Life Professional Care Ltd
Temporary Employment Business: GDPR privacy notice.
Privacy notice:
Life professional Care Ltd is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including special category data) so that it can provide these services – in doing so, the Company acts as a data controller.
You may provide your personal details to the Company directly, such as on an application form, by CV or via our website or we may collect them from another source such as a job 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.
This notice explains how Life professional Care Ltd (referred to in this notice as we, us or our) collects and uses information during the work finding process. This notice covers the following:
What is personal data?
Personal data is any information that tells us something about you. This could include information such as your name, contact details, date of birth, and references.
How do we collect personal data?
We collect personal data about you from various sources including:
· from you when you contac is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including special category data) so that it can provide these services – in doing so, the Company acts as a data controller
· from other people when we check references or carry out background checks – if we do this, we will inform you during the recruitment process of the checks that are carried out.
· Job boards
What information do we collect?
We collect the following categories of information about you:
· Personal contact details such as name, title, address, telephone number and personal email addresses
· Date of birth
· Equal opportunities monitoring information such as gender, race and ethnicity
· Recruitment information (including copies of right to work documentation, references, DBS, PIN number training records and other information in your CV or application form or otherwise provided as part of the registration process)
· Information about criminal convictions and offences committed by you
· Health declaration
How do we use your information?
We use your information for the following purposes:
· Supply work finding services
· To check you are legally entitled to work in the UK
· To assess your qualifications, experience and skills for a particular role or assignment
· To conduct data analytics studies to review and better understand job application rates
· To carry out equal opportunities monitoring
· Audits, as we operate in the healthcare industry, we required to be audited by our clients to ensure legal and contractual compliance
· For payroll processing purposes
· To request or complete reference for work seeking opportunities
· Investigations for NMC or safeguarding referrals
What is the legal basis that permits us to use your information?
Under data protection legislation we are only permitted to use your personal data if we have a legal basis for doing so as set out in the data protection legislation. We 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
· Contractual obligation
· Legal obligation
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
The Table at the end of this notice provides more detail about the information that we use, the legal basis that we rely on in each case and your rights.
Some information is classified as "special" data under data protection legislation. This includes information relating to health, racial or ethnic origin, religious beliefs or political opinions, sexual orientation and trade union membership. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal data. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data. We may process special categories of personal data and criminal conviction information in limited circumstances with your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.
What happens if you do not provide information that we request?
We need some of your personal data in order to conduct the work finding services. If you do not provide such information, we may not be able to continue with the recruitment process or offer you employment/engagement.
How do we share your information?
We share your personal data in the following ways:
· Where we use third party services providers who process personal data on our behalf in order to provide services to us. This may include:
o Clients in the Healthcare sector (we will always seek your consent before providing your data to a client)
o Occupational Health Provider
o NMC
o HMRC
o Auto-enrolment pension provider
· We will share your personal data with third parties where we are required to do so by
· law or to comply with our regulatory obligations.
· If we sell any part of our business and/or integrate it with another organisation your details may be disclosed to our advisers and to prospective purchasers or joint venture partners and their advisers. Where we share your personal data with third parties, we ensure that we have appropriate measures in place to safeguard your personal data and to ensure that it is solely used for legitimate purposes in line with this privacy notice
How do we safeguard your personal data?
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or processed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to only those employees, agents, contractors and other third-parties who have a business need to know. They will only process your personal data on our instruction and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data beach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Will we transfer your data outside of the European Economic Area?
Additionally, we may transfer your personal data to third-party who area outside of the European Economic Area (EEA).
Whenever we transfer your personal data our of the EEA, we ensure a similar degree or protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
· Where we use third-parties outside of the EEA, we may use specific contracts approved by the European Commission, these areas sometimes known as standard contractual clauses which give personal data the same protection is has in the EEA; or
· Where we use third-parties based in the US, we may transfer your personal data to them, providing that they area singed up to the EU/US Privacy Shield. This requires the third-party to provide a similar level of protections to personal data shared as is applicable in the EEA.
For how long do we keep your information?
As a general rule we keep personal data about candidates for the duration of the recruitment and selection process and for a period of:
· 12 months post registering
· 24 months post placement for working seeking services
· 6 years post placement for HMRC purposes
However, where we have statutory obligations to keep personal data for a longer period or where we may need your information for a longer period in case of a legal claim, then the retention period may be longer. Candidates are considered to be ‘registered’ when they have commenced the compliance process. No Personal Data will be retained for candidates that do not progress to the compliance stage.
What rights do you have in relation to your personal data?
You have the following data protection rights when we use your personal data:
a) Your right to request access to your personal data – this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
b) Your right to request correction of the personal data that we hold about you – this enables you to have any incomplete or inaccurate personal data we hold about you corrected, though we may need to verify the accuracy of the new personal data you provide to us.
c) Your right to request of your personal data – this enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing under Section (d) where we may process your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of ensure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
d) Your right to request to processing of your personal data – this enables you to object to the processing of your personal data where we are relying on legitimate interests (or those of a third-party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we area processing your personal data for direct marketing purpose. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
e) Your right to request restriction of processing of your personal data – this enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the personal data is unlawful but you do not want us to erase it; (c) where you need us to hold the personal data even if we no longer require it as you need to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal data but we need to verify whether we have overriding legitimate ground to use it.
f) Your right to withdraw consent – this right arises at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this the case at the time you withdraw your consent
*The following generally applicable rights always apply: right to be informed, right of access, right to rectification, right to erasure, right to restriction and rights in relation to automated decision making. For more detail about your rights and how to exercise them please see Your rights in relation to your information
GDPR Privacy Notice June 2019