Privacy Notice – Recruitment
Privacy Notice for Temporary and Permanent Recruitment
SVC Group Ltd/ SVC Technical Ltd (“the Company”)
18 Westside Centre, London Road, Stanway, Colchester Essex CO3 8PH
This document is to be used as part of the candidate registration process for Temps and Perms when personal data is obtained from the data subject, and when personal data is obtained from a 3rd party i.e. Job Board/ LinkedIn.
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 also known as special category 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 lawful 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 lawful bases we rely upon to offer these services to you are:
- Legitimate interest
- Your consent
- To comply with a legal obligation that we have
- To fulfil a contractual obligation that we have with you
b. Legitimate interest
This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is:
- Applicable as an agency providing work finding services for you as an individual seeking work
Where the Company relies on Consent to process your personal data (which may include sensitive personal data) your consent is:
- For the specific purpose of processing your data in relation to providing you with work-finding services.
- Where the Company intends to rely on your Consent to process any sensitive personal data/ special category data then your consent will be obtained and the reason/s for collecting and processing the required data will be made clear to you at the time of consent.
- Where you provide specific consent to the processing of data relating to any criminal convictions then this will be processed in confidence. This data will only be taken into account where, in the reasonable opinion of SVC, the offence is relevant to the post for which you are applying, and as part of the Company’s legal obligation when assessing your suitability, where there is an exemption to the role under the Rehabilitation of Offenders Act.
d. Legal obligation
Where the Company relies on legal obligation to process your personal data (which may include sensitive personal data) our legal obligation:
- may be applicable where you have engaged as an Agency Worker with the Company under the terms of a Contract for Services. Where this applies the data, you provide is required to provide you with this Contract for Services and as part of managing the ongoing relationship with you as an Agency Worker.
- to communicate with you in relation to and during the term of any Contract for Services that you are engaged in with the Company
- to provide for administrative processes associated with your engagement as an Agency Worker, such as to pay you in accordance with the terms of your Contract and make deductions for tax and national insurance (NI) and to administer other associated benefits i.e. pension
- to enable you to take periods of leave to which you are legally entitled
- to comply with Health & Safety legislation
- to comply in all circumstances with the Company’s legal obligation to check your entitlement to work in the UK
e. Contractual obligation
Where the Company relies on fulfilling a contractual obligation to process your personal data (which may include sensitive personal data) this:
- may be applicable in fulfilling a contract with you in providing work- finding services
- may be applicable in fulfilling a contract with our clients
- to communicate with you in relation to the provision of the contracted work- finding services
- contacting you about job opportunities
- updating our database
f. Categories of data – applicable to when personal data is obtained from a 3rd party
The Company has collected the following personal data on you:
- Contact details, including telephone number, email address and postal address
- Experience, training and qualifications
g. Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- Temporary Candidates
Registered Clients of SVC who are relative to the type of work you are seeking
Atlantic Data – DBS (Disclosure & Barring Service) if appropriate and as consented to on the form ‘Request for Information about Criminal Convictions’
Equifax – credit checking if appropriate and as consented to in the Registration process
- Permanent Candidates
Registered Clients of SVC who are relative to the type of work you are seeking
DBS (Disclosure & Barring Service) if appropriate and as consented to on the form ‘Request for Information about Criminal Convictions’
Please note there may be a requirement during the course of our business activities and for compliance and regulatory purposes, that your personal information may be shared with supervisory or regulatory authorities 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. This includes Business Energy and Industrial Strategy (BEIS), The Gangmasters and Labour Abuse Authority, The Information Commissioner’s Office (ICO), The Recruitment & Employment Confederation (REC) and the Employment Agency Standards Inspectorate (EAS).
- h. Statutory/contractual requirement
– applicable to when personal data is obtained from the data subject
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 is:
- that SVC will be unable to find work for you as the Company will not be able to fulfil the legitimate interest of providing you with work-finding 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.
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.
In addition and where appropriate, should you be engaged as a Temporary Worker under a Contract of 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. In addition and where appropriate we will also keep your records where relating to maternity, paternity, adoption or shared parental pay.
Where the Company has obtained your consent to process your personal data and where appropriate special category data or data relating to any criminal convictions, we will do so and only retain the data for the periods defined in our Company retention/ archiving policy. A summary of these timeframes is set out below. Where your data relating to criminal convictions has been processed this will be retained in accordance with the time frame as set out in the form ‘Request for Information about Criminal Convictions’.
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 or any relevant special category data.
Summary of Company data retention/ archiving periods:
- Temporary Workers that have worked/ been placed on a temporary assignment:
Your registration pack will be retained for 6 YEARS from the date you last worked.
- Permanent work found (as a candidate you have not done any temporary work):
Your registration pack will be retained for 1 YEAR from the date of placement.
- Temporary Candidates or Permanent Candidates that have registered, but never worked/ been placed on a temporary assignment or have never been placed:
Your registration pack will be retained for 1 YEAR from date of registration or the date of the last
interview with a Registered Client (whichever is the latter).
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 where appropriate special category data you have the right to withdraw that consent at any time by contacting your Business Consultant or another representative of the Company or the Data Protection Officer.
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 given above and we will take reasonable steps to checks its accuracy and correct it where necessary.
You can also contact us using the details below 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.
5. Source of the personal data
– applicable to when personal data is obtained from a 3rd party
The Company may source your personal data / special category data by the following means:
- Job Boards – Indeed, CV Library, Reed, Jobsite, Broadbean
6. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact your Business Consultant as a representative of the Company or the Data Protection Officer. You also have the right to raise concerns with Information Commissioner’s Office (ICO) 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.
7. Company appointed Data Protection Officer
Roz Mortlock, HR Director
T: 01206 262117 E: firstname.lastname@example.org
Privacy Notice – TEMPS PERMS REGISTRATION – 25th May 2018 v2 (Created: 1st May 2018)
This Policy Document is Copyright © 2018, SVC Group Ltd
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