The purpose of this document is to set out the privacy entitlements of Data Subjects, as defined in the General Data Protection Regulation (GDPR), of living persons. Privacy can only apply to information that is not already in the public domain and GDPR only applies to such personal data.
The General Data Protection Regulation (GDPR) is a European Union Regulation that sets out the data entitlements of data subjects and the obligations of those who process the personal data of data subjects. GDPR seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU.
We have identified our data subjects as being:
Our candidates – permanent, temporary agency workers, contractors
The individuals with whom we have contact at our client, prospective client and supplier businesses
Our own employees – our own employee data processing information is set out in their employee handbook
Legal basis for processing any personal data
We rely upon the following legal bases for data collection:
Candidates: Information is required in order to perform the contract of “Employment agent” on behalf of our candidates with potential employers. The basis of data gathering in that instance is contractual requirement. This will include identification information such as but not limited to name, address, date of birth, information regarding education/qualifications and reference checks.
Clients/Suppliers: We will process data pursuant to business to business transactions, but where so required, we will rely on the lawful basis of necessary for the performance of the contract for the processing of personal data within this relationship.
2. Statutory/Legal Obligation:
Information is required in order to perform our statutory obligations such as tax returns and compliance with employment permit legislation. This information will include PPS numbers and, where relevant, evidence of entitlement to work. This is the case for temporary agency workers and contractors.
3. Legitimate Interest:
Clients: We will utilise personal data in the form of email addresses and contact telephone numbers in order to keep our clients and potential clients informed in relation to the careers and market related information. We consider that this is in the legitimate interest of our business to maintain our market presence.
Candidates: Information is processed in the legitimate interests of the business of the employment agency, and where so processed it will be in accordance with and subject to your data subject rights and entitlements. We process your data when it is in the legitimate interests of our company to do so and we do this balancing your data protection rights. We consider that our legitimate interest is that you have registered with us because you are interested in gaining access to the information we provide in relation to salary surveys, marketplace analysis, regulatory changes etc., and/or information in relation to the career opportunities with our clients and prospective clients.
In balancing your data protection rights against this legitimate interest of our company, we have considered:
1. The frequency of notifications to you in order to ensure that no nuisance is caused to you;
2. The security and integrity of the data you have provided to us;
3. Your rights and entitlements to stop the processing of your data with ease and to this end we put you in control of the data that is accessible in our website
4. Consent: On occasion we may rely on consent in the collection and processing of some data. Given the nature of the relationship of agent to Candidate and agent to Client we consider that consent is not an appropriate ground on which to rely and therefore it will only be utilised in rare occasions.
This Privacy Statement sets out how we use and process any information that you give to us. We respect your privacy and are committed to protecting your personal information. This Privacy Statement explains how we collect, transfer, process, use and disclose your data and sets out our security practices.
COLLECTION OF PERSONAL DATA
We collect personal data that you provide to us, which is information that identifies you as an individual. This data may include your:
• email address(s)
• phone number(s)
• employment history,
• CV and any other information required to provide you with job placement services
• We may source contact details through social media and reach out to you there
We collect data from you and process it in the provision of our services as a recruitment company. The process we follow is that you send us your details because (1) you are applying for a position advertised by us and (2) you wish to register with the agency in order to put yourself forward to any positions which may become available and are of interest to you.
We receive all applications by email, we hold all applications within our secure email filing system until we have the opportunity to screen the application and its suitability for the positions we currently have available. We will screen your application for all positions suitable, regardless of whether you have applied for only one position or registered with us in general. If you applied for only one position, we will make contact with you to advise you that we have other positions of interest and in that conversation we will seek your consent to talk to you about those other positions. You are free to say no and state that you are only interested in the position you applied for. If you say yes, we will then proceed to register you on the agency’s data records management system. Once screened, candidates who are suitable for the positions that are or may become available are then placed on data records management system, and all of our recruitment consultants can then view that data and bring to the attention of the candidate any position that may be of interest. Candidates who are not suitable for any positions available or not available will be kept in our filing system for a period of one year after which their details will be deleted. Due to the volume of applications we are not be able to reply to every application.
Once an applicant is registered, they are considered a candidate. Our candidate/consultant relationship involves receiving your data, highlighting your skills and competencies, making telephone contact with you, emailing you with positions that may be of interest to you, emailing and telephoning potential employers to advance your career prospects with those companies and sharing your data with those potential employers.
When you register with us you are agreeing to our company acting as an agent for you in your pursuit of an employment position with a third party until you either opt out (which you can do at any stage). Our company in their capacity as your agent operates as a Data Controller in respect of the personal data you supply to us. We share your data with third party Clients in order to advance your prospect of obtaining your desired position and while we require that our clients are GDPR compliant we can make no guarantees or warranties in that regard.
