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Company Name:
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Jomo People Ltd (‘the Company’)
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Document:
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Consent (Candidate Agreement)
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Topic:
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Data Protection
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Date:
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1st January 2020
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Version:
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1
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Jomo People Ltd is a recruitment agency 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 job boards. 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.
In providing this service to you, you consent to your personal data being included on a computerised database and consent to us transferring your personal details to our clients. We may check the information collected, with third parties or with other information held by us. We may also use or pass to certain third parties information to prevent or detect crime, to protect public funds, or in other ways permitted or required by law.
Contents
- Equal Opportunities
- Collection and use of personal data
- Purpose of processing and legal basis
- Legitimate interest
- Statutory/contractual requirement
- Recipients of data
- Information to be provided when data is not collected directly from the data subject
- Categories of data
- Sources of data
- Overseas transfers
- Data retention
- Your rights
- Sale of the business
- Data security
- Changes to this privacy statement
- Complaints or queries
- Consent
1. Equal Opportunities
The Company is committed to a policy of equal opportunities for all work-seekers and shall adhere to such policy at all times and review on an ongoing basis all aspects of recruitment to avoid unlawful or undesirable discrimination. The Company will treat everyone equally, irrespective of sex, sexual orientation, marital or civil partnership status, age, disability, race, colour, nationality, ethnic or national origin, religion or belief, political beliefs, pregnancy, gender re-assignment or membership or non-membership of a trade union and we place an obligation upon all staff to respect and act in accordance with this policy. The Company shall not discriminate unlawfully when deciding which candidate is submitted for a job or assignment, or in any terms of employment. The Company will ensure that each candidate is assessed only in accordance with the candidate’s merits, qualifications and ability to perform the relevant duties required by a particular vacancy.
2. 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 replying “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 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;
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 whom we may seek references from or prospective new employers who we provide references to
- Payroll service providers who manage payroll on our behalf or other payment intermediaries whom we may introduce you to
- The Recruitment and Employment Confederation
- Any other third parties who carry out audits to ensure that you we run the business correctly
- Payroll service providers who manage our payroll on our behalf
- Any umbrella companies that we pass candidate data to
- Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);
- Our insurers
- Our legal advisers
- Social networks
- Your IT and CRM providers
- Any public information sources and third-party organisations that we may use to carry out suitability checks on work-seekers e.g. Companies House, the 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 our group companies; and
- Any other organisations an individual asks us to share their data with.
3. Information to be provided when data collected not from the data subject
Categories of data: The Company has collected the following personal data on you:
Personal data:
- Name, address, mobile phone number, home phone number, email address, past employment data (CV)
- Date of birth (through proof of identity and eligibility to work)
- National insurance number
- Nationality (through right to work check)
- And any other information as provided on your CV
Sensitive personal data:
- Health information including whether you have a disability
- Unspent criminal conviction
Source of the personal data: The Company sourced your personal data/sensitive personal data:
- Yourself, during the initial screening process
- From jobs boards, LinkedIn or Social Media
- A former employer
- A referee whose details you previously provided to us
- Software providers who we use to support our services
- Via a CV provided by yourself
This information may or may not have come from a publicly accessible source.
4. 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.
5. 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 and we have had no contact with you, the Company will cease to process your personal data and sensitive personal data by archiving (or possibly deleting) your file. If you do not inform us that you wish to have your details retained, then we will archive or delete your file. When we archive your details we will remove your contact details, however may retain an incomplete file regarding your history with the Company.
6. 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 Katie Armitage, Director, Jomo People Ltd, The Maltings, East Tyndall Street, Cardiff, CF24 5EZ. 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.
7. 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.
8. Data Security
The Company takes every precaution to protect our users’ information.
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 our data security, you can email Katie Armitage katie@jomopeople.co.uk
9. 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.
10. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact Katie Armitage, Director, Jomo People Ltd, The Maltings, East Tyndall Street, Cardiff, CF24 5EZ.
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.
- Consent
By accepting this candidate agreement, I hereby confirm that the information given is true and correct. I give my consent to the Company to process the following information:
Personal data
- Name
- Date of birth
- Contact details, including telephone number, email address and postal address
- Experience, training and qualifications
- CV
- National insurance number
Sensitive personal data
- Disability/health condition relevant to the role
- Unspent criminal convictions (Please see note 1)
I consent to the Company processing the above personal data for the following purposes:
- For the Company to provide me with work-finding services
- For the Company to process or transfer my personal data to their clients in order to provide me with work-finding services
- For the Company to process my data on a computerised database in order to provide me with work-finding services
- For the Company to process my data using automated decision making processes
- For the Company to process my personal data with third parties for the purpose of internal audits and investigations carried out on the Company to ensure that the Company is complying with the relevant laws and obligations
The consent will last until I specifically withdraw or in accordance to data protection laws, the Company are required to destroy all unused data
I am aware that I have the right to withdraw my consent at any time by informing the Company that I wish to do so. However I understand that the Company may continue to process my personal data where it has a legal obligation to continue to do so
Note 1: Certain types of employment and professions are exempt from the Rehabilitation of Offenders Act 1974 and in those cases particularly where the employment is sought in relation to positions involving working with children or vulnerable adults, details of all criminal convictions must be given. The information given will be treated in the strictest confidence and only taken into account where, in the reasonable opinion of the Company, the offence is relevant to the post to which you are applying. Failure to declare a conviction may require us to exclude you from our database if the offence is not declared but later comes to light.