CANDIDATE PRIVACY NOTICE
Data Protection – Privacy Notice – Temporary Workers
How we use your personal data
Under UK data protection law we are required to provide you with specific information about how we will use and process any personal data we hold on you.
We have set out that information in this document. If you have any queries please contact us on the details provided below.
The purpose(s) for which we use your personal data and the lawful basis for such processingNetbox Recruitment Limited may use your personal data for the following purposes:
- In order to meet our contractual obligations towards you under your contract with us and (where applicable) under employment law;
- Where applicable, in order to exercise our rights in the field of employment law;
- In order to meet our legal obligations including undertaking right to work checks, complying with our social security obligations and ensuring the payments are taxed and subject to national insurance deductions in the correct way;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Our processing is based primarily on the lawful processing conditions of Necessity, Legal Compliance and our Legitimate Interests (or those of a third party).
Less frequently, we may process your data on the grounds of Vital Interests.
We may also process special categories of information relating to you such as information about your health, trade union membership and details of any criminal convictions where this is necessary to carry out our obligations or exercise our rights in the fields of employment law and/or social security and/or necessary for the purposes of assessing your capacity and fitness to work on a particular placement. We will otherwise request your explicit Consent for the processing of such special category data.
Examples of how we use your personal data in the context of your relationship with us as a temporary worker include
- To decide whether to engage you;
- To assess your suitability for potential placement roles;
- To decide how much to pay you, and the other terms of your contract with us;
- To decide how much to charge clients for the provision of your services;
- To check you have the legal right to work for us or on a particular placement;
- To carry out the contract between us including where relevant, its termination;
- To decide whether and how to manage your performance, absence or conduct;
- To carry out a disciplinary or grievance investigation or procedure in relation to you or someone else;
- To liaise with our client relating to any matters arising when you are on an assignment;
- To determine whether we need to make reasonable adjustments to your workplace or role because of your disability;
- To monitor diversity and equal opportunities;
- To monitor and protect the security (including network security) of Netbox Recruitment Limited, of you, our other staff, customers and others;
- To monitor and protect the health and safety of you, our other staff, customers and third parties;
- To pay you and, if applicable, provide pension and other benefits in accordance with the contract between us;
- Paying tax and national insurance;
- To provide a reference upon request from a third party or seek references for you;
- Monitoring compliance by you, us and others with our policies and our contractual obligations and any rules or policies that apply to you whilst on a placement;
- To comply with employment law, immigration law, health and safety law, tax law and other laws which affect us;
- To answer questions from insurers in respect of any insurance policies which relate to you;
- Running our business and planning for the future;
- To send you marketing communications via email or other communication means in relation to our services and/or available roles;
- To answer questions from clients with whom you may be placed which relate to you;
- The prevention and detection of fraud or other criminal offences;
- To defend ourselves in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure.
The legal basis for the processing we carry out
Consent: means that you, the “data subject”, have given us your consent to the processing of your personal data for one or more specific purposes.
Where we process your personal data on the basis of Consent you have the right to withdraw that consent at any time.
Necessity: means that the processing we carry out is necessary for the performance of a contract we have with you or in order to take steps at your request prior to entering into a contract with you.
Legal Compliance: means that the processing we carry out is necessary for compliance by us with a legal obligation placed on us.
Legitimate Interests: means that the processing of your personal data is necessary for the purposes of our legitimate interests or by a third party and those interests are considered to be sufficient to override your interests or fundamental rights and freedoms which require protection of your personal data.
Vital Interests: means that the processing of your personal data is being undertaken to protect your vital interests (normally your health and safety in an emergency or incident situation) or that of another person and where such processing applies to special categories of personal data e.g. health data about you, where you are not capable legally or physically of giving your consent.
Where we rely on Necessity or Legal Compliance
If you fail to provide certain personal information when requested or otherwise object or seek to restrict our ability to process your personal data under these lawful processing conditions, we may not be able to perform the contract we have entered into 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 and social security laws). Ultimately it may not be possible to engage or place you in some cases.
