Company Name: Clearnorth Recruitment ltd
Company Contact details: Tracey Hutchison, Director Email: [email protected] Tel: 01946372172
Policy Privacy : Date: 3/5/2021
Version: 2
Clearnorth Recruitment Ltd are registered with the ICO as a data controller. Our registration reference is ZA343860
Clearnorth Recruitment Ltd is a recruitment business which provides work-finding services to its clients and work-seekers. Clearnorth Recruitment Ltd must process personal data so that it can provide these services – in doing so, Clearnorth Recruitment Ltd acts as a data controller.
A number of elements of the personal data we collect from you are required to enable us to fulfil our contractual duties to you or to others and are required by statute or other laws. Other items may simply be needed to ensure that our relationship is efficient.
Depending on the type of personal data in question and the grounds on which we may be processing it, should you decline to provide us with such data, we may not be able to fulfil our contractual requirements or, in extreme cases, may not be able to continue with our relationship.
1. The types of personal data we collect:-
CANDIDATE DATA: Clearnorth Recruitment Ltd want to offer you employment opportunities that are tailored to you. We only ask for details that will genuinely help us to help you, such as your name, age, contact details, education details, employment history, emergency contacts, immigration status, ID documents and for our contractors, ltd company details, NI numbers and bank details in order for us to pay you. (and you may choose to share other relevant information with us). Where appropriate and in accordance with UK law, we may also collect information related to your health, diversity information or details of any criminal convictions.
CLIENT DATA: We need to collect and use information about you, or individuals at your organisation, in the course of, providing you services. We collect the details for our contacts within your organisation, such as names, telephone numbers and email addresses.
SUPPLIER DATA: We need contact details of relevant individuals at your organisation so that we can communicate with you. We also need other information such as your bank details so that we can pay for the services you provide.
PEOPLE WHOSE DATA WE RECEIVE AS REFEREES AND EMERGENCY CONTACTS: In order to provide candidates with suitable employment opportunities we undertake some basic background checks. We only ask for very basic contact details, so that we can get in touch with you either for a reference or because you’ve been listed as an emergency contact for one of our contractors or staff.
WEBSITE USERS: We collect a limited amount of data from our website users. This includes information such as how you use our website, the frequency with which you access our website, and the times that our website is most popular.
2. How we collect your data
CANDIDATE DATA: We collect candidates’ personal data in three ways:
a) Personal data that you give to us;
We need certain information about you, in order that we provide a tailored service. This will enable us to provide you with the best opportunities.
You share your data with us in the following ways-
• Entering your details on our website or via an application form, as part of the registration process;
• Leaving a hard copy CV at our office or at and event we are attending;
• Emailing your CV to a consultant or being interviewed by them;
• Applying for jobs through a job site, which will forward your details to us, usually via email
• Sending your data to us through a social media channel
b) Personal data that we receive from other sources;
We also receive personal data about candidates from other sources. For example:-
• Your referees;
• Our clients or other candidates;
• Searching for potential candidates from third party sources, such as LinkedIn and other job sites; and
• If you ‘like’ our page on Facebook or ‘follow’ us on Twitter we will receive your personal information from those sites
c) Personal data that we collect automatically.
To the extent that you access our website or read or click on an email from us, where appropriate and in accordance with UK Law, we may also collect your data automatically.
CLIENT DATA We collect client personal data in three ways:
a) Personal data that we receive directly from you
• Where you contact us proactively, usually by phone or email;
• Where we contact you, either by phone or email, or personally at business networking events through our consultants’ business development activities.
b) Personal data that we receive from other sources
• By analysing online and offline media (which we may do ourselves, or employ other organisations to do for us);
• From delegate lists at relevant events;
• From other limited sources and third parties (for example from our candidates to the extent that they provide us with your details to act as a referee for them).
c. Personal data that we collect automatically, through the normal course of consultants’ business development activities
WEBSITE USERS:
When you visit our website there is certain information that we may automatically collect, whether or not you decide to use our services. This includes your IP address, the date and the times and frequency with which you access the website and the way you browse its content.
c. Purpose of processing and legal basis
The Company will collect your personal data and will process your personal data for the purposes of providing work-finding services. The legal bases we rely upon to offer these services to you are:
a) Legitimate interest
Article 6(1)(f) of the GDPR says that we can process your data where it “is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data.”
We don’t think that any of the following activities prejudice individuals in any way – in fact, they help us to offer you a more tailored, efficient service. However, you do have the right to object to us processing your personal data on this basis. We explain how you can do this in section 7 of this notice.
