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. At all times we will comply with current data protection laws.
Collection and use of personal data
a). 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. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities, arranging payments to you and developing and managing our services and relationship with you and our clients.
If you have opted-in we may also send you marketing information and news via email/ text. You can opt-out from receiving these at any time by clicking “unsubscribe” when you receive these communications from us.
In some cases we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.
We must have a legal basis to process your personal data. The legal bases we rely upon to offer our work-finding services to you are:
- Your explicit consent to act on your behalf to provide work-finding services or provide information relating to roles relevant to you. We will obtain explicit consent for processing sensitive personal data which is required for legal reasons or pursuant to a contract.
b). Legitimate interest
This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
- Managing our database and keeping work-seeker records up to date;
- Providing work-finding services to you and our clients;
- Contacting you to seek your consent where we need it;
- Giving you information about similar products or services that you have used from us recently;
c). Statutory/contractual requirement
The Company has certain legal and contractual requirements to collect personal data (e.g. to comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, immigration and tax legislation, and in some circumstances safeguarding requirements.) Our clients may also require this personal data, and/or we may need your data to enter into a contract with you. If you do not give us personal data we need to collect we will not be able to continue to provide work-finding services to you.
d). Recipient/s of data
The Company will process your personal data with the following recipients:
- Client advertising a particular role that you are applying for or we have approached you for. With your consent, we would only share your data with one specific client for the role in question. Should there be any other roles that we believe may be of interest of you, we will request your consent again before sharing your details with another hiring manager.
- Cataphract Limited – where there is a contractual requirement from the client, we may provide Cataphract Limited with your email address in order for a link to be sent directly to you to check your right to work in the UK and other vetting information which may include but not be limited to: Employment history and references. You will be advised on the specific vetting information required for the role.
- Our IT and CRM providers currently PS Tech and Dynamics 365.
- Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs), GLAA should it be required.
Information to be provided when data collected not from the data subject
Categories of data: The Company has collected the following personal data on you:
- Name, title, address, mobile no., email, LinkedIn profile
- Current salary and bonus or commission
- Salary sought
- Notice period
- Experience, training and qualifications
- Skype address
- Right to work in the UK
Source of the personal data: The Company sourced your personal data/sensitive personal data:
- From Total Jobs, CV Library, Reed, Indeed or LinkedIn
- Software providers who we use to support our services including Dynamics 365
- Cookies listed in section 6
This information from job boards and LinkedIn came from a publicly accessible source.
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.
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.
Where the Company has obtained your consent to process your personal and sensitive data (name, date of birth, contact details including postal address, telephone number, email address, experience, training and qualifications, CV, skype address, ethnic origin, race), 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 data and sensitive 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.
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 Hannah Marsh, Business Support Manager by email at firstname.lastname@example.org, by phone on 01883 585 003 or in writing to Talent Gateway, 27 Godstone Road, Old Oxted, Surrey, RH8 9JS.
Please note that if you withdraw your consent to further processing that does not affect any processing done prior to the withdrawal of that consent, or which is done according to another legal basis.
There may be circumstances where the Company will still need to process your data for legal or official reasons. Where this is the case, we will tell you and we will restrict the data to only what is necessary for those specific reasons.
If you believe that any of your data that the Company processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.
You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.
We may obtain data about you from cookies. These are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners.
Google Analytics – These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous.
This data helps us to understand:
- Which pages people visit on the site;
- Which internet browsers are being used;
- What is popular on the site;
- Which interactive tools are used by visitors.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.
By using our website, you agree that we can place these types of cookies on your device.
Most web browsers allow some control of most cookies through the browser settings. Please note that in a few cases some of our website features may not function if you remove cookies from your browser.
We use IP addresses to analyse trends, administer the site, track users’ movements, and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Links to external websites
The Company’s website may contains links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such other sites. When you leave our site we encourage you to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Company’s website.
Sale of business
If the Company’s business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
The Company takes every precaution to protect our users’ information. Our Information Security and Data Protection policy sets out how we do this.
The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.
Only employees who need the information to perform a specific job (for example, consultants, our accounts clerk or a marketing assistant) are granted access to your information.
The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of email/ the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via email/ the Internet.
If you share a device with others we recommend that you do not select the “remember my details” function when that option is offered.
If you have any questions about the security at our website, you can email Hannah Marsh at email@example.com.
Changes to this privacy statement
We will update this privacy statement from time to time. We will post any changes on the statement with revision dates. If we make any material changes, we will notify you.
Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Hannah Marsh, Business Support Manager by email at firstname.lastname@example.org, by phone on 01883 585 003 or in writing to Talent Gateway, 27 Godstone Road, Old Oxted, Surrey, RH8 9JS.
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.
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. As a recruitment business, the Company collects and processes both personal data and sensitive personal data. It is required to do so to comply with other legislation. It is also required to keep this data for different periods depending on the nature of the data.
The Company will retain your personal data only for as long as is necessary and in line with data protection laws. All organisations that process personal data are required to comply with data protection legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data Protection Regulation (together the ‘Data Protection Laws’). The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.
The Company processes personal data in relation to its own staff, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. The Company has registered with the ICO and its registration number is Z3150694.
Destroying or disposing of personal data counts as processing. Therefore care should be taken in the disposal of any personal data to ensure that it is appropriate. Such material should be shredded or stored as confidential waste awaiting safe destruction. Records are also deleted from our computer system, Dynamics.
Please refer to the table below for how long we keep documents.
Table of Retention of Documents
How long we are required to keep it for
|Work-seeker records including
application form/CV, ID checks, terms
of engagement (see also below),
details of assignments, opt-out notices
and interview notes
|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 keep work seeker records for a maximum of 2 years and obtain your consent again if we are to retain for any longer to provide future work finding services. If we did not place you in a role, we delete your records after 1 year. All hirer records are retained for 6 years.
|Hirer records including client details,
terms of business (see below),
|Terms of business with clients||Regulations provide 6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980). Terms of business are kept for 6 years.|
|Annual leave records||2 years from the time they were created|
|Annual appraisal/assessment records||2 years from the time they were created|
|References||Regulations require references to be kept for 1 year following the introduction or supply of a workseeker to a client. We do not hold information on references as this is handled by the client directly or managed by our sub-contractor Cataphract Limited.|
|Records held relating to right to work in the UK||2 years after employment or engagement has ended – must not be alterable. We no longer hold evidence on Right to Work in the UK as this is managed through our sub-contractor Cataphract Limited.|
|Sickness records – statutory sick pay||3 years from the end of the tax year to which it relates|
|Statutory maternity, paternity, adoption pay||3 years from the end of the tax year to which it relates|
|Pensions auto-enrolment (including autoenrolment date, joining date, opt in and opt out notices, contributions paid)||6 years except for opt out notices which should be kept for 4 years.|
|Statutory maternity, paternity, adoption pay||3 years from the end of the tax year to which it relates|
|Company accounts||6 years|
|Payroll information||3 years from the end of the tax year|
This Policy was last reviewed on 5th July 2019.