Privacy Notice & Cookies Policy © 2018 Lawspeed Limited
Last Updated: May 2018
This Privacy Notice sets out the basis on which TPP Recruitment Limited will process personal information provided to us, this information is also referred to as ‘personal data’.
This notice is to inform you of how we will use your personal information, which is primarily for administrative, legal and managerial purposes, and your rights in relation to that information. 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.
This notice applies to job applicants, current and former employees, workers and contractors, who are or have been engaged or involved in the provision of services for us. It does not form part of any contract we have with you and we may amend it at any time.
The person responsible for data protection matters within our organisation is Tracey George, Chief Operating Officer and can be contacted here, firstname.lastname@example.org.
Section 1: Personal Data
The personal data we collect and process includes the following:
- Personal details e.g. your name, address, date of birth, gender and contact details etc
- Information about your skills and experience e.g. educational and training records, CV, application for employment, previous work
- Information relating to your suitability for employment e.g. references, pre-employment checks, interview notes
- Information in relation to your right to work in the UK and your identity e.g. passport, photographic identification, visa
- Information relating to our relationship e.g. employment dates, salary/pay rates, annual leave, pensions and benefits, other particulars of employment, training records and professional memberships and subscriptions
- Marital status, next of kin, dependants and emergency contact information
- Financial/payroll details e.g. bank accounts, national insurance number and tax/payroll records
- Details required to provide you with benefits and other entitlements e.g. age, length of service, sickness records
- Details that are required to allow access to premises and systems e.g. attendance & security records which may include CCTV
- Work record e.g. disciplinary records, performance monitoring, targets, objectives, complaints
- Information from our software and recording systems e.g. CRM
- Trade Union membership
- Racial or ethnic origin in connection with monitoring to ensure that we are compliant with equal opportunities obligations
- Information relating to your capability to perform your role, including information relating to your health, sickness record and any applicable medical conditions or disabilities
- Criminal records information (where this is relevant to the nature of the role)
- Information relating to your use of our IT, phones and other facilities
We may obtain your personal data from the following sources (please note that this list is not exhaustive):
- You via
- the application process (e.g. a CV, application or registration form) or
- during the course of your engagement
- via correspondence or discussion post termination
- Third parties including
- Online jobsites
- Recruitment companies
- Former employers or other referees
- Background screening providers
- Government Departments including HMRC
- Other staff including management
- Our clients, customers or suppliers
- Occupational Health Services, your GP or other health professionals
- Information may also be obtained from sources in the public domain including social media
Section 2: How we will use your personal data:
We process your personal information for legal, administrative and management purposes relating to your employment or engagement with us. The purposes of processing of your personal information may include:
- Collecting and storing your personal data, whether in manual or electronic files
- Assessing and reviewing your suitability for job roles whether initially or for the purpose of alternative roles or promotion
- Checking your experience, qualifications and/or eligibility to work in the UK, or any other jurisdiction in which you are or have worked for us
- Engaging you for a role with us including any related administration e.g. timesheets and payroll
- Making decisions and arrangements relating to payments, including where applicable addressing any statutory deductions or payments
- Delivering benefits that you may be entitled to in relation to your employment or engagement, including liaising with third party providers e.g. pension providers
- Monitoring and managing performance and capability, including setting targets, requirements or benchmarking, monitoring absence and assessing fitness to work, including appropriate adjustments
- Monitoring and recording the use of computer, telephone and other systems
- Facilitating access to systems, premises or personnel including customers or suppliers relating to your duties
- Investigating and addressing disciplinary and grievance matters, including decisions regarding continued or future engagement
- Addressing training and development requirements
- Providing references as requested by you or a prospective employer which you have authorised
- Establishing quality, training and compliance with our legal and contractual obligations, internal policies and best practice
- Performing planning, reporting or management functions within our business including analysis of employee retention
- Providing information to regulatory authorities or statutory bodies, and our legal or other professional advisers including insurers
- Complying with statutory obligations e.g. health and safety legislation, Working Time Regulations and National Minimum Wage Regulations
- Retaining records of the relationship
- Dealing with any actual or potential dispute, whether relating to you, other personnel or third parties
- Maintaining security, including backing up information on our computer systems
- Equal opportunities monitoring
- Detecting or preventing theft, fraud or other criminal activity
Section 3: Why we process your personal data:
1. Entering into and performing a contract with you:
Where we have entered into or are to enter into a contract with you, we will be required to process certain information for the proper performance of that contract. We will for example require your personal details (name, address etc.) details of the role that you will undertake, remuneration and benefits in order to enter into the arrangement.
