POLICIES

PRIVACY POLICY

In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.

The Company is a employment agency and employment 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 person data in accordance with this privacy statement.  At all times we will comply with current data protection laws.

DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that: 

a)     processing is fair, lawful and transparent

b)    data is collected for specific, explicit, and legitimate purposes

c)     data collected is adequate, relevant and limited to what is necessary for the purposes of processing

d)    data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay

e)     data is not kept for longer than is necessary for its given purpose

f)     data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures

g)    we comply with the relevant GDPR procedures for international transferring of personal data 

CANDIDATES

TYPES OF DATA HELD

We keep several categories of personal data on our prospective employees in order to carry out effective and efficient processes. We keep this data in recruitment files relating to each vacancy and we also hold the data within our computer systems, for example, recruitment logs.

 Specifically, we hold the following types of data: 

a)     personal details such as name, address, phone numbers;

b)    name and contact details of your next of kin;

c)     your photograph;

d)    your gender, marital status, information of any disability you have or other  medical information;

e)     right to work documentation;

f)     information on your race and religion for equality monitoring purposes;

g)    information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter;

h)    references from former employers;

i)      details on your education and employment history etc;

j)      National Insurance Number

k)    Bank Account Details

l)      Tax Codes

m)  driving licence;

n)    criminal convictions

o)    information relating to your employment with us, including:

i)         job title and job description

ii)        pay rates 

COLLECTING YOUR DATA

You provide several pieces of data to us directly during the recruitment exercise.

In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.

Should you be successful in your job application, we will gather further information from you, for example, your bank details and next of kin details, once your employment begins.

LAWFUL BASIS FOR PROCESSING

The law on data protection allows us to process your data for certain reasons only.

The information below categorises the types of data processing we undertake and the lawful basis we rely on.

Activity requiring your data

Lawful basis

Carrying out checks in relation to your right to work in the UK

Legal obligation

Making reasonable adjustments for disabled employees

Legal obligation

Making recruitment decisions in relation to both initial and subsequent employment e.g. in order to effectively manage the contract for services we have with you, including ensuring you are paid correctly

Our legitimate interests

 

Making decisions about salary and other benefits

Our legitimate interests

Making decisions about contractual benefits to provide to you

Our legitimate interests

Assessing training needs

Our legitimate interests

Dealing with legal claims made against us

Our legitimate interests

Preventing fraud

Our legitimate interests

SPECIAL CATEGORIES OF DATA

Special categories of data are data relating to your:

h)    health

i)      sex life

j)      sexual orientation

k)    race

l)      ethnic origin

m)  political opinion

n)    religion

o)    trade union membership

p)    genetic and biometric data.

 We carry out processing activities using special category data:

a)     for the purposes of equal opportunities monitoring

b)    to determine reasonable adjustments

 Most commonly, we will process special categories of data when the following applies:

a)     you have given explicit consent to the processing

b)    we must process the data in order to carry out our legal obligations

c)     we must process data for reasons of substantial public interest

d)    you have already made the data public.

CRIMINAL CONVICTION DATA

We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, however, may also be collected during your employment. We use criminal conviction data to determine your suitability, or your continued suitability for the role. We rely on the lawful basis of carrying out our legal obligation to process this data.

WHO WE SHARE YOUR DATA WITH

Employees within our company who have responsibility for recruitment will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR. 

Data is shared with third parties in order to find you suitable employment and in order to pay you.  These third parties include:

  • Clients – for work finding purposes
  • Candidates’ former or prospective new employers that we obtain or provide references to
  • Any other third parties who carry out audits to ensure we run our business correctly
  • Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers
  • Our insurers
  • Our legal advises
  • Our IT and CRM providers
  • Any public information sources and third party organisations that we may use to carry out suitability checks on work-seekers e.g. Companies House, the Disclosure and Barring Service (DBS), DVLA, credit reference agencies
  • 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

 We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.

 We do not share your data with bodies outside of the European Economic Area.

 PROTECTING YOUR DATA

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.

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. 

RETENTION PERIODS

We only keep your data for as long as we need it for, which, in relation to unsuccessful candidates, is six months to a year.

If your application is not successful and we have not sought consent or you have not provided consent upon our request to keep your data for the purpose of future suitable job vacancies, we will keep your data for six months once the recruitment exercise ends.

If we have sought your consent to keep your data on file for future job vacancies, and you have provided consent, we will keep your data for nine months once the recruitment exercise ends. At the end of this period, we will delete or destroy your data, unless you have already withdrawn your consent to our processing of your data in which case it will be deleted or destroyed upon your withdrawal of consent.

Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data and there will be no consequences of withdrawing consent.

Different laws may also require us to keep different data for different periods of time.  For example, 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 pension’s auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.  This is currently 3 to 6 years.

AUTOMATED DECISION MAKING 

Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. We will make some decisions about you based on automated decision making (where a decision is taken about you using an electronic system without human involvement).

For example our computerised system will track your temporary assignments in order to let us know when you become entitled to parity of pay with a particular client and to alert us when you become entitled to a higher rate of pay under the National Living Wage

YOUR RIGHTS

You have the following rights in relation to the personal data we hold on you:

q)    the right to be informed about the data we hold on you and what we do with it;

r)     the right of access to the data we hold on you. We operate a separate Subject Access Request policy and all such requests will be dealt with accordingly;

s)     the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;

t)      the right to have data deleted in certain circumstances. This is also known as ‘erasure’;

u)    the right to restrict the processing of the data;

v)    the right to transfer the data we hold on you to another party. This is also known as ‘portability’;

w)  the right to object to the inclusion of any information;

x)    the right to regulate any automated decision-making and profiling of personal data.

In addition to the above rights, you also have the unrestricted right to withdraw consent, that you have previously provided, to our processing of your data at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.

If you wish to exercise any of the rights explained above, please contact Eleanor McGilvray

CLIENTS

The data we hold is limited and consists of the names and contact details of the relevant staff who are involved in the recruitment of permanent staff or the booking and supervision of temporary workers as well as the relevant staff in the accounts department.

We get this information directly from you or from third parties e.g. our candidates, websites and other media

Data is collected and used in order to communicate with you in regard to providing suitable temporary and permanent workers to the organisation as well as invoicing for our services

SUPPLIERS

Data is collected and used to enable us to place orders.  We need contact details of the relevant individuals at your company so that we can communicate with you.  We also need bank details so that we can pay for the services that you provide.  We get this information directly from you.

 MAKING A COMPLAINT

If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.

DATA PROTECTION COMPLIANCE

Our appointed compliance officer in respect of our data protection activities is:

Name:  Eleanor McGilvray

Email:   eleanor@londonstaffbureau.co.uk

London Staff Bureau

We are an independent, multi-disciplined recruitment agency with the knowledge and experience usually found in large agencies, combined with the flexibility and friendliness of a privately owned company.

London Staff Bureau
Winchester House
259-269 Old Marylebone Road
London NW1 5RA

Tel: 020 7328 3304

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