We are TBC Recruitment Limited trading as Vital People (throughout “we”, “us”, “our” and “ours”)of Hilliards Court, Chester Business Park, Chester. CH4 9QP including, for the purposes of this agreement, our branch offices and our subsidiary companies (as defined by s.1159 Companies Act 2006) or associated bodies corporate (as defined by s.256 Companies Act 2006).
DATA PROTECTION POLICY
Annex – legal bases for processing personal data
Website Privacy Statement
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.
As a Recruitment Business and an Employment Agency, 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.
This policy sets out how the Company implements the Data Protection Laws. It should be read in conjunction with the Data Protection Procedure.
The Company is an employer which provides commercial services to its clients. 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
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. The legal bases we rely upon to offer these services to you are:
Legitimate interest/legal obligations
Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
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. We are required to provide details of your name and qualifications to our clients for health and safety and security purposes and failure on us to provide such information may result in you being refused access to site.
Your personal data is required by law by us as an employer and we are required to hold payroll information for a period of 6 years to ensure compliance with tax legislation and HMRC. This information includes your name, national insurance number and pay details.
Additional personal data is required by us as an employer to ensure your right to work in the UK and that you are receiving your employee entitlement. Such information includes copies of your passport, official documents confirming address and right to work, sick pay records, holiday pay and pensions information.
If you have not opted out, Your personal data is required by us to be provided to our pensions provider in order to ensure you are receiving the correct pensions contributions.
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.We must also keep payroll records of any directly employed PAYE workers, 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 (specifically; full name, address, date of birth, phone number, email, NI number, professional qualifications, right to work
information), we will do so in line with our retention policy (a copy of which is available on request). 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.
Please be aware that you have the following data protection rights:
Where you have consented to the Company processing your personal data you have the right to withdraw that consent at any time by contacting the Data Controller.
In this policy the following terms have the following meanings:
‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her;
‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;
‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;
‘personal data’* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;
‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual;
‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions. [Note 1]
* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we specifically need to refer to sensitive personal data.
‘Supervisory authority’ means an independent public authority which is responsible for monitoring the application of data protection. In the UK the supervisory authority is the Information Commissioner’s Office (ICO).
Data Processing under the Data Protection Laws
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 Z2121428.
The Company may hold personal data on individuals for the following purposes:
The Data Protection Laws require the Company acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:
The Company will only process personal data where it has a legal basis for doing so (see Annex A). Where the Company does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.
The Company will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.
Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support)), the Company will establish that it has a legal reason for making the transfer.
The Company has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes implementing measures such as:
For further information please refer to the Company’s Information Security Policy.
When you register with the company or when you apply for a job through our website (or a third party website) you ask us to provide you with work finding services an/or employment services. When you do so you will consent to us using your personal data for those specific purposes. We will not use your data for any other reason. The types of data we will use are as follows:
Sensitive personal data
You will normally consent to the Company processing the above personal data for the following purposes:
You will also consent to the Company processing your personal data with third parties including [The REC] for the purposes of internal audits and investigations carried out on the Company to ensure that the Company is complying with all relevant laws and obligations.
Rights of the Individual
The Company shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. The Company may provide this information orally if requested to do so by the individual.
Where the Company collects personal data from the individual, the Company will give the individual a privacy notice at the time when it first obtains the personal data.
Where the Company collects personal data other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month. If the Company intends to disclose the personal data to a third party then the privacy notice will be issued when the personal data are first disclosed (if not issued sooner).
Where the Company intends to further process the personal data for a purpose other than that for which the data was initially collected, the Company will give the individual information on that other purpose and any relevant further information before it does the further processing.
The individual is entitled to access their personal data on request from the data controller.
The individual or another data controller at the individual’s request, has the right to ask the Company to rectify any inaccurate or incomplete personal data concerning an individual.
If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual or another data controller at the individual’s request, has the right to ask the Company to erase an individual’s personal data.
If the Company receives a request to erase it will ask the individual if s/he wants his personal data to be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). The Company cannot keep a record of individuals whose data it has erased so the individual may be contacted again by the Company should the Company come into possession of the individual’s personal data at a later date.
