Privacy Policy

Our Company contact details: 

Contact us via post at:

Total Recruitment Solutions LTD

Suite 18

Crosby Business Centre

Mersey View

Crosby

L22 6QA

Contact us via email at:

enquiries@totalrecruitmentsolutions.org.uk

Contact via telephone on:

0151 3192188

What is the purpose of this document?

This privacy notice provides a framework of understanding about the personal data that is collected by Total Recruitment Solutions Ltd ("hereinafter referred to as The Company"), as required by law including the provisions of the European Union's General Data Protection Regulation (GDPR)

The Company is a recruitment business which provides work-finding, recruitment, training and related services to its clients and work-seekers.

The Company must process personal data so that it can provide these services – in doing so, the Company acts as a data controller. We will only use your personal data in accordance with the terms outlined in our contracts and our privacy notice.

This privacy notice applies to:

· Our job candidates and recipients of our career services.

· Our associates, who are people we source or place on assignment with one of our clients, or individuals to whom we provide outplacement or career transition services.

· Representatives of our business partners, clients, and suppliers.

It applies to individuals who work for us, whether employed or not. It also covers information on those who apply to work for us. This notice does not form part of any contract of employment or other contract to provide services.

It is important that you read and retain 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 and what your rights are under the data protection legislation.

Data Protection Principles 

We will comply with data protection law. This says that the personal information we hold about you must be:

· Used lawfully, fairly and in a transparent way.

· Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

· Relevant to the purposes we have told you about and limited only to those purposes.

· Accurate and kept up to date.

· Kept only as long as necessary for the purposes we have told you about.

· Stored securely.

The kind of information we hold about you.

Personal data, or personal information, is any information about an individual from which that person may be identified. It does not include data where the identity has been removed (anonymised data). There are certain types of more sensitive personal data which require a greater level of protection, such as information about a person’s health, ethnicity, or sexual orientation. Information about criminal convictions also warrants a greater level of protection.

We may collect personal data about you in variety of ways, such as through our Sites and social media channels; via phone and/or email; through job applications; in connection with in-person recruitment; or in connection with our interactions with clients and vendors. We may collect a selection of personal data dependent on the nature of the relationship, including, but not limited to (as permitted under local law): Contact information (such as name, postal address, email address and telephone number); Information you provide about friends or other people you would like us to contact. (The Company assumes that the other person previously gave an authorization for such communication) 

Candidates

In addition, if you are an associate or job candidate, you apply for a position we may collect the following types of personal data (as permitted under local law):

· Employment and education history.

· Language proficiencies and other work-related skills.

· National Insurance number, national identifier, or other government-issued identification number.

· Date of birth.

· Gender.

· Citizenship and work authorization status including Government generated share codes.

· Benefits information.

· Tax-related information.

· Information provided by references, and information contained in your resume or C.V.

· Information you provide regarding your career interests, and other information about your qualifications for employment.

· Marital status and dependents

· Next of kin and emergency contact information.

· Birth certificates or drivers’ licenses to confirm identity.

· DVLA forms for roles which require driving.

· Bank account details, payroll records and tax status information.

· Salary, annual leave, pension and benefits information.

· Start date and, if different, the date of your continuous employment.

· Leaving date and your reason for leaving.

· Location of employment or workplace.

· Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).

· Compensation history.

· Performance information.

· Disciplinary and grievance information.

· CCTV footage and other information obtained through electronic means such as swipe cards and fob records.

· Photographs.

We may also collect, store, and use the following more sensitive types of personal information: Information about your health, including any medical condition, health, and sickness records, including:

· Where you leave employment and the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision.

· Details of any absences (other than holidays) from work including time on sick leave.

· Information about criminal convictions and offences if you are legally required to inform us.

Prospective Candidates

We collect personal data about you, including your name and contact details and professional biographical details obtained from publicly available sources such as Jobs Boards, LinkedIn, and social media sites, so that we can contact you if we think you may be interested in our work finding services at a future date. We may also obtain your personal data through another candidate or an employer who recommends you as a contact.

