HTS Privacy Notice
This Privacy Notice sets out the
basis on which HTS Recruitment Limited will process personal information
provided to us, this information is also referred to as ‘personal data’.
We take our obligations in respect
of the privacy of personal data very seriously and we will only process
personal information as detailed in this notice, unless we inform you otherwise.
In order to ensure that the personal data we hold is accurate and up to date,
we request that you inform us of any relevant changes to the personal
information we hold about you.
We help individuals to find work
and we are also an employer. Our core business activity is recruitment, we
assist individuals in finding work with our hirer clients, whether this is
directly or through supply by us, and we assist hirers in introducing or
supplying the staff that they require. We also recruit staff to work for us to
provide our recruitment services. For the purposes of this Privacy Notice, our
commercial activities and services for individuals and businesses are referred
to as ‘Recruitment Services’, and our actual or potential hiring customers are
referred to as ‘Clients’.
The person responsible for data
protection matters within our organisation is Margaret Hannon and can be
contacted at maggs@hts.co.uk
If you do not wish us to process
personal data in accordance with this policy, then please do not provide it to
us, Please refer to Section 4 ’Your
rights‘, in respect of data that we already hold, or which we receive from
third parties.
Section 1: This
section applies to individuals wishing to use or using our Recruitment Services
or looking for a role to work with us (‘a Candidate’):
The personal data
we collect or receive includes the following as applicable:
Name
Address
Email and other contact details
Date of birth
Job history (including information relating to
placements through us)
Educational history, qualifications & skills
Visa and other right to work or identity
information
Passport
Bank details
National insurance and tax (payroll) information
Next of kin and family details
Contact details of referees
Personal information relating to hobbies,
interests and pastimes
Information contained in references and pre-employment
checks from third parties
Other sensitive personal information such as
health records (see ‘Sensitive Personal Data’ section below)
Your marketing preferences
We may obtain your personal data
from the following sources (please note that this list is not exhaustive):
You (e.g. a Curriculum Vitae, application or
registration form)
A client
Other candidates
Online jobsites
Marketing databases
Conversations on the telephone or video
conferencing (which may be recorded)
Notes following a conversation or meeting
Our websites and software applications
Where you are a Candidate
and we have obtained your personal data from a third party such as an online
job board, it is our policy to advise you of the source when we first
communicate with you.
How we will use
your personal data:
The processing of your personal information may include:
Collecting and storing your personal data,
whether in manual or electronic files
Notifying you of potential roles or
opportunities
Assessing and reviewing your suitability for job roles
Introducing and/or supplying you to actual or
potential Clients
Engaging you for a role with us or with our Clients
including any related administration e.g.
timesheets and payroll
Collating market or sector specific information
and providing the same to our Clients
Sending information to third parties with whom
we have or intend to enter into arrangements which are related to our
Recruitment Services
Providing information to regulatory authorities
or statutory bodies, and our legal or other professional advisers including
insurers
To market our Recruitment Services
Retaining a record of our dealings
Establishing quality, training and compliance
with our obligations and best practice
For the purposes of backing up information on
our computer systems
Why we process your personal
data:
1. Entering into and performing a contract with you:
In order to provide our Recruitment
Services we may enter into a contract with you and/or a third party. In order
to enter into a contract we will need certain information, for example your
name and address. A contract will also contain obligations on both your part
and our part and we shall process your data as is necessary for the purpose of
those obligations. For example, in order to process payroll, a national
insurance number and bank details will be required.
2. Compliance with legal obligations (regulatory and statutory
obligations):
We must comply with a number of
statutory provisions when providing our Recruitment Services, which necessitate
the processing of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations
2003, which amongst other things requires us to:
Where we engage a person to work
for us (whether directly or as supplied to a Client), there are other statutory
obligations that must be complied with including payroll, tax, social security,
HMRC reporting requirements, and any other law or regulation.
We are also required to comply
with statutory and regulatory obligations relating to business generally, for
example complying with tax, bribery, fraud/crime prevention and data protection
legislation, and co-operating with regulatory authorities such as HMRC or the Information
Commissioner’s Office.