If the Company has made the data public, it shall take reasonable steps to inform other data controllers and data processors processing the personal data to erase the personal data, taking into account available technology and the cost of implementation.
If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual or a data controller at the individual’s request, has the right to ask the Company to restrict its processing of an individual’s personal data where:
If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual shall have the right to receive personal data concerning him or her, which he or she has provided to the Company, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller in circumstances where:
The processing is based on the individual’s consent or a contract; and
Where feasible, the Company will send the personal data to a named third party on the individual’s request.
The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. The individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest.
The Company shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
The individual has the right to object to their personal data for direct marketing.
All requests regarding individual rights should be sent to the person whose details are listed in the Appendix.
The Company shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. The Company may extend this period for two further months where necessary, taking into account the complexity and the number of requests.
Where the Company considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature the Company may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
The Company will not subject individuals to decisions based on automated processing that produce a legal effect or a similarly significant effect on the individual, except where the automated decision:
The Company will not carry out any automated decision-making or profiling using the personal data of a child.
Personal Data Breaches
Reporting personal data breaches
All data breaches should be referred to the persons whose details are listed in the Appendix.
Where the Company establishes that a personal data breach has taken place, the Company will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual the Company will notify the ICO.
Where the personal data breach happens outside the UK, the Company shall alert the relevant supervisory authority for data breaches in the effected jurisdiction.
The Company will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.
Where the Company has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, the Company shall tell all affected individuals without undue delay.
The Company will not be required to tell individuals about the personal data breach where:
It would involve disproportionate effort to tell all affected individuals. Instead, the Company shall make a public communication or similar measure to tell all affected individuals
The Human Rights Act 1998
All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:
Protection from discrimination in respect of rights and freedoms under the HRA (Article 14)
If you have a complaint or suggestion about the Company’s handling of personal data then please contact the person whose details are listed in the Appendix to this policy.
Alternatively you can contact the ICO directly on 0303 123 1113 or at https://ico.org.uk/global/contact-us/email/
Names of those responsible for:
Tiffany Fox, Operations Director
Pam Wilcox, Operations Manager
The lawfulness of processing conditions for personal data are:
WEBSITE PRIVACY STATEMENT
The Company will collect the personal details that you provide to us on our website for the purposes of providing you with services and/or information. In providing such services and/or information to you we will only use your personal data in accordance with the terms of the following statement.
This statement sets out below:
Information Collection and Use
The Company collects information from our users at several different points on our website. The Company is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others, except with our clients for work-finding services when these have demonstrated valid interest in progressing the user in the recruitment process.
We request information from you on our online registration forms. Here you must provide contact information and information regarding the type of work you are seeking and your skills, qualifications and experience. This information is used to enable us to provide you with work-finding services. If we have trouble processing your application, this contact information is used to get in touch with you.
Cookies 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 of the site.
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. [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.
We may share aggregated demographic information with our clients. This is not linked to any personal information that can identify any individual person.
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.
This website contains links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such other sites. We encourage you to be aware of this when you leave our site and 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.
The Company takes every precaution to protect our users’ information. Security measures in relation to the personal data processed: [e.g. firewalls, browser certification technology, encryption, limited access, use of passwords etc. as appropriate].
Only employees who need the information to perform a specific job (for example, 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 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.
If you have any questions about the security at our website, you can send an email to Pam Wilcox, Operations Manager on firstname.lastname@example.org or to Tiffany Fox, Operations Director on email@example.com.
Correction/Updating Personal Information
If your personally identifiable information changes (such as office address), we will endeavour to provide a way to correct, update or remove the personal data provided to us. This can usually be done by emailing Pam Wilcox, Operations Manager – firstname.lastname@example.org or Tiffany Fox, Operations Director – email@example.com.
Notification of Changes
This policy was last updated 25th May 2018.
Complaints or queries
The Company tries to meet the highest standards when collecting and using personal information. We take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.
If you wish to complain about this policy or any of the procedures set out in it please contact:
Pam Wilcox, Operations Manager – firstname.lastname@example.org / 01244 434 386
Tiffany Fox, Operations Director – email@example.com / 0161 4740254
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