Terms & Conditions
Company Name: | Vetted Recruitment Limited (‘the Company’) |
Document DP3 | Data ProtectionPolicy |
Topic: | Data protection |
Date: | 21/07/2021 |
Version: | 1 |
Contents
·Introduction
·Definitions
·Dataprocessingunder the Data Protection Laws
1.The data protection principles
2.Legal bases for processing
3.Privacy by design and by default
·Rights of the Individual
1.Privacy notices
2.Subject access requests
3.Rectification
4.Erasure
5.Restriction ofprocessing
6.Data portability
7.Object toprocessing
8.Enforcement of rights
9.Automated decision making
·Personal data breaches
1.Personal databreacheswhere the Company is thedata controller
2.Personal databreacheswhere the Company is thedata processor
3.Communicatingpersonal data breachesto individuals
·The Human Rights Act 1998
·Complaints
Appendix
Annex – legal bases for processing personal data
All organisations that processpersonal dataare required to comply with data protection legislation.This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data Protection Regulation (together the ‘Data Protection Laws’).The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over theirpersonal datawhilst imposing certain obligations on the organisations that process their data.
As a recruitment business the Company collects and processes bothpersonal dataandsensitive personal data.It is required to do so to comply with other legislation.It is also required to keep this data for different periods depending on the nature of the data.
This policy sets out how the Company implements the Data Protection Laws. It should be read in conjunction with the Data Protection Procedure.
In this policy the following terms have the following meanings:
‘consent’means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to theprocessingof persona data relating to him or her;
‘data controller’means an individual or organisation which, alone or jointly with others, determines the purposes and means of theprocessingofpersonal data;
‘data processor’means an individual or organisation which processespersonal dataon behalf of thedata controller;
‘personal data’*means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘personal data breach’means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to,personal data;
‘processing’means any operation or set of operations performed onpersonal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘profiling’means any form of automatedprocessingofpersonal dataconsisting of the use ofpersonal datato evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
‘pseudonymisation’means theprocessingofpersonal datain such a manner that thepersonal datacan no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that thepersonal dataare not attributed to an identified or identifiable individual;
‘sensitive personal data’*meanspersonal datarevealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and theprocessingof genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.[Note 1]
* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we specifically need to refer tosensitive personal data.
‘Supervisory authority’means an independent public authority which is responsible for monitoring the application of data protection. In the UK thesupervisory authorityisthe Information Commissioner’s Office(ICO).
All of these definitions are italicised throughout this policy to remind the reader that they are defined terms
The Company processespersonal datain relation to its own staff, work-seekers and individual client contacts and is adata controllerfor the purposes of the Data Protection Laws. The Company has registered with the ICO and its registration number is 00310073827.
The Company may holdpersonal dataon individuals for the following purposes:
·Staff administration;
·Advertising, marketing and public relations
·Accounts and records;
·Administration andprocessingof work-seekers’personal datafor the purposes of providing work-finding services, includingprocessingusing software solution providers and back office support
·Administration andprocessingof clients’personal datafor the purposes of supplying/introducing work-seekers
1.The data protection principles
The Data Protection Laws require the Company acting as eitherdata controllerordata processorto process data in accordance with the principles of data protection. These require thatpersonal datais:
1.Processed lawfully, fairly and in a transparent manner;
2.Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
3.Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4.Accurate and kept up to date; every reasonable step must be taken to ensure thatpersonal datathat are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
5.Kept for no longer than is necessary for the purposes for which thepersonal dataare processed;
6.Processed in a manner that ensures appropriate security of thepersonal data, including protection against unauthorised or unlawfulprocessingand against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that
7.Thedata controllershall be responsible for, and be able to demonstrate, compliance with the principles.
2.Legal bases for processing
The Company will only processpersonal datawhere it has a legal basis for doing so (see Annex A). Where the Company does not have a legal reason forprocessingpersonal dataany processing will be a breach of the Data Protection Laws.[NOTE 5]
The Company will review thepersonal datait holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.
Before transferringpersonal datato any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support)), the Company will establish that it has a legal reason for making the transfer.
1.Privacy by design and by default
The Company has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to allprocessingactivities. This includes implementing measures such as:
·data minimisation (i.e. not keeping data for longer than is necessary);
·pseudonymisation;
·anonymization
·cyber security
The Company shall provide any information relating to dataprocessingto an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. The Company may provide this information orally if requested to do so by the individual.
1.Privacy notices
Where the Company collectspersonal datafrom the individual, the Company will give the individual a privacy notice at the time when it first obtains thepersonal data.
Where the Company collectspersonal dataother than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining thepersonal data, but at the latest within one month.If the Company intends to disclose thepersonal datato a third party then the privacy notice will be issued when thepersonal dataare first disclosed (if not issued sooner).
Where the Company intends to further process thepersonal datafor a purpose other than that for which the data was initially collected, the Company will give the individual information on that other purpose and any relevant further information before it does the furtherprocessing.
