Company Name: Neil Lewis Recruitment Ltd (‘the Company’)

Company Contact . Neil Lewis, Director

Details: The Maltings, East Tyndall Street, Cardiff CF24 5EA

07976 226534

neil@neillewisrecruitment.co.uk

Document DP5: Privacy Notice (including for use on the company website)

Topic Data Protection

Date: November 2019

Version: 1

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 this privacy statement. At all times we will comply with current data protection laws. 

Contents

1. Collection and use of personal data  

1. Purpose of processing and legal basis 
2. Legitimate interest 
3. Statutory/contractual requirement 
4. Recipients of data 

2. Information to be provided when data is not collected directly from the data subject 

1. Categories of data 
2. Sources of data 

3.   Overseas transfers 

4.   Data retention 

5.   Your rights 

6.   Automated decision making 

7.   Cookies  

8.   Login files 

9.   Links to external sites 

10. Sale of the business 

11. Data security 

12. Changes to this privacy statement 

13. Complaints or queries  

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. 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.  

If you have opted-in, we may also send you marketing information and news via email/ text.  You can opt-out from receiving these at any time by clicking “unsubscribe” when you receive these communications from us.

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. 

We must have a legal basis to process your personal data. The legal bases we rely upon to offer our work-finding 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) 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 interest is/are as follows:

• Managing our database and keeping work-seeker records up to date;  
• Providing work-finding services to you and our clients;  
• Contacting you to seek your consent where we need it;  
• Giving you information about similar products or services that you have used from us recently;  

c) Statutory/contractual requirement

The Company has certain legal and contractual requirements to collect personal data (e.g. to comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, immigration and tax legislation, and in some circumstances safeguarding requirements.)  Our clients may also require this personal data, and/or we may need your data to enter into a contract with you. If you do not give us personal data we need to collect we may not be able to continue to provide work-finding services to you.

d) Recipient/s of data

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

• Clients (whom we may introduce or supply you to) 
• Former employers or prospective new employers whom we may obtain or provide references to
• Payroll service providers who may manage payroll on our behalf or other payment intermediaries whom we may introduce you to  
• Other recruitment agencies in the supply chain (eg master/neutral vendors and second tier suppliers)
• The Recruitment and Employment Confederation
• Any other third party organisations who may carry out audits to ensure that we run our business correctly 
• Our insurers
• Our legal advisers
• Social networks
• Our IT and CRM providers 
• Any public information sources and third-party organisations that we may use to carry out suitability checks on you eg Disclosure and Barring Service (DBS), or 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 of your group companies; and  
• Any other organisations you ask us to share your data with

2. Information to be provided when data is not collected directly from the data subject 

Categories of data: The Company has collected the following personal data on you: 

Personal data:

• Name, address, home/mobile numbers, email, employment history, plus anything else provided on your CV
• National Insurance number
• Nationality (through right to work check)
• Date of Birth (through proof of identity)
• Social handles
• Qualifications/Authorisations
• Type of work sought
• Salary/Hourly rate required
• Driving licence plus any endorsements

Sensitive personal data: 

• Health information including whether you have a disability
• Unspent Criminal Convictions

Source of the personal data:  The Company has sourced your personal data/sensitive personal data: 

• From your online Registration Form, CV or via our website
• From various job boards and networking sites including but not limited to Indeed, Total Jobs and Linked In
• A ‘refer a friend’ scheme
• A former employer 
• A referee whose details you previously provided to us 
• Cookies

This information may or may not have come from a publicly accessible source.

3. Overseas Transfers

The Company will not transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein

4. 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. For example, 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. This is currently 3 to 6 years.  

Where the Company has obtained your consent to process your personal and sensitive personal data we will do so in line with current legislation. 

We are required by law to hold your personal data and sensitive personal data for as long as is necessary to comply with our statutory obligations. We will always try to make sure that this is maintained and up to date. To help us achieve this, you are under a duty to inform us of all changes to your personal data and sensitive personal data. 

Upon expiry of that period the Company will seek further consent from you. Where consent is not granted or we have no contact from you, the Company will cease to process your personal data and sensitive personal data and will either archive or delete your personal details from our system. By archiving your details, your contact details will be removed but an incomplete profile of you will be retained.

5. 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 Neil Lewis, Director, The Maltings East Tyndall Street, Cardiff CF24 5EA or at neil@neillewisrecruitment.co.uk. Please note that if you withdraw your consent to further processing that does not affect any processing done prior to the withdrawal of that consent, or which is done according to another legal basis. 

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 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. 

6. Automated decision-making

The Company do not utilise automated decision making or profiling as part of our recruitment process.

7. Cookies 

We may obtain data about you from cookies.  These are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies also enable us to deliver more personalised content.  

The table below explains the cookies we use and why. 

Most web browsers allow some control of most cookies through the browser settings. 

8. Log Files 
We do not use IP addresses to analyse trends, administer the site, track users’ movements, or to gather broad demographic information for aggregate use.  IP addresses are not linked to personally identifiable information and are anonymised.

9. Links to external websites 

The Company’s website may contain links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such other sites.  When you leave our site, we encourage you to read the privacy statements of each and every website that collects personally identifiable information.  This privacy statement applies solely to information collected by the Company’s website.   

10. Sale of business 

If the Company’s business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

11. Data Security 

 
The Company takes every precaution to protect our users’ information. 

The Company adopts the use of an SSL on its website:

-the pseudonymisation and encryption of personal data

-the ability to ensure the ongoing confidentiality, integrity availability and resilience of processing systems and services

Only employees who need the information to perform a specific job (for example, consultants, our accounts clerk or a marketing assistant) are granted access to your information.  

The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of email/ the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via email/ the Internet. 

If you share a device with others, we recommend that you do not select the “remember my details” function when that option is offered.  

If you have any questions about the security at our website, you can email neil@neillewisrecruitment.co.uk.

12. Changes to this privacy statement 

We will update this privacy statement from time to time.  We will post any changes on the statement with revision dates.  If we make any material changes, we will notify you.  

13. Complaints or queries

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

Neil Lewis, Director, NLR Ltd, neil@neillewisrecruitment.co.uk

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.