ACS Recruitment Solutions Ltd (‘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.
What is personal data?
Personal data is data that can identify you as a living individual. There is general personal data such as name, address, National Insurance number and online identifiers/location data. There is also sensitive personal data which includes information on physical and mental health, sexual orientation, race or ethnic origin, religious beliefs, trade union membership and criminal records. Sensitive personal data must be protected to a higher level.
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.
Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
In providing our Recruitment Services, we will carry out some processing of personal data which is necessary for the purpose of our legitimate interests, which include:
Using your personal data to:
- assess suitability and contact you regarding potential opportunities and/or our services
- source potential opportunities or roles as part of our Recruitment Services
- personalise your experience and our offering, whether via our website or otherwise
- updating our databases
- putting you forward for job opportunities
- arranging payments to you (temporary candidates)
- processing invoices and collecting payments from you (clients)
This means that for our commercial viability and to pursue these legitimate interests, we may continue to process your personal data for as long as we consider necessary for these purposes.
The Company may collect the following personal data on you:
If you are a company asking us to recruit for you, the type of personal information we require will be your contact details (as well as the contact details of anyone else relevant in the organisation) and your signature confirming acceptance to the terms of business.
If you are an individual seeking work-finding services, the type of personal information we require will include
- Telephone Numbers
- Email Address
- Date of Birth
- NI Insurance Number
- Bank Details
- Employment History
Sensitive personal data:
- Criminal Convictions
- Diversity Ethnicity/Disability/Gender/Sexual Orientation
Our recruiters may also note additional information about you during the registration interview regarding gaps in CV or store a photo or physical description of you as a reminder of who you are.
b. Legitimate interest
- Carrying out the commercial activity for the provision of Recruitment Services
c. Recipient/s of data
We shall not share your personal information unless we are entitled to do so. The categories of persons with whom we may share your personal information include:
Individuals, hirers and other third parties, necessary for the provision of our Recruitment Services. Any regulatory authority or statutory body pursuant to a request for information or any legal obligation which applies to us.
Parties who process data on our behalf include:
- IT support & CRM Provider
- storage service providers including cloud
- Payroll/Pension Provider (if providing temporary work)
A full list of these recipients is available upon request.
d. Statutory/contractual requirement
Your personal data is required by 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:
There may be circumstances where we require you to provide data which is necessary for us to meet statutory or contractual obligations, or perform our Recruitment Services. If you do not wish to provide us with information we request then please notify us. However, please be aware that as a result we may be unable to provide you, or the party you represent, with a Recruitment Service, and in some cases, this may result in a breach of the contract we have with you or a third party you represent.
e. Consent to our processing of your data:
We may process your personal data on the basis that you have consented to us doing so for a specific purpose
You may withdraw your consent to our processing of your personal information for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.
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 pension 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 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 and sensitive personal data.
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.
Should you wish to exercise these rights, please contact firstname.lastname@example.org. 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 email@example.com.
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Simone Moore, firstname.lastname@example.org or by telephone on 01604 704058.
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.
"ACS Recruitment Solutions Ltd (‘the Company’)"
24th May 2018