours and any infringements;
- IT and network security to prevent and/or deduct fraud;
- To comply with health and safety requirements;
- To report on agency workers data including but not limited to retention data;
- Equal opportunities monitoring;
- Direct marketing;
- Jobs alerts and work-finding services;
- Company newsletters;
- Testimonials for marketing content;
- Website and social media platforms using diagnostic analytics.
We will never process your data where these interests are overridden by your own interests.
- Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- The company’s selected job boards to process the recruitment cycle;
- The company’s software and computerised databases to process the recruitment cycle;
- References to process the agency worker contract;
- The company’s client’s including logistics companies in order to provide work-finding services;
- The company’s client’s including logistics companies in order to process your assignments and contract;
- The company’s software and computerised databases in order to provide work-finding services;
- The company’s software and computerised databases in order to process agency worker data;
- The company’s real-time management systems;
- The company’s automated decision-making processes in order to manage the recruitment cycle, process performance data and psychometric assessments for agency workers;
- The company’s suppliers in order to process services and/or goods;
- The company’s and client’s training providers for learning, training and development purposes;
- The company’s payroll software and associated HM Revenue Customs requests;
- The company’s pension scheme;
- The company’s approved driving licence validation service;
- The company’s approved tachograph card in order to download the agency workers driving hours and any infringements ;
- The company’s approved trade bodies in the interest of industry knowledge, best practise and compliance and/or where an affiliation with the company exists;
- The company’s software-based telephone system including the recording of all phone calls for training and monitoring purposes.
- 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. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:
- The company will not provide work-finding services to workers;
- The company will not source, supply or introduce workers to clients;
- The company will not provide employment;
- The company will not process suppliers’ services or goods.
- 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, we will do so in line with our retention policy included in our Data Protection Policy and Procedure. 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.
- 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 Lead and/or, Data Protection Lead Representatives and/or Data Protection Officer.
- Automated decision-making
The company will process your personal data using automated decision-making, including profiling, within the following context;
- In order to manage the recruitment cycle for agency workers the company will process your personal data using automated decision-making, including profiling, to assess your suitability to a job. For workers this would include assessing and validating your HGV licence.
- In order to process agency worker performance data the company will process your personal data using automated decision-making, including profiling, to analyse and assess your performance.
- In order to process agency worker psychometric assessments the company will process your personal data using automated decision-making, including profiling, to identify and assess your personality and aptitude suitability to a job and/or provide necessary training.
- Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact one of the below:
- Data Protection Lead:
- Managing Director, Sadie Weston – email@example.com
- Data Protection Lead Representatives:
- Data Protection Officer:
- HR Manager, Philippa Hall – 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.