CANDIDATE DATA:
We think it’s reasonable to expect that if you are looking for employment or have posted your professional CV information on a job board or professional networking site, you are happy for us to collect and otherwise use your personal data to offer or provide our recruitment services to you and assess your skills against our bank of vacancies. Any prospective employer we introduce you to may also want to double check any information you’ve given us or confirm your references, qualifications and criminal record, to the extent that this is appropriate and in accordance with UK Law. We keep a record of our conversations, meetings and details of the jobs and clients we discuss with you. We keep this data so that we can function as a profit-making business, and to help you find the job you want.
We want to provide you with tailored job recommendations and relevant articles to read to help you on your job hunt. We therefore think it’s reasonable for us to process your data to make sure that we send you the most appropriate content.
We have to make sure our business runs smoothly, so that we can carry on providing services to you. We therefore also need to use your data for our internal administrative activities, like payroll and invoicing where relevant.
We have our own obligations under the law, which it is a legitimate interest of ours to meet. If we believe in good faith that it is necessary, we may therefore share your data in connection with crime detection, tax collection or actual or anticipated litigation.
CLIENT DATA:
To ensure that we provide you with the best service possible, we store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of our conversations, meetings, registered jobs and placements.. We think this is reasonable – we deem these uses of your data to be necessary for our legitimate interests as an organisation providing various recruitment services to you.
SUPPLIER DATA:
We use and store the personal data of individuals within your organisation in order to facilitate the receipt of services from you as one of our suppliers. We also hold your financial details, so that we can pay you for your services. We deem all such activities to be necessary within the range of our legitimate interests as a recipient of your services.
PEOPLE WHOSE DATA WE RECEIVE AS REFEREES AND EMERGENCY CONTACTS:
If your details have been supplied to us by a candidate or a prospective member of staff as one of their referees, we use your personal data in order to contact you for a reference. This is a part of our quality assurance procedure and so we deem this to be necessary for our legitimate interests as an organisation offering recruitment services and employing people ourselves.
If a candidate or staff member has given us your details as an emergency contact, we will use these details to contact you in the case of an accident or emergency. We are sure you will agree that this is a vital element of our people-orientated organisation, and so is necessary for our legitimate interests.
b) Consent
In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent or soft opt-in consent.
Article 4(11) of the GDPR states that (opt-in) consent is “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” In plain language, this means that:
• you have to give us your consent freely,
• you have to know what you are consenting to,
• you should have control over which processing activities you consent to and which you don’t,
• you need to take positive and affirmative action in giving us your consent,
We will keep records of the consents that you have given in this way on our CRM system.
We have already mentioned that, in some cases, we will be able to rely on soft opt-in consent. We are allowed to market products or services to you which are related to the recruitment services we provide as long as you do not actively opt-out from these communications
You have the right to withdraw your consent to these activities. You can do so at any time.
ESTABLISHING, EXERCISING OR DEFENDING LEGAL CLAIMS
Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with UK laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing “is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity”.
This may arise for example where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.
4. Recipient’s of data
CANDIDATE DATA: Primarily we will share your information with prospective employers to increase your chances of securing the job you want. We will always gain your consent before sharing your data with our clients.
We also may share your data with the following;-
• Individuals and organisations who hold information related to your reference or application to work with us, such as current, past or prospective employers, educators and examining bodies and employment and recruitment agencies;
• Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data. Eg; Quarterly intermediary report supplied to HMRC
• Third party service providers who perform functions on our behalf (including external consultants, business associates and professional advisers such as lawyers, auditors and accountants, technical support functions and IT consultants.
• Third party outsourced IT and document storage providers.
CLIENT DATA, SUPPLIER DATA, PEOPLE WHOSE DATA WE RECEIVE AS REFEREES AND EMERGENCY CONTACTS: We will share your data associated with;
• Third party service providers who perform functions on our behalf (including external consultants, business associates and professional advisers such as lawyers, auditors and accountants, technical support functions and IT consultants.
• Third party outsourced IT and document storage providers.
5. 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.
If we have not had meaningful contact with you (or, where appropriate, the company you are working for or with) for a period of two years, we will delete your data from our systems unless we believe in good faith that the law or other regulation requires us to preserve it (for example, because of our obligations to tax authorities or in connection with any anticipated litigation).
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. 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.
6. How we safeguard your personal data.
We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures. These include measures to deal with any suspected data breach.
If you suspect any misuse or loss of or unauthorised access to your personal information please let us know immediately.
7. 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;
Data Subject Access Requests (DSAR): You have the right to ask us to confirm what information we hold about you at any time, and you may ask us to modify, update or delete information. At this point we may comply with your request or, additionally do one of the following:
We may ask you to verify your identity, or ask for more information about your request; and where we are legally permitted to do so, we may decline your request, but we will explain why if we do so.;
• 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 processing your personal data you have the right to withdraw that consent at any time by contacting Tracey Hutchison on [email protected]
8. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Tracey Hutchison on
[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.
