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 and developing and managing our services and relationship with you and our clients.

When you register to apply for a specific vacancy, we collect basic personal data about you e.g. name, address, email, telephone number, job title, salary and other information provided by you which may be contained in your CV or Supporting Statements.   

1. The lawfulness of processing conditions for personal data are:

1. Consent of the individual for one or more specific purposes.
2. Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.
3. Processing is necessary for compliance with a legal obligation that the controller is subject to.
4. Processing is necessary to protect the vital interests of the individual or another person.
5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
6. Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.

1. The lawfulness of processing conditions for sensitive personal data are:

1. Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.
2. Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.
3. Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.
4. In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.
5. Processing relates to personal data which are manifestly made public by the individual.
6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
7. Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.
8. Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.
9. Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.
10. Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.

If you have opted-in we may also send you marketing information, and news via email or text.  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:

• 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

The data we may collect about you are likely to be from the following sources:

• CV, application form or registration form
• A client e.g. reference or recommendation purposes
• Other candidates, e.g. you may be referred as an appropriate person to approach for a role
• Online job sites e.g. where your CV and contact details may be stored and you have agreed third parties can access your details
• Marketing databases
• Public domain e.g. LinkedIn, employer website
• Social media
• Interview or direct conversation with  you whether that be via telephone, Skype, or a face to face meeting

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;
• Providing work-finding services to the individual, including sending some information to our clients where you have demonstrated an interest in working for the particular cause or organisation. This does not include sending over your CV without prior permission from you.

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.)  For example, to check identity, right to work, suitability for a role, qualifications and experience. 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.  

Recipient/s of data

The Company will process your personal data with the following recipients:

• Clients
• Former employers whom we may seek references from
• Other recruitment agencies or data collectors working on behalf of our client e.g. where a client uses an external supplier to accept applications, such as a separate portal
• Service providers we use for testing purposes such as SHL, or representatives our clients use, Service providers requiring salary data such as HR Consultancy services carrying out salary reviews or benchmarking
• Any other  third parties who carry out audits to ensure that we run our business correctly e.g. Government,  law enforcement agencies and other regulators e.g. the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Recruitment and Employment Confederation (REC), Local Authority Designated Officers (LADOs), GLAA, ICO.
• Any other organisations you ask the Company to share your data with.

The Company will retain your personal data only for as long as is necessary for the purpose we collect it but not for more than five years. We are under a legal obligation to retain data for at least twelve months (Conduct of Employment Agencies and Employment Businesses Regulations 2003), from (a) the date of your record being created or (b) after the date on which we last provided you with work-finding services. Typically your details will not be retained for longer than five years.

The Company may also retain your data for longer than five years where we have a contractual obligation to do so where or we believe your personal data represents specialist knowledge or skillset which is likely to remain of interest. In these circumstance we may wish to contact you sometime in the future.

You can at any stage request that any personal data we are not legally obliged to retain more than twelve months is deleted.

Where the Company has obtained your consent to process your personal data we will do so in line with our retention policy of retaining your details for five years from our last contact with you. 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 personal data.

Please keep us informed if your personal data changes during your time registered with the Company as it is important this data we is accurate and the most up to date. 

Under certain circumstances, by law, you have the right to: 

• 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 (data subject access request);
• 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 you have the right to withdraw that consent at any time by contacting: Toby Lloyd, Data Protection Officer via Toby.Lloyd@nfpconsulting.co.uk. 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 e.g. where we are legally obliged to retain your details for 12 months.

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.

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 note that in a few cases some of our website features may not function if you remove cookies from your browser.

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.

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. 

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.

The Company takes every precaution to protect our users’ information, e.g. firewalls, browser certification technology, encryption, limited access, use of passwords etc. as appropriate].

Only employees who need the information to perform a specific job (for example, directors, consultants, our accounts department, marketing and research team, IT and database staff, and administration staff 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 Toby Lloyd, Data Protection Officer at Toby.Lloyd@nfpconsulting.co.uk

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. 

If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Toby Lloyd, Data Protection Officer at Toby.Lloyd@nfpconsulting.co.uk. 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.