Prospective Business Clients

We collect your contact details and data relating to your function or position to establish commercial relationships with your company.

Users of our website or apps

We collect personal data such as your IP address and other data about your device which we need to provide our online content to you. We also collect data about your engagement with our website or apps such as the pages you view. If you contact us, we will also collect information about your enquiry. We use cookies and similar technologies to collect a lot of this information and our cookie policy tells you more about this.

Clients

We collect personal data such as your name, job title and contact details. We also process personal data about what communications we have had with you, including whether you have opened or forwarded any emails, newsletters, or other content we have sent to you. We also process feedback that you provide about our candidates. 

If you provide information to us about a candidate (for example, if you confirm a candidate has worked with you or if you provide a reference), then we will obtain your details from the candidate and we will keep a record of the personal data that you provide to us about that candidate. 

We process personal data about you from public domain sources such as LinkedIn and social networking sites or because you were a delegate at one of our events or at an event where the event organiser is permitted to share delegate details with us.

Suppliers

We typically collect your name and contact details as a business contact for your organisation.

How is your personal information collected?

We collect personal information about individuals who work or apply to work for us, whether employed or not (for instance, work applicants, employees, workers, contractors, etc.) through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers or credit reference agencies.

The Company will collect additional personal information of their own staff during the course of job-related activities throughout the period of employment.

Legal Grounds for processing your Personal Data

Under the UK GDPR, we rely on the following legal grounds to process your personal data:

· Performance of a contract with you

· Necessary to comply with a legal obligation.

· Necessary for our legitimate interests (to keep our records updated)

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal grounds, we are relying on to process your personal data where more than one ground has been set out above.

How we will use information collected 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:

· Workforce planning, recruitment, and staffing.

· Workforce administration, payroll, compensation, and benefit programs.

· Performance management, learning and development.

· Advancement and succession planning.

· Legal compliance, including compliance with government authority requests for information, liens, garnishments, and tax compliance.

· Workplace management, such as travel and expense programs and internal health and safety programs.

· Internal reporting.

· Audit.

· To protect the Company, its workforce, and the public against injury, theft, legal liability, fraud, or abuse.

· Other legal and customary business-related purposes.

In addition, the Company shall process sensitive personal information (‘special category’ data) if it is needed for legitimate business objectives or if it is required to comply with applicable law. Sensitive personal information will not be collected, processed, or transferred, except where adequate privacy protection mechanisms are in place and after having first obtained your informed consent, if required by law.

Your personal information may be passed to a client (defined as an organisation the Company operates with and supplies Workers on assignment to), and vice versa. Such data may include confirmation of your performance on a specific assignment, which the Client may provide to the Company so that it can ensure you are performing at the standard requirements. Information will only be shared to ensure that the Company can administer the employment and/or contractual relationship with you. The Company will not pass any personal data that is not necessary to fulfil its obligations to you and the Client.

The Company may obtain information about you from searching for potential candidates from third party sources such as job sites. If you engage with the Company via any social media platform such as Facebook, the Company will receive information from the applicable site.

Other reasons how and why we may use your personal information, some of the below grounds for processing information will overlap and there may be several grounds which justify our use of your personal information. 

· When we need to fulfil the contract, we have entered with you.

· Where we need to comply with a legal obligation.

· Where it is necessary for the purposes of the legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

· Where you have given specific consent to processing your data.

· Where we need to protect your interests (or someone else’s interests).

· Where it is needed in the public interest (or for official purposes).

· Situations in which we will use your personal information.

The examples in the list cannot, of course, be exhaustive. For example, although the list does not mention data relating to criminal offences, if we were to find out that someone working for us was suspected of committing a criminal offence, we might process that information if relevant for our purposes.

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 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).

How we use particularly sensitive 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 have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. If we process sensitive personal data about you, as well as ensuring that one of the grounds for processing mentioned above applies, we will make sure that one or more of the grounds for processing sensitive personal data applies. In outline, these include:

· Where we need to conduct our legal obligations or exercise rights in connection with employment.