2.Subject access requests
The individual is entitled to access theirpersonal dataon request from thedata controller.
3.Rectification
The individual or anotherdata controllerat the individual’s request, has the right to ask the Company to rectify any inaccurate or incompletepersonal dataconcerning an individual.
If the Company has given the personal data to any third parties it will tell those third parties that it has received a request to rectify thepersonal dataunless this proves impossible or involves disproportionate effort. Those third parties should also rectify thepersonal datathey hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
4.Erasure
The individual or anotherdata controllerat the individual’s request, has the right to ask the Company to erase an individual’spersonal data.
If the Company receives a request to erase it will ask the individual if s/he wants hispersonal datato be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise).The Company cannot keep a record of individuals whose data it has erased so the individual may be contacted again by the Company should the Company come into possession of the individual’spersonal dataat a later date.
If the Company has made the data public, it shall take reasonable steps to inform otherdata controllersanddataprocessors processingthepersonal datato erase thepersonal data, taking into account available technology and the cost of implementation.
If the Company has given thepersonal datato any third parties it will tell those third parties that it has received a request to erase thepersonal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify thepersonal datathey hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
5.Restriction ofprocessing
The individual or adata controllerat the individual’s request,has the right to ask the Company to restrict itsprocessingof an individual’spersonal datawhere:
·The individual challenges the accuracy of thepersonal data;
·Theprocessingis unlawful and the individual opposes its erasure;
·The Company no longer needs thepersonal datafor the purposes of theprocessing, but thepersonal datais required for the establishment, exercise or defence of legal claims; or
·The individual has objected toprocessing(on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of the Company override those of the individual.
If the Company has given thepersonal datato any third parties it will tell those third parties that it has received a request to restrict thepersonal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify thepersonal datathey hold - however the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.[NOTE 11]
6.Data portability
The individual shall have the right to receivepersonal dataconcerning him or her, which he or she has provided to the Company, in a structured, commonly used and machine-readable format and have the right to transmit those data to anotherdata controllerin circumstances where:
·Theprocessingis based on the individual’sconsentor a contract; and
·Theprocessingis carried out by automated means.
Where feasible, the Company will send thepersonal datato a named third party on the individual’s request.
7.Object toprocessing
The individual has the right to object to theirpersonal databeing processed based on a public interest or a legitimate interest. The individual will also be able to object to theprofilingof their data based on a public interest or a legitimate interest.
The Company shall ceaseprocessingunless it has compelling legitimate grounds to continue to process thepersonal datawhich override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
The individual has the right to object to theirpersonal datafor direct marketing.
8.Enforcement of rights
All requests regarding individual rights should be sent to the person whose details are listed in the Appendix.
The Company shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. The Company may extend this period for two further months where necessary, taking into account the complexity and the number of requests.
Where the Company considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature the Company may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
9.Automated decision making
The Company will not subject individuals to decisions based on automatedprocessingthat produce a legal effect or a similarly significant effect on the individual, except where the automated decision:
·Is necessary for the entering into or performance of a contract between thedata controllerand the individual;
·Is authorised by law; or
·The individual has given their explicitconsent.
The Company will not carry out any automated decision-making orprofilingusing thepersonal dataof a child.
Reportingpersonal databreaches
All data breaches should be referred to the persons whose details are listed in the Appendix.
1.Personal data breacheswhere the Company is thedata controller:
Where the Company establishes that apersonal databreachhas taken place, the Company will take steps to contain and recover the breach. Where apersonal databreachis likely to result in a risk to the rights and freedoms of any individual the Company will notify the ICO.
Where thepersonal databreachhappens outside the UK, the Company shall alert the relevantsupervisory authorityfor data breaches in the effected jurisdiction.
2.Personal data breacheswhere the Company is thedata processor:
The Company will alert the relevantdata controlleras to thepersonal data breachas soon as they are aware of the breach.
3.Communicatingpersonal data breachesto individuals
Where the Company has identified apersonal data breachresulting in a high risk to the rights and freedoms of any individual, the Company shall tell all affected individuals without undue delay.
The Company will not be required to tell individuals about thepersonal databreachwhere:
·The Company has implemented appropriate technical and organisational protection measures to thepersonal dataaffected by the breach, in particular to make thepersonal dataunintelligible to any person who is not authorised to access it, such as encryption.
·The Company has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
·It would involve disproportionate effort to tell all affected individuals. Instead, the Company shall make a public communication or similar measure to tell all affected individuals.
All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing withpersonal datathese should be respected at all times:
·Right to respect for private and family life (Article 8).
·Freedom of thought, belief and religion (Article 9).
·Freedom of expression (Article 10).
·Freedom of assembly and association (Article 11).
Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).
If you have a complaint or suggestion about the Company’s handling ofpersonaldatathen please contact the person whose details are listed in the Appendix to this policy.
Alternatively you can contact the ICO directly on0303 123 1113or at https://ico.org.uk/global/contact-us/