3. Our legitimate interests (carrying on the commercial activity of
Recruitment Services):
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:
establishing compliance with contractual
obligations with Clients or suppliers
addressing
any query or dispute that may arise including establishing, exercising or defending any legal claims
protecting our reputation
maintaining
a backup of our system, solely for the purpose of being able to restore the
system to a particular point in the event of a system failure or security
breach
evaluating
quality and compliance including compliance with this Privacy Notice
determining
staff training and system requirements
assess suitability and contact you regarding
potential opportunities and/or our services
collate market information or trends including
providing analysis to potential or actual Clients
source potential opportunities or roles as part
of our Recruitment Services
personalise your experience and our offering,
whether via our website or otherwise
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.
4. 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, for
example, if you apply for a specific role you may have consented to our
processing of the data that has been provided for the purpose of progressing
your application and considering your suitability for that role. In other cases
you may have provided your written or verbal consent to the use of your data
for a specific reason. 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.
What if we obtain your personal data from a third party?
Part of our business activity
involves researching information relating to individuals for the purposes of
filling job roles. This may include obtaining personal data from online
sources, for example we may obtain information from social media sites such as
LinkedIn and job boards, some
information being publicly available but others being from sites or providers
to which we subscribe. From time to time we may also receive personal
information about you from hiring organisations, colleagues and former
employers, or from persons for whom you have provided services or been
otherwise engaged.
Where information from third party
sources is of no use to us, or where you have notified us that you do not want
us to provide you with services, we shall discard it, however we may maintain a
limited record in order to avoid the duplication of process. Where we consider
that information may be of use to us in pursuance of the provision of our
Recruitment Services, any processing will be in accordance with this Privacy
Notice. You do have the right to object to processing, please see Section 4
‘Your rights’.
Sensitive Personal Data (SPD)
Sensitive personal data is
information which is intensely personal to you and is usually irrelevant to our
consideration of your suitability for a job role. Examples of SPD include
information which reveals your political, religious or philosophical beliefs,
sexual orientation, race or ethnic origin, or information relating to your
health.
Regardless of the basis for your
dealings with us, we request that you do not provide us with any sensitive
personal data unless absolutely necessary. However, to the extent that you do
provide us with any sensitive personal data, such as data which you choose to
share with us in conversation, we shall only use that data for the purposes of
our relationship with you or for the provision of our Recruitment Services.
This will be for one or more of the following reasons:
Where processing is necessary for the purpose of
obligations or rights under employment, social security or social protection
law
To maintain records of our dealings to address
any later dispute, including but not limited to the establishment, exercise or
defence of any legal claims
Who we share personal data with:
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
Legal and professional advisers
Insurers
Automated decisions
We may use software to review the
personal data of individuals recorded on our database, or who have applied for
specific roles. The software may determine suitability for a specific role via
targeted questions relating to the role, and/or may identify and select
individual personal information according to the stored characteristics. For
example, the software may enable us to quickly identify individuals from our
database who have specific skills, e.g. an engineer and exclude individuals
whose characteristics do not match particular requirements of a job role.
Where we use software to assist
us with our assessment of your suitability for a particular job role and you
consider that any such assessment has been made wrongly or incorrectly, you may
ask for an explanation.
Section 2: This
section applies where you are an individual working for a third party with whom
we have dealings. For example, a client or a payroll company.
