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PRIVACY NOTICE (WHEN PERSONAL DATA IS OBTAINED FROM A 3RD PARTY) E.G. JOB BOARD

Date: March 2023


COMPANY CONTACT DETAILS:

Suite 1D, Lewins Mead, Whitefrairs, Bristol, BS1 2NT, United Kingdom

Jack Clark (Director)
jack.clark@ernestgordon.com  / 01173 290 100

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

The Company has collected 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. This includes for example, contacting you about
job opportunities, assessing your suitability for those opportunities, updating
our databases, putting you forward for job opportunities, arranging payments to
you and developing and managing our services and relationship with you and our
clients.

In some cases we may be required to use your data for the purpose of
investigating, reporting and detecting crime and also to comply with laws that
apply to us. We may also use your information during the course of internal
audits to demonstrate our compliance with certain industry standards.

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

 * Your consent
 * Where we have a legitimate interest
 * To comply with a legal obligation that we have
 * To fulfil a contractual obligation that we have with you




 B. CATEGORIES OF DATA

The Company has collected the following personal data on you:

Personal data:

 * Name/contact details
 * personal details
 * family details
 * lifestyle and social circumstances
 * goods and services
 * financial details
 * education and employment details



Sensitive personal data:

 * Disability/criminal conviction relevant to the role
 * physical or mental health details
 * trade union membership
 * racial or ethnic origin
 * religious or other beliefs of a similar nature




C. LEGITIMATE INTEREST

This is where the Company has a legitimate reason to process your data provided
it is reasonable and does not go against what you would reasonably expect from
us.  Where the Company has relied on a legitimate interest to process your
personal data our legitimate interests is/are as follows:

 * Managing our database and keeping work-seeker records up to date;
 * Contacting the individual to seek your consent where we need it;
 * Providing work-finding services to the individual, including sending their
   information to clients where you have demonstrated an interest in doing that
   particular type of work but not expressly consented to you passing on their
   cv;
 * Contacting the individual with information about similar products or services
   that you have used from us recently; and
 * Passing work-seeker’s information to debt collection agencies.




D. RECIPIENT/S OF DATA

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

 * Clients that you introduce or supply individuals to (e.g. Companies across
   the Engineering, technical, manufacturing, construction, warehouse
   industries).
 * Candidates’ former or prospective new employers that you obtain or provide
   references to
 * The Recruitment and Employment Confederation (and any other trade body that
   you are a member of who may have access to your candidates’ data)
 * Any third parties who carry out audits to ensure that you run your business
   correctly
 * Payroll service providers who manage your payroll on your behalf – Simplicity
   (Keen Thinking/ GEMs)
 * Any umbrella companies which the candidate requests to work with
 * Insurers – Hiscox, Stackhouse Poland Limited
 * Legal advisers – Recruitment and Employment Confederation (REC)
 * IT and CRM providers – Bullhorn International, Broadbean, Total Jobs,
   Jobsite, CV-Library, Reed, Indeed.
 * Any public information sources and third-party organisations that you may use
   to carry out suitability checks on work-seekers e.g. Companies House, the
   Disclosure and Barring Service (DBS), National College for Teaching and
   Leadership (NCTL), Nursing and Midwifery Council (NMC), General Medical
   Council (GMC), DVLA, credit reference agencies
 * Government, law enforcement agencies and other regulators e.g the Police,
   Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local
   Authority Designated Officers (LADOs), GLAA,
 * Trade unions;
 * Any other organisations an individual asks you to share their data with.




2.    OVERSEAS TRANSFERS  

The Company may transfer only the information you provide to us to countries
outside the European Economic Area (“EEA”) for the purposes of providing you
with work-finding services. We will take steps to ensure adequate protections
are in place to ensure the security of your information. The EEA comprises the
EU member states plus Norway, Iceland and Liechtenstein.




3.    DATA RETENTION

The Company will retain your personal data only for as long as is necessary for
the purpose we collect it. Different laws may also 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. 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.

Work-seeker records – including application form/CV, ID checks, terms of
engagement (see also below), details of assignments, opt-out notices and
interview notes.

Hirer records including client details, terms of business (see below),
assignment/vacancy details – 1 year.

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). Please note that 6 years is not a minimum legal
requirement but is the time period in which a contractual claim can be made.

Working time records – • 48 hour opt out notice • Annual leave records – 2 years
from the time they were created

References – The Conduct Regulations require references to be kept for 1 year
following the introduction or supply of a work seeker to a client.

Records held relating to right to work in the UK – 2 years after employment or
engagement has ended – must not be alterable.

VAT – 6 years

Company accounts – 6 years

Payroll information and CIS records – 3 years from the end of the tax year




4.    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 Jack Clark (Director) jack.clark@ernestgordon.com.

There may be circumstances where the Company will still need to process your
data for legal or official reasons. We will inform you if this is the case.
Where this is the case, we will restrict the data to only what is necessary for
the purpose of meeting those specific reasons.

If you believe that any of your data that the Company processes is incorrect or
incomplete, please contact us using the details above and we will take
reasonable steps to check its accuracy and correct it where necessary.

You can also contact us using the above details if you want us to restrict the
type or amount of data we process for you, access your personal data or exercise
any of the other rights listed above.




5.    SOURCE OF THE PERSONAL DATA

The Company sourced your personal data/sensitive personal data by the following
means:

• Received via a Job Board – Advertisement/ database (Total jobs, Jobsite, Reed,
CV Library, Indeed)

This information came from a publicly accessible source.




6.    COMPLAINTS OR QUERIES

If you wish to complain about this privacy notice or any of the procedures set
out in it please contact:

Jack Clark (Director)
jack.clark@ernestgordon.com
01173 290 100

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.




ANNEX A


A)      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.




B)      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.

Sectors

 * Accounting & finance
 * Administrative & office
 * Aerospace
 * AI & Machine Learning
 * Automotive
 * Big Data / Data
 * Business Intelligence
 * Cloud & Software
 * Construction/Civil
 * Cyber Security
 * Data Analytics & Data Science
 * Design & Draughting
 * Digital & Online Marketing
 * Energy & Utilities
 * Engineering
 * Engineering Graduates & Trainees
 * ERP
 * Finance
 * Finance Marketing
 * Finance Technology
 * Financial Services
 * Human Resources
 * Information & Security
 * Information Technology
 * Infrastructure
 * Infrastructure & Transportation
 * IT
 * IT Graduates & Trainees
 * legal
 * Logistics & Distribution
 * Maintenance
 * Manufacturing
 * Maritime & Defence
 * Oil & Gas
 * Pharmaceutical
 * Rail
 * Risk & compliance
 * Sales & Technical
 * Technology
 * Water & Environment

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Contact

 * 0117 329 0100
 * enquiries@ernestgordon.com

 * ERNEST GORDON RECRUITMENT LIMITED
   Suite 1d, Whitefriars
   Lewins Mead
   Bristol, BS1 2NT
   United Kingdom

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