Privacy Policy

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 Companydirectly, 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 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. The legal bases we rely upon to offer these services to you are:

• Explicit Consent,and/or
• Legitimate interest and/or
• Legal obligation and/or
• Contractual obligation

b. Legitimate interest

Wherethe Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

·      We will engage with active work seekers to offer our employment services i.e we will contact people from jobsites, LinkedIn etc

·      We will engage with previous work seekers to offer our employment services if we feel that it would be relevant and of benefit to the potential candidate.

 

c.    Recipient/s of data

The Company will process your personal data and/or sensitive personal data with the following recipients:

·       Our carefully selected payroll providers and recruitment software solutions  

d.    Statutory/contractual requirement

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 are:

·       Our inability to offer work finding services.

2.   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.

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.

 Where theCompany has obtained your consent to process your personal/and sensitive personal data, we will do so in line with our retention policy that can viewed below. 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].  

3.  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 sensitive personal data you have the right to withdraw that consent at any time by contacting Jamie Walsh or Craig Lilly on 01527 910100

4.   Complaints or queries

 If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Jamie Walsh – Director on J.walsh@perfect-personnel.com or Craig Lilly –
Director on c.lilly@perfect-personnel.com. 

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.

 

Document type	How long we keep records for ( and source of requirement)
Personnel records
•       Work-seeker records including application form/CV, ID checks, terms of engagement, details of assignments, opt-out notices and interview notes  • Hirer records including client details, terms of business, assignment/vacancy details.	1 year from the last date of providing work-finding services as an Employment Agency or Employment Business (Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations))
Terms of engagement with temporary worker and terms of business with clients	6 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980).
Working time records:  •       48 hour opt out notice • Annual leave records	2 years from the time they were created
Annual appraisal/assessment records	12 Months – as there is no specific period set out and under data protection laws we should only keep records for as long as is necessary.
References	Under data protection laws, we only keep records for as long as is necessary. However, the Conduct Regulations require references to be kept for 1 year following the introduction or supply of a work seeker to a client.

  

Document type	How long we keep records for ( and source of requirement)
Records held relating to right to work in the UK	2 years after employment or engagement has ended.
Criminal records checks/ Disclosure Barring checks	There is no longer a 6 month time limit on how long DBS certificates can be kept for. When it comes to handling and storing certificates the new DBS Code requires registered bodies to ‘handle  all information provided to them by DBS, as a consequence of applying for a DBS product, in line with the obligations under Data protection Act 1998’ .
National Minimum Wage documentation:  •       Total pay by the worker and the hours worked by the worker •       Overtime/shift premia; •       Any deduction or payment of accommodation;  •       Any absences eg rest breaks, sick leave, holiday; •       Any travel or training during working hours and its length; • Total number of hours in a pay reference period	For HMRC purposes:    6 years in order to show that you have paid at least national minimum wage rates if a breach of contract claim is brought against you. (National Minimum Wage Act 1998)
Sickness records – statutory sick pay	Records will be kept for the same duration as payroll records (see below)
Statutory maternity, paternity, adoption pay	3 years from the end of the tax year to which it relates
Pensions auto-enrolment (including autoenrollment date, joining date, opt in and opt out notices, contributions paid)	6 years except for opt out notices which should be kept for 4 years.