GDPR Privacy Notice
Cream Personnel Services Limited is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you in accordance with the General Data Protection Regulation (GDPR).
Cream Personnel Services Limited, a recruitment agency and recruitment business as defined in the Employment Agencies and Employment Businesses Regulations 2003, of 2 Victoria Square, Hanley, ST1 4JH is a ‘data controller’. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This privacy notice applies to current and former employees, temporary workers, clients and suppliers.
This notice does not form part of any contract of employment, terms of engagement or other contract to provide services. We may update this notice at any time. For the avoidance of doubt, we are required by law to issue this notice to all individuals for which we hold personal data and the issuing of this notice does not alter the terms of any contract we have agreed with you and does not alter the status under which we have contracted with you.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
DATA PROTECTION PRINCIPLES
We will comply with the data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes
3. Relevant to the purposes we have told you about and limited only to those purposes
4. Accurate and kept up to date
5. Kept only as long as necessary for the purposes we have told you about
6. Kept securely
THE INFORMATION WE HOLD ABOUT YOU
Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed anonymous data. There are ‘special categories’ of more sensitive personal data which require a higher level of protection.
We may collect, store and use the following categories of personal information about:
• Personal contact details such as name, title, addresses, telephone numbers and personal email addresses.
• Date of Birth
• National Insurance Number
• Bank Account details
• Private and corporate email addresses
• Financial information (including but not limited to payroll details and terms, HMRC data, pension scheme details, court orders and statutory payments)
• Salary, annual leave, grievance and disciplinary information for employees only
• Start date, leave date
• Location of workplace
• Recruitment information including copies of right to work documentation, references and other information included in a CV or as part of the application process
• Information about your use of our information and communications systems
• A log of our communications with you by email, telephone and WhatsApp
• Any other work related information you provide for example, education or training certificates
We also collect, store and use the following ‘special categories’ of more sensitive personal information:
• Information about your health including any medical condition, health and sickness records
• Records from the Disclosure and Barring Service
HOW WE COLLECT THE INFORMATION
This information will have been provided, or will be provided, by you or a third party who we work with, such as a Job Board Company or another employment business or agency. In the case of references, these will be from your previous employers. Medical information may be supplied by a third party such as your GP, Consultant or Occupational Health or supplied in our Employment Fitness Questionnaire. The outcome of criminal record checks and security clearance checks, where relevant, will be supplied by the Disclosure and Barring Service or other external company applicable to the placement.
The above information is used to provide our services to you in our capacity as an employment business / agency to find you suitable work whether on a temporary or permanent basis based on your requirements as set out below.
HOW WE WILL USE INFORMATION ABOUT YOU
We will only use your personal information when the law allows us to. Most commonly we will use your personal information in the following circumstances
1. Where we need to perform the contract we have entered into with you. In order to perform our contract with you we may contact you by post, telephone, email or any other electronic means
2. Where we need to comply with a legal obligation
3. Where we have identified legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
We may also use your personal information in the following situations:
1. Where we need to protect your interests (or someone else’s interests)
2. Where it is needed in the public interest or for official purposes
Situations in which we will use your personal information
We will need all the categories of information in the list above primarily to allow us to:
• Perform our contract with you (including for us to determine your suitability for roles) if we are negotiating or have entered into an agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation
• To enable us to comply with legal obligations
• In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
We have indicated below the purpose or purposes for which we are processing or will process your personal information as well as indicating which categories of data are involved.
• Determining the terms on which you work for us
• Checking you are legally entitled to work in the UK
• Paying you and deducting tax, National Insurance contributions
• Liaising with your pension provider (if applicable)
• Administering the contract we have entered into with you
• Making decisions about your continued employment or engagement
• Making arrangements for the termination of our contract with you
• Dealing with legal disputes involving you, or other employees or workers including accidents at work and safeguarding issues
• Ascertaining your fitness to work
• Managing sickness absence
• Complying with health and safety obligations
• To prevent fraud
• To monitor your use of our information and communication systems to ensure compliance with IT policies.