We may collect
your personal data in the course of our dealings and this may include the
following:
Your contact information, which may include your
full name, job role, contact telephone number and email
Your statements and opinions about candidates
and/or other personnel e.g. a reference
Information relating to our relationship with
you or the party for whom you work including records of any meetings or
discussions
Your marketing preferences
We may obtain your personal
data from the following sources (please note that this list is not exhaustive):
You, including where you have provided us with
your contact details or other information for the purposes of using our
Recruitment Services
Staff or other representatives of the
organisation you represent
Candidates
Marketing databases
Social media
The public domain
Conversations, with you or others, on the
telephone or video conferencing (which may be recorded) or in meetings
Notes following a conversation, with you or
others, or meetings you attend
How we will use
your personal data:
We will process your personal
data in the context of our dealings with the third party for whom you work and
as part of our Recruitment Services. Processing may include:
Collecting and storing your personal data,
whether in manual or electronic files
Using the data to communicate with you
Sending information to third parties with whom
we have or intend to enter into arrangements which are related to our
Recruitment Services
Actions necessary to further any obligation on
us pursuant to a contract between ourselves and the third party you work for
Collating market or sector specific information and
providing the same to our clients
Providing information to regulatory authorities
or statutory bodies and our legal or other professional advisers including
insurers
Retaining records of our dealings with you and
the organisation whom you represent
Establishing quality, training and compliance
with our obligations and best practice
Why we process
your personal data:
1. Compliance with legal obligations (regulatory and statutory
obligations)
We must comply with a number of
statutory provisions when providing our Recruitment Services, which necessitate
the processing of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations
2003, which amongst other things requires us to assess suitability of
candidates and obtain information from Clients.
We are also required to comply
with statutory and regulatory obligations relating to business generally, for
example tax, bribery and fraud/crime prevention legislation, and co-operating with
regulatory authorities such as HMRC.
2. Our legitimate interests (carrying on the commercial activity of
Recruitment Services):
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 contact you regarding our Recruitment Services
to assess suitability of Candidates and roles,
for example, referencing or other feedback
to collate market information or trends
including providing analysis to potential or actual Clients
as otherwise necessary to provide our
Recruitment Services and/or to meet our obligations towards either the party
whom you represent, or other Clients or suppliers
to personalise your experience and our offering,
whether via our website or otherwise
Retaining records of our dealings and
transactions and where applicable, use such records for the purposes of:
establishing compliance with contractual
obligations with Clients or suppliers
addressing any query or dispute that may arise including establishing, exercising or
defending any legal claims
protecting our reputation
maintaining a backup of our system, solely for
the purpose of being able to restore the system to a particular point in the
event of a system failure or security breach
evaluating quality and compliance including
compliance with this Privacy Notice
determining staff training and system
requirements
For our commercial viability and to pursue these legitimate
interests, we may continue to process your personal information for as long as
we consider reasonably appropriate for these purposes.
3. Consent
We may process your personal data
on the basis that you have consented to us doing so for a specific purpose, for
example, if you have provided your contact details in order that we may use
these to provide you with details of our services you may have consented to our
processing of the data for that purpose. In other cases you may have provided
your written or verbal consent to the use of your data for a specific reason,
for example references.
You may withdraw your consent to
our processing of your personal data 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.
What if we obtain your personal data from a third party?
Part of our business activity
involves researching information for the purposes of finding and filling job
roles. This may include obtaining personal data from sources including job
boards, advertisements, LinkedIn or other social media, some
information being publicly available but others being from sites or providers
to which we subscribe. From time to time we may also receive personal data about
you from hiring organisations, colleagues and former employers, or from persons
for whom you have provided services or been otherwise engaged.
Where information from third
party sources is of no use to us we shall discard it, however we may maintain a
limited record in order to avoid the duplication of process. Where we consider
that information may be of use to us in pursuance of the provision of our
Recruitment Services, any processing will be in accordance with this Privacy
Notice. You do have the right to object to processing, please see Section 4 ‘Your
rights’.
Sensitive Personal Data (SPD)
Sensitive personal data is
information which is intensely personal to you and is usually irrelevant to our
dealings with you in respect of our Recruitment Services. Examples of SPD
include information which reveals your political, religious or philosophical
beliefs, sexual orientation, race or ethnic origin, or information relating to
your health.
