Leicester 01162 555620
Northampton 01604 642739

Data Protection Privacy Notice

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.

  1. Collection and use of personal data
  1. 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.

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:

  • We have a legitimate interest
  1. 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;
  • 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;
  1. 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.

  1. 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 whom we may seek references from
  • Payroll service providers who manage payroll on our behalf or other payment intermediaries whom we may introduce you to
  • Other recruitment agencies in the supply chain

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

Personal data to include, amongst others

  • Name, address, mobile no., email
  • National insurance no.
  • Nationality

Sensitive personal data, amongst others

  • Health information including whether you have a disability
  • Criminal conviction

Source of the personal data: The Company sourced your personal data/sensitive personal data from sources to include

  • A former employer
  • Job boards and social media platforms
  • A referee whose details you previously provided to us
  • Software providers who we use to support our services including Voyager, TempAid.
  • Cookies listed in section 7

This information may have come from a publicly accessible source.

  1. Overseas Transfers

The Company may 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. 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.

  1. 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 our retention policy a copy of which is detailed 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 data.

Document type

How long to keep for (and source of requirement)

Personnel records

  • 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 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))

Please note, there is no legal obligation to keep records where you take no action in relation to an application.

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) (5 years in Scotland).

Please note that 6 years is not a minimum legal requirement but is the time period in which a contractual claim can be made. You will still have to establish why it is necessary to keep these records.

Working time records:

  • 48 hour opt out notice
  • Annual leave records

2 years from the time they were created

Annual appraisal/assessment records

No specific period – under data protection laws you should only keep records for as long as is necessary.

References

Under data protection laws, only keep records for as long as is necessary. However, the Conduct

Regulations require references to be kept for 1 year

Document type

How long to keep for (and source of requirement)

following the introduction or supply of a workseeker 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.

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 e.g. 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: 3 years after the end of the pay reference period following the one that the records cover (National Minimum Wage Act 1998)

Or 6 years (5 in Scotland) in order to show that you have paid at least national minimum wage rates if a breach of contract claim is brought against you.

Sickness records – statutory sick pay

Records can be kept in a flexible manner which best suits your business but should be kept for payroll purposes (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.

Gender pay gap reporting

1 year

Company financial records

VAT

6 years

Company accounts

6 years

  • Payroll information
  • CIS records

3 years from the end of the tax year

ITEPA (the intermediaries legislation) records

Report due every quarter, to be kept for no less than 3 years after the end of the tax year to which they relate.

  1. 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 the Northampton Branch : Susan Coshan Branch Manager 01604 642739. 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. Where this is the case, we will tell you and we will restrict the data to only what is necessary for 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.

   

  1. 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.

Cookie Name Purpose More information
wordpress_test_cookie WP Cookie check Session Required – Checks browser cookie handling for other cookies
wordpress_logged_in_* WP Logged In Security Required – Keeps user logged in
wordpress_sec_* WP Security Security Required – User session security tokens
_ga Google Analytics Measurement Optional – Registers visit with Google Analytics
_gat Google Analytics Tracking Analytics Optional – Helps understand how users navigate the site
_gid Google ID Analytics Optional – Integrates visit with user’s Google ID if present
fr Facebook Reference Third-party Optional – Integrates visit with user’s Facebook Account if present
fr Facebook Reference (static) Third-party Optional – Integrates visit with user’s Facebook Account if present

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, please refer to our Cookie Policy.

  1. Log Files

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

  1. Links to external websites

The Company’s website may contains 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.

  1. 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.

  1. Data Security

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

  • Connections, logins, and file uploads are performed over a secure HTTPS connection using a 2048 bit RSA Public Key issued by Starfield Secure Certificate Authority.
  • The connection to the site is encrypted and authenticated using TLS 1.2 (a strong protocol), ECDHE_RSA with P-256 (a strong key exchange), and AES_128_GCM (a strong cipher).
  • Repeat login attempts are logged and excessive failed logins are temporarily blocked.
  • Direct access to uploaded assets is blocked.
  • Follows latest strong password guidelines.

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 of the data you have given us you can email Susan Coshan email: susan.coshan@acenorthampton.com.

  1. Changes to this privacy statement

We will update this privacy statement from time to time.

  1. Complaints or queries

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

Susan Coshan 27 Caxton House, Northampton Science Park, Kings Park Road, Northampton NN3 6LG – 01604 642739 email: susan.coshan@acenorthampton.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.