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution
• To conduct data analytics studies to review an better understand workers retention and attrition rates
• Equal opportunities monitoring
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
It should be noted that the reasons listed above may not apply to all those we engage with. For example if you are engaged under Terms of Engagement then we will not be using your personal information for disciplinary or grievance matters.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of Purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
‘Special categories’ of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
1. In limited circumstances with your explicit written consent
2. Where we need to carry out our legal obligations and in line with our data protection policy
3. It is needed in the public interest, such as for equal opportunities monitoring or in relation to pension scheme and in line with our data protection policy
4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.
Our obligations as an employer of our employees (not engaged under Terms of Engagement)
For employees we may use your particularly sensitive personal information in the following ways:
• We may use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws
• We may use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that that you agree to any request for consent from us.
INFORMATION ABOUT CRIMINAL CONVICTIONS
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
Less commonly we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
We do undertake DBS checks and may undertake a DBS check on you when required. If we do so you will give us consent by completing a DBS Application Form or a Consent Form for us to check for any updates on a DBS original certificate which you have registered with the DBS Update Service. We will retain a copy of the DBS results on your file.
AUTOMATED DECISION MAKING
Automated decision making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to automated decision making in the following circumstances:
1. Where we have notified you of the decision and given you 21 days to request a reconsideration
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision making unless we have a lawful basis for doing so and we have notified you.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Our Head Office and branches may share your data between themselves. We will share this data when required in order to discharge our obligations to you or to administer our working relationship with you. We will not share this date in order to send you marketing material unless we have obtained your consent to do so. We have a legitimate business interest to keep you up to date with news about our company and keep you up to date with changes in law. We utilise Mail Chimp to email this information to you using the email address supplied in your application.
We may have to share your data with third parties, including third party service providers and other entities. We require third parties to respect the security of your data and to treat it in accordance with the law.
In the event that we transfer your personal information outside the EU you can expect a similar degree of protection in respect of your personal information.
Why might we share your personal information with third parties?
We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third party service providers process your personal information?
‘Third Parties’ includes third party service providers. The following third party service providers or categories of third party service providers MAY process personal information about you for the following purposes:
• Internet and website hosting companies and services
• Master and Neutral Vendors – web based timesheet and invoice processing services
• ESOS Ltd and their associate or subsidiary companies to process wage payments, invoice processing and collection of debts
• DBS and Basic or Scottish Disclosure requests - uCheck
• ‘Cloud Geeni’ – management of emails, data storage and provision of excel and word
• Get It Gone – Disposal of confidential waste
• Capita PLC via their Security Watchdog™ platform - They undertake pre-employment screening and background checks for some, but not all, of our Clients
• Legal advisors
• Clients or Suppliers
How secure is my information with third party service providers and other entities in our company?
All our third party service providers and other entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
We have put in place measure to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition we limit access to your personal information to those employees, agents and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Jenny Muir our Data Privacy Manager.
We have put in place procedures with deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. Details of retention periods for different aspects of your personal information are available in our Retention Policy which is available from Jenny Muir. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements. Ordinarily we anticipate that we will retain your data for six years after the financial year that we last processed your personal data i.e. from the date that you last worked for us.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee or worker of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
YOUR RIGHTS – INDIVIDUAL RIGHTS
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period you provide services to us.
Your rights in connection with personal information
Under certain circumstance, by law you have the right to:
• Request access to your personal information (commonly known as a ‘data subject access request’). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below)
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it
• Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data or request that we transfer a copy of your personal information to another party please contact Jenny M Muir in writing.
No fee is usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent please contact Jenny M Muir. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
DATA PROTECTION MANAGER
We have appointed a Data Privacy Manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information please contact our Data Privacy Manager – firstname.lastname@example.org. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. The ICO can be contacted through this link: https://ico.org.uk/concerns/
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.