Company Name: Truly Tailored Recruitment Services Limited (‘the Company’)
Company Contact details: Abigail Howell, Director, Truly Tailored Recruitment Services Limited
Document DP5A Privacy Notice (when personal data is obtained from the data subject)
Topic: Data protection
Date: 1st April 2018
Version: 01

The Company is a recruitment company 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 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:

  • Consent
  • Legitimate interest
  • Legal obligation
  • Contractual obligation

 

b. Legitimate interest

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

  • Truly Tailored Recruitment is an employment agency when looking for permanent work and an employment business when looking for temporary work and, as such will be actively seeking roles on your behalf, using the information about you that we obtain through your personal data.

 

c. Recipient/s of data

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

  • The clients of Truly Tailored Recruitment Services Limited
  • Any relevant Governing Body, including HMRC
  • Suppliers of any IT provision to Truly Tailored Recruitment Services Limited

 

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 us being unable to fulfil our role as an employment agency and/or business:

 

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 pension 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.

Document Type: How long we will keep it for:
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 with clients*

2 years 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))

 

*We may hold these specific documents for 6 years in order to deal with any potential contractual claims

References 2 years following the introduction or supply of a work-seeker to a client
National Minimum Wage documentation For HMRC purposes: 3 years after the end of the pay reference period following the one that the records cover (National Minimum Wage Act 1998)
Pensions auto-enrolment 6 years, except for opt out notices which should be kept for 4 years
Records held relating to the right to work in the UK 2 years after employment or engagement has ended
Working Time Records:

·  48 hour opt out notice

·  Annual leave records

2 years from the time they were created
Annual appraisal/assessment records 2 years from the time they were obtained
Sickness Records – statutory sick pay 2 years on internal systems.  3 years from the end of the tax year for payroll purposes
Statutory maternity, paternity, adoption pay 3 years from the end of the tax year to which it relates
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’.  We will keep a copy of any DBS certificate given to us for 2 years

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:
Abigail Howell, Director
Truly Tailored Recruitment, 36 Cheltenham Office Park, Pure Offices, Hatherley Lane, Cheltenham, GL51 6SH. 01242 701123

 

4. Automated decision-making

During our processing of your information we may use functions that could be defined as automated decision making. Typically, this would be where you have submitted a CV to us and we use an industry standard 3rd party product which uses complex proven semantic and natural language algorithms to read and extract data from the submitted document and create a profile for you in our database. This information could later be used to then match your profile against vacancy profiles also stored within our database. All matched profiles and vacancies are assessed by our staff before we contact you in regard to the position to ensure suitability. If you have any questions about this process or to request that we do not use this process during our relationship with you, please contact us,

 

5. Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out in it please contact:
Abigail Howell, Director
Truly Tailored Recruitment, 36 Cheltenham Office Park, Pure Offices, Hatherley Lane, Cheltenham, GL51 6SH. 01242 701123

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.