· Where processing is necessary for provision of health care or treatment, medical diagnosis, and assessment of your working capacity.

· Where processing is necessary for the purpose of establishing, making or defending legal claims.

· Where processing relates to data about you that you have made public (e.g., if you tell colleagues that you are ill).

· Where we process sensitive personal data for equality and diversity purposes to the extent allowed by law.

· Our obligations as an employer

We will use your particularly sensitive personal information in the following ways:

We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.

We will 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 including statutory maternity pay, statutory sick pay, pensions, and permanent health insurance.

Do we need your consent?

In general, 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 the field of employment law. In limited circumstances (e.g. occasions where we do specific things such as providing a reference or obtaining medical reports), 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 you agree to any request for consent from us.

Information about criminal convictions and offences.

We may only use information relating to criminal convictions where the law requires 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 will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally obliged to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you during you working for us. We will only use information about criminal convictions and offences where the processing is authorised by the law providing for appropriate safeguards for your rights and freedoms.

Data Sharing

We may have to share your data with third parties, including third-party service providers clients. We require third parties to respect the security of your data and to treat it in accordance with the law. We may transfer your personal information outside of the UK and/or the EEA to members of our group and/or processors. If we do, you can expect a similar degree of protection in respect of your personal information.

We will 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.

Specific circumstances in which your personal data may be disclosed include:

· Disclosure to organizations that process data on our behalf such as our payroll service, insurers and other benefit providers, our bank and organizations that host our IT systems and data.

· Disclosure to respond to law enforcement agency requests or where required by applicable laws, by court orders, or arbitral or tribunal orders or rules of procedure, or to government regulations departments or agencies or regulatory bodies (including disclosures to tax and employment authorities), employment and any other regulatory bodies).

· Disclosure on a confidential basis to our advisers, for example to our lawyers for the purposes of seeking legal advice or to further The Lush Group’s interests in legal proceedings and to our accountants for auditing purposes.

· Disclosure to our insurers.

· Disclosure of aggregated and anonymized diversity data to relevant regulators as part of a formal request

How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group 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 without your prior consent. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

When might we share my personal information with other entities in the group?

We will share your personal information with other entities in our group as part of our regular business activities, such as reporting on company performance, system maintenance support and communication. We will share personal data relating to your participation in any pension arrangements operated by a group company with other entities in the group for the purposes of administering the share plans.

What about other third parties?

We will never knowingly share your personal information with other third parties. However, we may need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, disclosures to stock exchange regulators (including a Regulatory News Service) and disclosures to shareholders such as directors’ remuneration reporting requirements.

Transferring information outside of the UK and/or the EEA

Where necessary to deliver our services, we may transfer personal information to countries outside of the UK and/or the EEA. When doing so, we will comply with our legal and regulatory obligations in relation to the personal information including having a lawful basis for transferring personal information and putting appropriate safeguards in place (for example, Standard Contractual Clauses) to ensure an adequate level of protection for the personal information.

Data Security

We have put in place measures to protect the security of your information. Details of these measures are available upon request from the Data Privacy Team. 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 data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. These include:

· Physical measures: locked filing cabinets, restriction of access to offices.

· Technical tools: passwords and encryption, using industry best practices.

Organizational controls: confidentiality agreements, limiting access on a need-to-know basis, staff training and security clearances.

In addition to the above, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to access that data. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. We secure access to our website using ‘https’ technology.

Data retention: 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. 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.

Rights of access, correction, erasure, and restriction.

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 your working relationship with us.

Your rights in connection with personal information, under certain circumstances, by law you have the right to:

· Request access to your personal information (commonly known as a ‘Data Subject Access Request’ or ‘SAR’). 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 to continue 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 situation which makes you want to object to processing on this ground. You also have the right to object to 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.

· Make a complaint to the Information Commissioner’s Office (ICO). The ICO’s website can be found at http://ico.org.uk 

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 your department manager in writing.

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.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is 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 your department manager. 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. Withdrawing your consent will not affect the lawfulness of what we have done before you do so.

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.