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. The legal bases we rely upon to offer these services to you are:
* Legitimate interest
* Legal obligation
* Contractual obligation
b. Legitimate interest
Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
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.
c. Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
* Clients including Master and Neutral Vendors- third party category
* Statutory requirements including HMRC and Pension provider NEST – third party category
* Bank and Building Societies – for payment purposes – third party category
* IT support & Testing companies – sub-processors – Helpdesk access
* Accountant – third party category – audit purposes
* Disposal Company – controlled and confidential shredding
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:
Without this information we would not be able to provide work seeking services.
2. Overseas Transfers
The Company may transfer only the information you provide to us to countries outside the European Economic Area (‘EEA’) 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. 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. 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 personal and sensitive personal data, we will collect, store, and use the following categories of personal information about you:
Your CV including any information volunteered therein and any Personal Statements connected therewith. This may include but is not limited to:
* name, address and contact details,
* employment history,
* education and training history,
* age or date of birth,
* driving status,
* marital status
a) The lawfulness of processing conditions for sensitive personal data are:
1. Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.
2. Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.
3. Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.
4. In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.
5. Processing relates to personal data which are manifestly made public by the individual.
6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
7. Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.
8. Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.
9. Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.
10. Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.
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 and sensitive 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 and sensitive personal data you have the right to withdraw that consent at any time by contacting any representative of Jobseekers Recruitment Services Ltd or the data protection officer.
5. Automated decision-making
If Jobseekers Recruitment Services Ltd uses automated decision-making, including profiling, the Company will provide meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
6. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: any representative of Jobseekers Recruitment Services Ltd or the data protection officer.
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.
Table of Retention Dates Document type How long to keep for (and source of requirement)
* Work-seeker records including application form/CV, ID checks, terms of engagement (see also below), details of assignments, opt-out notices and interview notes
* Hirer records including client details, terms of business (see below), assignment/vacancy details. 2 years from the last date of providing work-finding services as an Employment Agency or Employment Business (Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations))
Terms of engagement with temporary worker and terms of business with clients 6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980) (5 years in Scotland).
Working time records:
* 48 hour opt out notice / Annual leave records 2 years from the time they were created
Annual appraisal/assessment records No specific period – under data protection laws you should only keep records for as long as is necessary.
References Under data protection laws, only keep records for as long as is necessary.
Records held relating to right to work in the UK 2 years after employment or engagement has ended – must not be alterable.
Criminal records checks/ Disclosure Barring checks There is no longer a 6 month time limit on how long DBS certificates can be kept for. When it comes to handling and storing certificates the new DBS Code requires registered bodies to ‘handle all information provided to them by DBS, as a consequence of applying for a DBS product, in line with the obligations under Data protection Act 1998’ .
National Minimum Wage documentation:
* Total pay by the worker and the hours worked by the worker
* Overtime/shift premia;
* Any deduction or payment of accommodation;
* Any absences eg rest breaks, sick leave, holiday;
* Any travel or training during working hours and its length;
* Total number of hours in a pay reference period For HMRC purposes: 6 years in order to show that you have paid at least national minimum wage rates if a breach of contract claim is brought against you.
Sickness records – statutory sick pay Records can be kept in a flexible manner which best suits your business but should be kept for payroll purposes
Statutory maternity, paternity, adoption pay For HMRC purposes: 6 years from the end of the tax year to which it relates
Pensions auto-enrolment (including auto- enrolment date, joining date, opt in and opt out notices, contributions paid) 6 years except for opt out notices which should be kept for 4 years.
Company financial records
VAT For HMRC purposes: 6 years
Company accounts For HMRC purposes: 6 years
* Payroll information
For HMRC purposes: 6 years