Company Name:
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QED (‘the Company’) |
Company Contact details:
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Janine Sheeran Janine |
Document DP5A
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Privacy Notice (when personal data is obtained directly from the data subject) |
Topic: |
Data protection |
Date: |
1/05/18 |
Version: |
00018 |
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.
1. 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.
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.
The legal bases we rely upon to offer these services to you are:
· Your consent
· Where we have a legitimate interest
· To comply with a legal obligation that we have
· To fulfil a contractual obligation that we have with you
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.
c. Recipient/s of data
The Company will process your personal data with the following recipients:
· Clients that we introduce or supply individuals to.
d. 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.
Recruitment businesses must collect certain personal data to meet statutory obligations, such as the Conduct of Employment Agencies and Employment Businesses Regulations 2003 – for example, they have to check identity, right to work, suitability for the role, qualifications and experience.
2. Data retention
The Company will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also 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 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 data
3. 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 Janine Sheeran – email janine@qedgb.com
There may be circumstances where the Company will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting 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.
4. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Janine Sheeran – email janine@qedgb.com.
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.
a) The lawfulness of processing conditions for personal data are:
1. Consent of the individual for one or more specific purposes.
2. 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.
3. Processing is necessary for compliance with a legal obligation that the controller is subject to.
4. Processing is necessary to protect the vital interests of the individual or another person.
5. 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.
6. 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.
b) The lawfulness of processing conditions for sensitive personal data are:
Section |
Related Note |
Description |
Amendments made in May 2018 to the March 2018 version |
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1a. |
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We have included more detail on the types of processing a recruitment business might do as part of its work-finding services. |
1c. |
Old note 4 |
We have deleted the words “The Company will not process your data with any third party”. In reality recruiters will always process a work-seeker’s personal data with at least a client. |
1d. |
Old note 6 |
We have deleted the words “Your personal data is not required as part of a statutory and/or contractual requirement, and/or a requirement necessary to enter into a contract”. Recruitment businesses must collect certain personal data to meet a range of statutory obligations, for example, the Conduct of Employment Agencies and Employment Businesses Regulations 2003. |
|
Various |
We have added more detail to a number of notes and added hyperlinks to the new ICO guidance and interactive tool. |