Distinct Recruitment Limited Privacy Policy

Company Name: Distinct Recruitment Limited

Company Contact details:
James Calder
Distinct Recruitment Limited
3rd Floor Fothergill House
16 King Street
Nottingham
NG1 1AS

Date: May 2018

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 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 legal basis

We always ensure that we have a lawful basis for processing the personal data that we collect. In this case the lawful basis for processing is:

  • Consent
  • Legitimate interest
  • Legal obligation
  • Contractual obligation

b. Consent

By giving consent you agree that the Company can hold and process personal information about you for a period of 2 years. Examples of the information you may provide us with are as follows:

Personal data

  • Name
  • Date of birth
  • Contact details, including telephone number, email address and postal address
  • Experience, training and qualifications
  • CV
  • National insurance number
  • ID

Sensitive personal data

  • Disability/health condition relevant to the role
  • Criminal conviction

Your consent to the Company to process the above personal data will be for the following purposes:

  • For the Company to provide you with work-finding services.
  • For the Company to process or transfer your personal data to their clients in order to provide you with work-finding services, provided you agree with whom.
  • For the Company to process your data on our CRM Bullhorn, Your data will be held within Bullhorn, the company’s CRM software. Bullhorn, Inc. complies with the EU-U.S.
  • Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively.

  • Enabling you to submit your CV, apply online for jobs or to subscribe to alerts about jobs we think may be of interest to you;
  • Allowing you to participate in the interactive features of our services, when you choose to do so;
  • Carrying out our obligations arising from any contracts entered into between us;
  • Carrying out our obligations arising from any contracts entered into between Distinct Recruitment and third parties in relation to your recruitment;
  • Facilitating our payroll and invoicing processes;
  • Carrying out customer satisfaction surveys;
  • Verifying details, you have provided using third party resources (such as psychometric evaluations or skills tests), or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws)
  • Send you details of reports, promotions, offers, networking and client events, and general information about the industry sectors which we think might be of interest to you
  • Market excerpts of your details to our Client base with the purpose of generating interest and suitable jobs on your behalf (only where we have obtained your express consent to do so in advance)

You have a right to withdraw your consent at any time by informing the Company that you wish to do so.

c. The lawfulness of processing conditions for personal data are:

  1. Consent of the individual for one or more specific purposes.
  2. Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.
  3. Processing is necessary for compliance with a legal obligation that the controller is subject to.
  4. Processing is necessary to protect the vital interests of the individual or another person.
  5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
  6. Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.

d. The lawfulness of processing conditions for sensitive personal data are:

    1. Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.
    2. Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.
    3. Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.
    4. In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.
    5. Processing relates to personal data which are manifestly made public by the individual.
    6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
    7. Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.
    8. Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.
    9. Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.
    10. Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.

e. Legitimate interest

Where Distinct Recruitment has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

      • When executing candidate sourcing services for our client(s) and a candidate has placed their details on a job board, we would process your data from a job board to contact you to discuss this opportunity or similar roles
      • When a candidate has made a direct application to one of our jobs via job boards and/ or directly through our website

Source of the personal data

Distinct Recruitment sourced your personal data/sensitive personal data directly from you, the data subject or by the following means:

        • Job board & CV databases
        • Company website
        • Social Media

This information came from a publicly accessible 3rd party source.

To help us to maintain the accuracy of the personal data that we hold please let us know if we hold out of date or inaccurate information about you.

f. Categories of data

Distinct Recruitment Limited has collected the following personal data on you:

Personal data:

        • Name/contact details
        • CV with details on your employment information and any other personal data you have included

Sensitive personal data:

        • Eligibility to work in the UK / Visa requirements if stated on the job boards

g. Recipient/s of data

Distinct Recruitment Limited will process your personal data and/or sensitive personal data with the following recipients:

CANDIDATE DATA:

We may share your personal data with various parties, in various ways and for various reasons. Primarily we will share your information with prospective employers to increase your chances of securing the job you want. Unless you specify otherwise, we may also share your information with any of our group companies and associated third parties such as our service providers where we feel this will help us to provide you with the best possible service. Where appropriate and in accordance with local laws and requirements, we may also use your personal data for things like marketing, profiling and diversity monitoring. Where appropriate, we will seek your consent to undertake some of these activities.

CLIENT DATA:

We will share your data: (i) primarily to ensure that we provide you with a suitable pool of Candidates. Unless you specify otherwise, we may share your information with any of our group companies and associated third parties such as our service providers to help us meet these aims.

SUPPLIER DATA:

Unless you specify otherwise, we may share your information with any of our group companies and associated third parties such as our service providers and organisations to whom we provide services.

REFEREES AND EMERGENCY CONTACTS:

Unless you specify otherwise, we may share your information with any of our group companies and associated third parties such as our service providers and organisations to whom we provide services.

h. 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:

        • Information is necessary for the conclusion of a contract in the interest of the data subject between the controller and another legal person, thus we would be unable to aid in setting up a contract of employment
        • In absence of compliance documentation, we would not be able to complete our obligation to our client
        • We would not be able supply our 3rd parties with your information to set you up on services i.e. timesheets system and payroll

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 the Company has obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention policy (a copy of which can be found on our website). 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 data.

In addition to the above, Consent will be requested to keep personal and sensitive date for a 2-year period and further consent will be requested after that time.

If you would like us to delete your data and we don’t have a lawful reason to retain it you can make a deletion request by clicking jamesc@distinctrecruitment.com or writing to our Data Protection Office James Calder, 3rd Floor Fothergill House, 16 King Street, Nottingham NG1 2AS.

Your rights

Please be aware that you have the following data protection rights:

        • The right to be informed about the personal data Distinct Recruitment processes on you;
        • The right of access to the personal data Distinct Recruitment 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.

How you can access your personal data

You can ask us for a copy of the personal data that we hold on you by either clicking jamesc@distinctrecruitment.com or writing to Data Protection Office James Calder, 3rd Floor Fothergill House, 16 King Street, Nottingham NG1 2AS. We’ll ask you for copies of two types of approved identity in order to process your request (such as a passport and driving licence).

Information about our use of cookies

A cookie is a small file (typically letters and numbers) which may be placed on your computer when you access our website. Through the cookie we can recognise your computer and browsing activity if you return to the website.

We use cookies to allow our website to recognise when you return to our site (which helps us to optimise your visits) and cookies to track the life of each visit.

If you’re like more information on cookies click here.

We use Google Analytics which allows us to collect information about how you use our site. If you access our website directly (and not via an email) you’re visits will be tracked anonymously.

We use Google Analytics to understand how our website is being used in order to improve the experience for you. All user data is anonymous.

We use social buttons such as Twitter, Google, Facebook and LinkedIn to share or bookmark pages on our site or email updates. Those sites may collect information about your internet activity, including if your visit to our site (even if you don’t click on the button if you’re logged on to their site). You should check the privacy and cookies policy of each of these sites to see how they use your information and find out how to opt out and delete such information.

You are able to manage cookies. For more information click here. If you want to block all cookies all of the time you can set your computer preferences to do so.

Our website does not require you to input personal data to use it. You may however volunteer personal data such as your name and email address to request information, updates and our services. That information is required to deal with your query appropriately.