|Company Name:||Marc Daniels Specialist Recruitment Ltd (‘the Company’)
|Company Contact details:
|Data Protection Officer:
Marina Billington, HR Manager, email@example.com
Tel: 01628 788588
|Privacy Notice (when personal data is obtained from the data subject)
|24th May 2021|
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.
- 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:
- Where we have a legitimate interest
- To fulfil a contractual obligation that we have with you – e.g. for internal employees and PAYE temporary workers
- To comply with a legal obligation that we have – e.g. right to work in the UK checks for internal employees
- Your consent – e.g. for the collection of sensitive personal data and unspent criminal convictions)
b. Legitimate interest
Marc Daniels Specialist Recruitment Ltd. (“the Company”) is a recruitment consultancy providing work-finding services to both candidates and clients as part of their business. The Company processes personal data in order to be able to provide these services.
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;
- Contacting the individual to seek their consent where we need it;
- Providing work-finding services to the individual, including sending their information to our clients where they have demonstrated an interest in doing that particular type of work but not expressly consented to you passing on their CV;
- Contacting the individual with information about similar products or services that they have used from us recently; and
- In addition, the Company needs to check the identity of candidates, their right to work and qualifications as well as process pay and manage entitlement to certain statutory rights. It is in the legitimate interests of all parties involved – the Company (the recruiter), the work-seeker and the client – that the recruitment consultancy can process personal data.
c. Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- Client organisations;
- Candidates’ former or prospective new employers that the Company obtains or provides references to;
- Payroll organisations;
- Systems suppliers e.g. CRM systems, IT suppliers;
- Umbrella company suppliers;
- Other recruitment agencies in the supply chain;
- Any public information sources and third-party organisations that the Company may use to carry out suitability checks on work-seekers e.g. the Chartered Institute of Management Accountants, the Disclosure and Barring Service (DBS).
- Government, law enforcement agencies and other regulators e.g. the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI).
Not all of these will apply to all individuals, some are only relevant for e.g. temporary workers.
d. Statutory/contractual requirement
Some of 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, unfortunately, not be able to provide a work-finding service for you.
- Overseas Transfers
The Company may in exceptional circumstances transfer only the information you provide to us to countries outside the UK 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.
- Data retention
The Company will retain your personal data only for 5 years. 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 sensitive personal data, we will do so in line with our retention policy.
a. Marc Daniels Retention Policy for sensitive personal information
Marc Daniels collects, upon obtaining your explicit consent, the minimal amount of sensitive personal data necessary to perform its legal and contractual obligations, for example in cases when such data is relevant to the particular role that the Company is recruiting for.
This data will be processed and held securely. The data will only be held for 5 years. Where consent is withdrawn the Company will cease to process your 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 – NB If your data is deleted by the Company at your request, the Company cannot guarantee that they will not contact you again in the future if your information is on a public job board as this may be found by our Consultants in a search for candidates when recruiting particular roles;
- 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 sensitive personal data you have the right to withdraw that consent at any time by contacting the Company’s Data Protection Officer:
- Marina Billington, HR Manager, firstname.lastname@example.org, Tel: 01628 788588
Alternatively, a consent withdrawal can be requested by emailing email@example.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.
- Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact the Company’s Data Protection Officer:
Marina Billington, HR Manager, firstname.lastname@example.org, Tel: 01628 788588
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.