Where we rely on Legitimate Interests
We rely on this lawful processing condition to process your personal data where we believe that on balance it is in the legitimate interests of Netbox Recruitment Limited to do so and where the risk to your fundamental rights and freedoms do not outweigh those interests.
What categories of personal data do we have about you?
Where we have obtained your personal data from you, you will be aware of the data provided to us. Where we have obtained your personal data from a third party the information we have collected about you is as follows:
Contact telephone Numbers
National Insurance Number
Who do we pass/share your personal data with?
Netbox Recruitment Limited does not share your information with any third party company or organisation other than those listed below and for the purposes stipulated.
Other categories of recipient of the personal data you provide to us are:
- Our group company, Netbox Recruitment Limited for the administration of our payroll and other administrative functions.
- Our clients in relation to roles that you have expressed an interest in being placed in.
- Our clients where we become aware of roles that you may be suitable to be placed in.
- HM Revenue and Customs for taxation and social security administration purposes.
- Our insurers where necessary in connection with our insurance cover and provision.
- We may pass your personal data to our third party service providers, agents subcontractors and other associated organisations (including our group company, Netbox Digital Limited) for the purposes of completing tasks and providing services to you that we have agreed to provide e.g. pension administrators, pension trustees, benefits providers, payroll providers etc.
- When we use third party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and in to keep in accordance with the requirements of UK Data Protection Law and not to use it for their own direct marketing purposes.
- We may transfer your personal information to a third party as otherwise permitted by UK Data Protection Law, for example to our legal advisors or in order to comply with a legal requirement or obligation placed on us by law.
Do we transfer your personal data to other countries?
Your personal data can be transferred and processed in one or more other countries in or outside of the European Union if it is relevant to the progression of your potential placement in a role you have applied or expressed an interest in. We shall only transfer your data outside the European Union to countries which the European Commission believes offer an adequate level of protection to you or where Netbox Recruitment Limited has put in place appropriate safeguards to preserve the privacy of your information.
How long will you keep my personal data for?
For a copy of our Retention Policy please go to: www.netboxrecruitment.com
The accuracy of your information is important to us.
We’re working on ways to make it easier for you to review and correct the information that we hold about you. In the meantime, if you change email address, or any of the other information we hold is inaccurate or out of date, please email email@example.com to provide updated details.
Your Individual Rights
Under the Data Protection Act 2018 and the related European General Data Protection Regulation you have the following individual rights
- To make a subject access request;
- To request the rectification of your personal data;
- To request that we erase your personal data (the “right to be forgotten”)
- To request that we restrict the processing of your personal data;
- To request data portability;
- To object to our processing of your personal data.
Further details on these rights, when they apply, how to exercise them and the exemptions and wider rules and requirements that apply to such rights. Please visit the Information Commissioner’s website at www.ico.org.uk
Raising Concerns with the Information Commissioner
If you are unhappy with how Netbox Recruitment Limited is using your personal data we would encourage you to raise this concern with Sarah Gilbertson – Director firstname.lastname@example.org
You have the right to lodge a complaint with the Information Commissioner if you are unhappy with how we are handling our data protection obligations, please visit the Information Commissioner’s website at www.ico.org.uk
Automated decision making and profiling
We do not currently use automated decision making systems or profiling.
Who we are/Contacting Us
Under UK Data Protection Law, we are required to tell you the identity of the legal person who controls your personal data.
We are Netbox Recruitment Limited. We are registered in England and Wales under company number 9521494. Our registered office address is: 107 Rochester Airport Industrial Estate, Lake Road, Rochester, Kent ME1 3QX. Our correspondence address is Unit 5, The Courtyard Business Centre, Birling Road, Ryarsh, West Malling, Kent ME19 5AA and our telephone number is 01732 671121.
Please address any queries to Sarah Gilbertson - Director