Contact details: Colegal LLP (“Colegal”)
Registered office: First Floor, 153 St Asaph Rd, London SE4 2DZ.

PRIVACY NOTICE AND DATA PROTECTION POLICY

Introduction

Colegal is committed to ensuring that your privacy is protected. This page sets out how Colegal uses and protects any information that you give Colegal when you use this website, provide personal and/or sensitive data, or when Colegal obtains such data from a third party (e.g. a jobs board) . At all times we will comply with current data protection laws.

We may collect the following information:

• name and job title
• contact information including physical and email addresses
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping
• Improving or customising our services, including the website
• Promotional emails about new services and special offers

PRIVACY NOTICE

Colegal is a recruitment business which provides work-finding services to its clients and work-seekers. Colegal must process personal data (including sensitive personal data) so that it can provide these services – in doing so, Colegal acts as a data controller.

You may give your personal details to Colegal directly, such as on an application or registration form or via our website, or we may collect them from another source such as a jobs board. Colegal must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you we will only use your personal data in accordance with the terms of the following statement.

1. Collection and use of personal data

a. Purpose of processing and legal basis

Colegal 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, arranging payments to you and developing and managing our services and relationship with you and our clients.

If you have opted-in we may also send you marketing information and news via email/ 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.

The legal bases we rely upon to offer these 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

b. Legitimate interest

This is where Colegal 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 Colegal 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;
• To provide payroll services in relation to temporary workers.

c. Recipient/s of data

Colegal will process your personal data and/or sensitive personal data with the following recipients:

• Potential employers / Colegal clients (e.g. law firms, financial institutions, local authorities, etc.)
• Colegal’s payroll, pre-employment screening, IT and insurance providers
• Other recruitment agencies or payroll service providers in the supply chain
• Former/prospective candidate employers (or agents of) in respect of employment references
• HMRC and other government/public/enforcement bodies as may be required

d. Statutory/contractual requirement

Your personal data may be required by law and/or a contractual requirement (e.g. to process temporary worker payroll) , and/or a requirement necessary to enter into a contract (e.g. our client as a prospective employer will require personal data) . Recruitment businesses must also collect certain personal data to meet statutory obligations e.g. the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (to check identity, right to work, suitability for the role, qualifications and experience, etc.) , immigration and tax legislation, and in some circumstances safeguarding requirements.

Where you are obliged to provide the personal data, if you do not the consequences of failure to provide the data include:

• We may be unable to introduce or supply you to a client for a role
• We may be unable to process your payroll
• We may be unable to provide employment references

2. Overseas Transfers

Colegal may transfer only the information you provide to us to countries outside the European Economic Area (“EEA”) for the purposes of providing you with work-finding services. We will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

3. Data retention

Colegal will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time.

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. Colegal will retain personal data (including sensitive personal data) for two years, where such data is held in relation to a contract, the data will be retained for six years.

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.

Where Colegal has obtained your consent to process your personal and/or sensitive personal data, we will do so in line with our retention policy. Upon expiry of that period Colegal will seek further consent from you. Where consent is not granted Colegal will cease to process your personal data and/or sensitive personal data.

4. Your rights

Please be aware that you have the following data protection rights:

• The right to be informed about the personal data Colegal processes on you;
• The right of access to the personal data Colegal processes on you;
• 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 Colegal processing your personal data and/or sensitive personal data you have the right to withdraw that consent at any time by contacting info@colegal.co.uk

There may be circumstances where Colegal will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific reasons.

If you believe that any of your data that Colegal 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. Automated decision-making

Colegal may use automated decision-making, including profiling, to assist in assessing your suitability for a role – including geographical location, academic qualifications and employment experience - as permitted by law, and any such tools if used will not be the sole basis of processing by Colegal.

6. Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Louise Gonzi at info@colegal.co.uk You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at ICO Complaints, 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.