Regardless of the basis for your
dealings with us, we request that you do not provide us with any sensitive
personal data unless absolutely necessary. However, to the extent that you do
provide us with any sensitive personal data, such as data which you choose to
share with us in conversation, we shall only use that personal data for the
purposes of our relationship with you or for the provision of our Recruitment
Services. This will be for one or more of the following reasons:
You have explicitly consented to the processing
Where processing is necessary for the purpose of
obligations or rights under employment, social security or social protection law
To maintain records of our dealings to address
any later dispute, including but not limited
to the establishment, exercise or defence of any legal claims
Who we share
personal data with:
We shall not share your personal data unless we are entitled
to do so. The categories of persons with whom we may share your personal
information include:
Candidates 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
Legal and professional advisers
Insurers
Section 3: This section applies to all personal
data
Transfer of data to other jurisdictions
In the course of the provision of
our Recruitment Services we may transfer data to countries or international organisations
outside of the EEA. This may, for example, be to Clients or Candidates, or
third parties who provide support services to us. Where information is to be so transferred, it
may be to a country in respect of which there is an adequacy decision from the
EU Commission. However, if this is not the case, it is our policy to take steps
to identify risks and in so far as is reasonably practicable, ensure that
appropriate safeguards are in place. Details relating to specific countries or
organisations are available on request from maggs@hts.co.uk.
If you do not wish to provide us with necessary data
There may be
circumstances where we require you to provide data which is necessary in order
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 who you represent with a Recruitment Service, and in
some cases may result in a breach of the contract we have with you or a third
party you represent.
Group companies & transfer
In the
event of a sale, merger, liquidation,
receivership or the transfer of all or part of our assets to a third party, we
may need to transfer your information to a third party. Any transfer will be
subject to the agreement of the third party to this Privacy Notice and any
processing being only in accordance with this Privacy Notice.
Data Security and Confidentiality
It is our policy to ensure, in so far as is reasonably practicable, that
our systems and records are secure and not accessible to unauthorised third
parties in line with contemporary practice.
Retaining your data
In most circumstances your data
will not be retained for more than 6 years from the last point at which we
provided any services or otherwise engaged with you and it is our policy to
only store your personal data for as
long as is reasonably necessary for us to comply with our legal obligations and
for our legitimate business interests.
However, we may retain data for longer than a 6 year period where we
have a legal or contractual obligation to do so, or we form the view that there
is otherwise a continued basis to do so, for example where your personal
information identifies specialist skill sets which may remain in demand, or we
are subject to a legal obligation which applies for a longer period.
If however you believe that we
should delete your personal data at an earlier date, please inform us in
writing of your reasons. Please see Section
4 ‘Your Rights’ below.
Changes to this Privacy
Notice
This Privacy Notice is regularly
reviewed and may be updated from time to time to reflect changes in our
business, or legal or commercial practice.
Where an update is relevant to our processing of your data, we shall
notify you of the same.
Section 4: Your rights
We take the protection of your personal data very seriously
and it is important that you know your rights within that context, which
include rights to:
Request a copy of the personal data that we hold
Object to our processing of your data where that
processing is based upon legitimate interest and there are no compelling
grounds for the continued processing of that data
Request that we restrict processing of your data
in certain circumstances
Request
that data is erased where the continued use of that data cannot be justified
Object to any decision, which significantly affects you, being taken solely
by a computer or via another automated process
Withdraw your consent to our processing of your
personal data 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
Request that inaccurate or incomplete data is
rectified
Request that data provided directly by you and
processed by automated means is transferred to you or another controller; this
right only being applicable where our processing of your data is based either
on your consent or in performance of a contract
Make a complaint to the Information
Commissioner’s Office
Request that direct marketing by us to you is
stopped
Please note that should you
exercise your right to request that we erase data or cease any processing
activity, we may retain a record of this request and the action taken in order
to both evidence our compliance, and to take steps to minimise the prospect of
any data being processed in the future should it be received again from a third
party source.
If you have any questions concerning your rights or should
you wish to exercise any of these rights please contact Margaret Hannon.
Complaints
If you are dissatisfied about any aspect of the way in which
your data is processed you may, in the first instance refer the matter to Margaret
Hannon. This does not affect your right to make a complaint to the Information
Commissioner’s Office.
HTS (Reg No 7574721) Privacy Notice v1 201118F © Lawspeed Ltd 2018
