Privacy Policy Notice (Direct)

Company Name:

Hernshead Recruitment LTD (‘the Company’)

Company Contact details:

Data Protection Officer:
Tom Johnson
[email protected]
07837989715

Document DP5A

Privacy Notice (when personal data is obtained directly from the data subject)

Topic:

Data protection

Date:

15/7/2019

Date:

15/7/2019

Version:

V.1.0

The Company is a recruitment business which provides work-finding services to its clients and workseekers. 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. Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

Candidates:

  • To contact the data subject about permanent employment opportunities and contract/temporary assignments that are suitable for their skill set and experience to the best of our knowledge.

Clients:

  • To provide the data subject with candidates relevant to employment opportunities and/or contract temporary workforce that are suitable for their business to the best of our knowledge.

c. Recipient/s of data

The Company will process your personal data and/or sensitive personal data with the following recipients:

  • Clients (for work seeking purposes)
  • 3rd Party payment providers whom we may introduce you to such as but not limited to Umbrella Companies
  • Bullhorn (CRM Database)
  • Police
  • HMRC
  • Master Vendors (other recruitment agencies within the supply chain)
  • IT Suppliers

 

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. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:

  • We may not be able to provide work-finding services to you

 

2. Overseas Transfers [Optional]

The Company will not transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

3. 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.

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 data, we will do so in line with our retention policy:

Candidate personal data – 5 years since the last contact with you, where contact means addition of your personal data to our database, placement into a role or there is a record of verbal or written communication with you. Candidates includes applicants for all vacancies we advertise, including permanent, part-time and temporary positions with any of our clients. This also includes individuals put forward by any of our clients.

Contractor financial data – 7 years following the last payment made. Contractors includes any Candidate who we have placed and made a payment to.

We will endeavour to permanently erase your personal data once it reaches the end of its retention period or where we receive a valid request from you to do so. However, some of your data may still exist within our systems. For our purposes, this data will be put beyond use, meaning that while it still exists on a system, it cannot be readily accessed by operational systems, processes or staff.

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

4. 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 Tom Johnson.

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.

5. Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Tom Johnson ([email protected])

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.