DATA PROTECTION POLICY

Contents

• Introduction
• Definitions
• Data processing under the Data Protection Laws
• 1.The data protection principles
• 2.Legal bases for processing
• 3.Privacy by design and by default
• Rights of the Individual
• 1.Privacy notices
• 2.Subject access requests
• 3.Rectification
• 4.Erasure
• 5.Restriction of processing
• 6.Data portability
• 7.Object to processing
• 8.Enforcement of rights
• 9.Automated decision making
• Personal data breaches
• 1.Personal data breaches where Colegal is the data controller
• 2.Personal data breaches where Colegal is the data processor
• 3.Communicating personal data breaches to individuals
• The Human Rights Act 1998
• Complaints
• Appendix
• Annex – legal bases for processing personal data

Introduction

All organisations that process personal data are required to comply with data protection legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the EU General Data Protection Regulation (together the ‘Data Protection Laws’) . The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.

As a recruitment business Colegal collects and processes both personal data and sensitive personal data. It is required to do so to comply with other legislation. It is also required to keep this data for different periods depending on the nature of the data.

This policy sets out how Colegal implements the Data Protection Laws. It should be read in conjunction with the Data Protection Procedure.

Definitions

In this policy the following terms have the following meanings:

• ‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her;
• ‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;
• ‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;
• ‘personal data’* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;
• ‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving) , adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
• ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual;
• ‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.
• * For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we specifically need to refer to sensitive personal data.
• ‘Supervisory authority’ means an independent public authority which is responsible for monitoring the application of data protection. In the UK the supervisory authority is the Information Commissioner’s Office (ICO) .

All of these definitions are italicised throughout this policy to remind the reader that they are defined terms.

Data processing under the Data Protection Laws

Colegal processes personal data in relation to its own staff, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. Colegal has registered with the ICO and its registration number is Z2109264.

Colegal may hold personal data on individuals for the following purposes:

• Staff administration;
• Advertising, marketing and public relations;
• Accounts and records;
• Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support;
• Administration and processing of work-seekers’ personal data for the purposes of providing payroll services; and
• Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers.

1. The data protection principles

The Data Protection Laws require Colegal acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:

• Processed lawfully, fairly and in a transparent manner;
• Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
• Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
• Accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
• Kept for no longer than is necessary for the purposes for which the personal data are processed;
• Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that
• The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.

2. Legal bases for processing

Colegal will only process personal data where it has a legal basis for doing so (see Annex A) . Where Colegal does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.

Colegal will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.

Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support) ) , Colegal will establish that it has a legal reason for making the transfer.

3. Privacy by design and by default

Colegal has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes implementing measures such as:

• data minimisation (i.e. not keeping data for longer than is necessary) ;
• pseudonymisation;
• anonymization; and
• cyber security.

For further information please refer to Colegal’s information security policy.

Rights of the individual

Colegal shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. Colegal may provide this information orally if requested to do so by the individual.

a) Privacy notices

Where Colegal collects personal data from the individual, Colegal will give the individual a privacy notice at the time when it first obtains the personal data.

Where Colegal collects personal data other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month. If Colegal intends to disclose the personal data to a third party then the privacy notice will be issued when the personal data are first disclosed (if not issued sooner) .

Where Colegal intends to further process the personal data for a purpose other than that for which the data was initially collected, Colegal will give the individual information on that other purpose and any relevant further information before it does the further processing.

b) Subject access requests

The individual is entitled to access their personal data on request from the data controller.

c) Rectification

The individual or another data controller at the individual’s request, has the right to ask Colegal to rectify any inaccurate or incomplete personal data concerning an individual.

If Colegal has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however Colegal will not be in a position to audit those third parties to ensure that the rectification has occurred.

d) Erasure

The individual or another data controller at the individual’s request, has the right to ask Colegal to erase an individual’s personal data.