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 payments bank details and in most cases tax and national insurance information will be necessary.
2. Compliance with legal obligations (regulatory and statutory obligations):
As a business we have legal obligations that we must comply with. These include obligations relating to health and safety, tax and social security obligations, and obligations towards both workers and employees, for example:
- Risk assessments
- Accident/incident reporting
- Establishing rights to work in the UK
- Monitoring working hours, rest breaks and administering holiday pay
- Ensuring Tax and NICs deductions
- Administering pension contributions
- Compliance with equalities legislation
- Record keeping requirements
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, the Department of Work and Pensions and the Information Commissioner’s Office.
3. Our legitimate interests:
We will also need to process certain categories of personal information in furtherance of our legitimate interests. These include
- 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 and commercial interests
- maintaining a back-up of our system, for the purpose of being able to restore the system to a particular point in the event of a system failure or security breach
- determining staff training and system requirements
- Using your personal data for the purpose of:
- monitoring quality and compliance both generally and in respect of particular individuals
- evaluating quality and compliance including compliance with this Privacy Notice
- monitoring performance and conduct within our organisation
- marketing our services, including the experience and specialism of our staff, and providing contact information
- planning, review and development of company processes, objectives and strategies
- detection and prevention of theft, fraud and other criminal activity
- establishing company performance or value including collating information and/or reporting relating to the actual or potential acquisition or transfer or all or part of our business
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:
In certain circumstances we may rely upon your consent to process information for a specific purpose, for example, to process particular pieces of information, or sensitive information. In some cases this consent may be quite clear from your actions. However, 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.
Where we request your consent to process data for a particular purpose it is not a condition of your contract that you provide that consent.
For the avoidance of doubt information that we process because of our contract, a legal obligation, or our legitimate interest does not require your consent.
5. Sensitive Personal Data (SPD)
Sensitive personal data, is information which is intensely personal to you, examples of SPD include information which reveals your political, religious or philosophical beliefs, your sexual orientation, or race or ethnic origin, or which may require processing of 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 necessary, or specifically required by us. 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. This will be for one or more of the following reasons:
- You have explicitly consented to the processing
- For the purpose of our assessment of your suitability for job roles or working capacity
- Where processing is necessary for the purpose of obligations or rights under employment, social security or social protection law, e.g. Health and safety, equalities legislation or to administer statutory payments such as statutory sick pay
- 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
Section 4: Who we share personal data, automated decision making & retention of records:
1. Sharing your personal 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 services or for the performance of your duties as an employee
- 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, which may include:
- outsourced payroll and accountancy providers
- IT support
- storage service providers including cloud
- background screening providers
- employee engagement services
- pension providers
- private healthcare and dental
- Legal and professional advisers
- Potential or actual purchasers or transferees relating to the whole or any part of our business
2. Automated decisions
We do not make decisions that are likely to have a legal or other significant effect on you solely based on automated processing.
3. Retaining your data
In most circumstances your data will not be retained for more than 6 years from the last point at which you provided any services or we 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 sector requirements usually necessitate referencing for a longer period, the personal data relates to a contract which extends beyond this period, or we are subject to a legal obligation which applies for a longer period.
We may also maintain a record of your employment for referencing purposes for a period as we deem appropriate in the circumstances.
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 6: Your Rights below.
Section 5: Other matters:
1. Transfer of data to jurisdictions outside of the EEA
In the course of the provision of our services, or in order that functions of our business may be performed we may transfer data to countries or international organisations outside of the EEA. This may, for example, be to clients 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 appropriate safeguards that are in place in relation to transfer of personal data to specific countries or organisations are available on request from Tracey George, Chief Operating Officer.
2. 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 contract with you. For example, if you are an employee of ours we must establish evidence that you have a right to work in the UK and we must have certain information in order to be able to meet our obligations under the PAYE scheme.
If you do not wish to provide us with information we request then you may notify us of the same. However, please be aware that as a result we may be unable to engage, or continue to engage you.
3. 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 our data protection requirements.
4. 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.
5. 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 6: 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
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.
If you have any questions concerning your rights or should you wish to exercise any of these rights please contact Tracey George, Chief Operating Officer.
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 Tracey George, Chief Operating Officer. This does not affect your right to make a complaint to the Information Commissioner’s Office.
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