Data Protection Policy

1. 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 the Company 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 the Company implements the Data Protection Laws. It should be read in conjunction with the Company’s Data Protection Procedure.

1. 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 personal 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.

1. Data Processing under the Data Protection Laws

The Company 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. The Company has registered with the ICO and its registration number is Z215933X.

The Company 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 clients’ personal data for the purposes of supplying/introducing work-seekers.

1. The data protection principles   

The Data Protection Laws require the Company 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:

1. Processed lawfully, fairly and in a transparent manner;
2. Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4. 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;
5. Kept for no longer than is necessary for the purposes for which the personal data are processed;
6. 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
7. The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.
1. Legal basis for processing

The Company will only process personal data where it has a legal basis for doing so. Where the Company does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.

The Company 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)), the Company will establish that it has a legal reason for making the transfer.

1. Privacy by design and by default

The Company 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
• cyber security

For further information please refer to the Calibre Search’s Technology Policy.

The Company 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. The Company may provide this information orally if requested to do so by the individual.

1. Rights of the Individual
1. Privacy notices

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

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

1. Subject access requests

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

1. Rectification

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

If the Company 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 the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.

1. Erasure

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

If the Company 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).  The Company cannot keep a record of individuals whose data it has erased so the individual may be contacted again by the Company should the Company come into possession of the individual’s personal data at a later date.

If the Company 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 the Company 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 the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.

1. Restriction of Processing

The individual or a data controller at the individual’s request, has the right to ask the Company 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;
• The Company 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 the Company override those of the individual.

If the Company 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 the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.

1. Data portability

The individual shall have the right to receive personal data concerning him or her, which he or she has provided to the Company, 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, the Company will send the personal data to a named third party on the individual’s request.

1. 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.

The Company 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 the Company’s Marketing Policy for further information.

1. Enforcement of rights

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

The Company 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. The Company may extend this period for two further months where necessary, taking into account the complexity and the number of requests.

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

1. Automated decision making

The Company 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.

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

1. 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 the Company is the data controller

Where the Company establishes that a personal data breach has taken place, the Company 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 the Company will notify the ICO.

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

1. Personal data breaches where the Company is the data processor

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

1. Communicating personal data breaches to individuals

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

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

• The Company 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.
• The Company 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, the Company shall make a public communication or similar measure to tell all affected individuals.

1. Confidentiality

You shall not at any time during your employment (except in the proper performance of your duties or with the express written consent of Calibre) nor at any time (without limit) after its

termination directly or indirectly use or disclose trade secrets, know-how or confidential information relating to or belonging to Calibre or any Group Company or the Calibre’s or any

Group’s Company’s agents, clients, prospective clients, candidates or suppliers ("Confidential Information").

For the purposes of this clause, Confidential Information shall include any information relating to the business and/or the financial affairs of Calibre Search or any Group and the Company's and/or any Group Company’s agents, clients, former clients, prospective clients, candidates or suppliers and in particular shall include without limitation:

• Our business methods and information (including without limitation our systems, structure of our services, prices charged, discounts given to clients or obtained from suppliers, product development, marketing and advertising programmes, costings, budgets, turnover, sales targets or other financial information);
• lists and particulars of our clients, former clients, prospective clients and suppliers and the individual contacts at such clients, former clients, prospective clients and suppliers (including without limitation information stored on Bullhorn or such other database used by us);
• lists and particulars of our candidates;
• details and terms of our agreements with suppliers and clients;
• confidential details as to the design of Calibre Search and its and/or their suppliers' products and inventions or developments relating to future products;
• details of any promotions or future promotions or marketing or publicity exercises planned by us;
• details of any budgets, business plans, strategies (including pricing strategies) and sales forecasts;
• any information which may affect the value of the business or the shares;
• confidential management and financial information, results and forecasts (including draft, provisional and final figures), including dividend information, turnover and stock levels, profits and profit margins, save to the extent that these are included in published audited accounts;
• any confidential proposals relating to the acquisition or disposal of any part or the whole of a company or business or to any proposed expansion or contraction of activities;
• confidential details of employees, consultants and officers and of the remuneration, fees and other benefits paid to them;
• any information which is treated as confidential or which you are told or ought reasonably to know is confidential and any information which has been given us in confidence by clients, suppliers or other persons,
• whether or not in the case of documents or other written materials or any materials in electronic format they are or were marked as confidential and whether or not, in the case of other information, such information is identified or treated by us as being confidential.

You shall not be restrained from using or disclosing any Confidential Information which:

• you are authorised to use or disclose; or
• has entered the public domain unless it enters the public domain as a result of an unauthorised disclosure by you or anyone else employed or engaged by us; or
• you are required to disclose by law; or
• you are entitled to disclose under section 43A of the Employment Rights Act 1996 provided that the disclosure is made in an appropriate way to an appropriate person having regard any procedure of Calibre Search and to the provisions of that Act.
• provided that in the case of any disclosure under clauses · and · above, you shall (to the extent permitted by the applicable laws) notify us in advance of disclosure.

You shall use your best endeavours to protect the confidentiality of the Confidential Information and shall inform the Board or such other person as may be notified to you in writing from time to time by us, immediately on becoming aware or suspecting that any third party may know or have used any of the Confidential Information. 

You shall not make copies of any document, memoranda, correspondence, computer disk, CD-Rom, memory stick, video tape or any similar matter (including for the avoidance of doubt in any electronic format) other than in the proper performance of your duties except with the written authority of the Board which authority will apply in that instance only.

You shall not make any public statement (whether written or oral) to media or otherwise relating to our affairs and shall not write any article for publication on the matter concerned with the business without the prior consent of the Board.

1. 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).

1. Complaints

If you have a complaint or suggestion about the Company’s handling of personal data then please contact our Data Protection officer at dataprotection@calibresearch.co.uk.

Alternatively you can contact the ICO directly on 0303 123 1113 or at https://ico.org.uk/global/contact-us/email/

Signed:

Mark Lyons, Managing Director