For some positions we are obliged to collect data that could be considered to be sensitive data that is required for legal compliance purposes, such as for security or HIQA audit purposes, we will inform you fully if and when this circumstance arises.
Our experience has been that we have candidates who come back to us again and again over the course of their career when they wish to change jobs or are looking for a new challenge.
Consequently our policy is to keep your data on our records management system indefinitely, until such time as you indicate you would rather that we deleted your data. We will send you an email once per year asking you to update your information in order to ensure that the details we have are accurate and up to date.
We collect personal data about you from the application forms and questionnaires you may be asked to complete; we also gather personal data from records of our correspondence, phone calls, emails and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. This information can be used to identify visitors to our website and also to collect statistics about the behaviour of visitors to our website.
We collect personally identifiable information (DATA) that you provide to us, which is information that identifies you as an individual. We collect DATA about Client and Supplier contacts from a number of sources, as follows:
• The DATA is provided directly by the contact directly
• The DATA maybe provide from another source within the Client or Supplier
• The information may be collected from public sources including social media; we may reach out to you through social media
USE OF YOUR PERSONAL INFORMATION
We collect and use all DATA that you volunteer to deliver the job-seeking or related services you have requested. Your information will only be used for matching your skills with potential job opportunities and will be only disclosed to prospective employers at your expressed direction. By providing your DATA, and where you have agreed to receiving communications from us, we may use the information:
• to consider your application for employment
• to notify you of our new employment opportunities
• to respond to your requests
• to improve our level of service
• share your information with prospective employers to increase your chances of securing the job you want
We collect and use all DATA in accordance with the provision and furtherance of our recruitment business. Your information will only be used to contact you in the following circumstances:
• to discuss potential requirements for our services
• to develop an understanding of the Clients organisation and the Candidate profile requirements
• to discuss potential candidates for vacancies you have requested us to assist you in recruiting for
• to schedule candidate interviews
• to update you on candidates whose data we have shared with you and their progression in the process and on-boarding of successful candidates
• to share interview contact information with candidate(s) who are actively interviewing with you.
We use Client and Supplier personal data for the purposes of making and receiving payments in the ordinary course of business.
Any contact information that you provide through our system will not be sold, leased and/or distributed to any third party for the purpose of selling or marketing to you. We do not broker data.
SECURITY OF YOUR PERSONAL INFORMATION
We will do our utmost to protect user privacy through the appropriate use of security technology. We ensure that we have appropriate physical and technological security measures to protect your information.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
LINKS TO OTHER WEBSITES
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever. You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
We will process personal data during the duration of any contract and will continue to store only the personal data needed for periods after the contract has expired to meet any legal obligations as set out in the table below. After these periods any personal data not needed will be deleted.
DATA SUBJECT RIGHTS UNDER GDPR
ACCESS TO INFORMATION AND UPDATING, VERIFYING, DELETING AND RETENTION OF PERSONAL DATA
Subject to other applicable legal requirements, we intend to hold your personal data for 5 years from the date you have volunteer your DATA to us to use it on your behalf. This retention period is based on our experience that, having engaged with us on employment options, individuals are open to considering new opportunities within that timeframe. Each individual has the right to withdraw their consent and have their personal information erased at any time.
• Right of access – you have the right to request a copy of the information that we hold about you in accordance with Section 86 of the Data Protection Act 2018; this is not an absolute right and is subject to the privacy rights and entitlements of others also;
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete in accordance with Section 87 and Section 89 of the Data Protection Act 2018;
• Right to erasure – in certain circumstances, you can ask for the data we hold about you to be erased from our records in accordance with Section 87 and Section 89 of the Data Protection Act 2018; this is not an absolute right and is subject to the obligations of data retention imposed on us by statute;
• Right to restriction of processing – where certain conditions apply to have a right to restrict the processing in accordance with Section 87 and Section 89 of the Data Protection Act 2018
• Right of portability – subject to certain restrictions, you have the right to have the data we hold about you transferred to another organisation where we hold it in electronic form. This right of data portability applies to: (i) personal data that we process automatically (i.e. without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
These rights may on occasion need to be modified/curtailed by statutory or competing obligations, for example, you may request that we delete your data, however if we have been your employer will can only do so after the statutory period of record retention has expired. In the event that we are obliged to refuse your request in accordance with your data subject rights, or if we are obliged to place conditions on our assent to your request, we will provide you with a reason as to why, which you have the right to legally challenge.
At any time following a request from you we can confirm what information we hold about you, as well as how and why it is being processed.