If Colegal receives a request to erase it will ask the individual if s/he wants his personal data to be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise) . Colegal cannot keep a record of individuals whose data it has erased so the individual may be contacted again by Colegal should Colegal come into possession of the individual’s personal data at a later date.

If Colegal has made the data public, it shall take reasonable steps to inform other data controllers and data processors processing the personal data to erase the personal data, taking into account available technology and the cost of implementation.

If Colegal has given the personal data to any third parties it will tell those third parties that it has received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however Colegal will not be in a position to audit those third parties to ensure that the rectification has occurred.

e) Restriction of processing

The individual or a data controller at the individual’s request, has the right to ask Colegal to restrict its processing of an individual’s personal data where:

• The individual challenges the accuracy of the personal data;
• The processing is unlawful and the individual opposes its erasure;
• Colegal no longer needs the personal data for the purposes of the processing, but the personal data is required for the establishment, exercise or defence of legal claims; or
• The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of Colegal override those of the individual.

If Colegal has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however Colegal will not be in a position to audit those third parties to ensure that the rectification has occurred.

f) Data portability

The individual shall have the right to receive personal data concerning him or her, which he or she has provided to Colegal, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller in circumstances where:

• The processing is based on the individual’s consent or a contract; and
• The processing is carried out by automated means.

Where feasible, Colegal will send the personal data to a named third party on the individual’s request.

g) Object to processing

The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. The individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest.

Colegal shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

The individual has the right to object to their personal data for direct marketing. Please refer to Colegal’s Marketing Policy for further information.

h) Enforcement of rights

All requests regarding individual rights should be sent to the person whose details are listed in the Appendix.

Colegal shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. Colegal may extend this period for two further months where necessary, taking into account the complexity and the number of requests.

Where Colegal considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature Colegal may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.

i) Automated decision making

Colegal will not subject individuals to decisions based on automated processing that produce a legal effect or a similarly significant effect on the individual, except where the automated decision:

• Is necessary for the entering into or performance of a contract between the data controller and the individual;
• Is authorised by law; or
• The individual has given their explicit consent.

Colegal will not carry out any automated decision-making or profiling using the personal data of a child.

Personal data breaches

Reporting personal data breaches

All data breaches should be referred to the persons whose details are listed in the Appendix.

1. Personal data breaches where Colegal is the data controller:

Where Colegal establishes that a personal data breach has taken place, Colegal will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual Colegal will notify the ICO.

Where the personal data breach happens outside the UK, Colegal shall alert the relevant supervisory authority for data breaches in the effected jurisdiction.

2. Personal data breaches where Colegal is the data processor:

Colegal will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.

3. Communicating personal data breaches to individuals

Where Colegal has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, Colegal shall tell all affected individuals without undue delay.

Colegal will not be required to tell individuals about the personal data breach where:

• Colegal has implemented appropriate technical and organisational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption.
• Colegal has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
• It would involve disproportionate effort to tell all affected individuals. Instead, Colegal shall make a public communication or similar measure to tell all affected individuals.

The Human Rights Act 1998

All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:

• Right to respect for private and family life (Article 8) .
• Freedom of thought, belief and religion (Article 9) .
• Freedom of expression (Article 10) .
• Freedom of assembly and association (Article 11) .
• Protection from discrimination in respect of rights and freedoms under the HRA (Article 14) .

Complaints

If you have a complaint or suggestion about Colegal’s handling of personal data then please contact the person whose details are listed in the Appendix to this policy.

Alternatively you can contact the ICO directly on 0303 123 1113 or at ICO contact

Appendix

Responsibility for adding, amending or deleting personal data will be undertaken by all designated members and staff of Colegal. Responsibility for responding to subject access requests/requests for rectification, erasure, restriction on processing, data portability, objections to automated decision making processes, profiling; and reporting data breaches/dealing with complaints will be undertaken by the designated members of Colegal. All can be contacted at info@colegal.co.uk

Annex A

a) 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.

b) 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.

Updated May 2018