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 fulfill a contractual obligation that we have with you
1.2. 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
1.3. 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.
1.4. 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
2. Information to be provided when data collected not from the data subject
2.1. Categories of data:
The Company has collected the following personal data on you:
Personal data:
- Name, address, mobile number, email
- National insurance number
- Nationality (through right-to-work check)
Sensitive personal data:
- Health information including whether you have a disability
- Criminal conviction
2.2. Source of the personal data:
The Company sourced your personal data/sensitive personal data:
- From jobs boards, LinkedIn
- A former employer
- A referee whose details you previously provided to us
- Software providers who we use to support our services
- Cookies listed in Section 7
3. Data retention
The Company will retain your personal data only for as long as is necessary for the purpose we collect it. As we work with you for the duration of your professional working life or for the lifetime of your business, we will retain your data until such time that we are advised that you have left a business that is a client of Bayman Atkinson Smythe or that the business is no longer trading. We ensure that personal data is securely destroyed once the purpose or purposes for processing have come to an end and there is no legal requirement or valid operational reason for its continued retention.
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.
4. 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 the erasure of your personal data in certain circumstances
- The right to restrict the 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 us. 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.
5. 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.
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]. [Please note that in a few cases, some of our website features may not function if you remove cookies from your browser.]
6. Log Files
We use IP addresses to analyse trends, administer the site, track users’ movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
7. 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.
8. 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.
9. Data Security
The Company takes every precaution to protect our users’ information. Only employees who need the information to perform a specific job 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 clairebayman@basrecruitment.com
10. Changes to this privacy statement
It is important to point out that we may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here.
This policy was last updated on the 7th of February 2024
11. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it, please contact Claire Bayman by email to clairebayman@basrecruitment.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.
If you are dissatisfied with any aspect of our Privacy Policy, you may have legal rights, and, where relevant, we have described these as well.