Building Careers UK provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.
You may give your personal details to the Company 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. The Company 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 statements.
Where BCUK obtains personal data directly from you
1. Collection and use of personal data
a. Purpose of processing and legal basis
The Company 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.
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 the Company 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 the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
• Keeping work-seeker and client records up to date (managing our database);
• Contacting you (the data subject) to seek consent if/when required;
• Providing work-finding services to an individual, including sending information to our clients where they have demonstrated an interest in doing that particular type of work but not expressly consented to you passing on their cv;
• Contacting an individual with information about similar products or services that they have used from you recently; and
• Passing work-seeker’s information to debt collection agencies.
c. Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following potential groups of recipients:
• Client businesses/prospective employers – we won’t send your personal data to businesses we haven’t discussed with you
• Former employers (for example if we need to obtain references)
• Service providers where appropriate or applicable – including payroll/umbrella companies, third party back-office administration system providers, IT providers
• Master vendor systems where this is required for supply into particular employers
• Legal advisors and insurers if required
• Third party organisations where we are required to carry out verification checks, for example CSCS card checks, qualification checks, the Disclosure & Barring Service (DBS), HMRC, Law enforcement agencies, regulators and government if required
• The Recruitment & Employment Confederation (REC) and trade unions if required
• Any other organisations or third parties you ask us to share your details with
The above list is an indication of the categories of third parties that may have access to your data where it’s appropriate given the circumstances. We provide a robust service to our clients and candidates, which means when we talk to you, especially if it’s for the first time, we’ll discuss the relevant and appropriate options and courses of action with you. For example, if you’ll never need an umbrella company, they’ll never receive your details.
d. Statutory/contractual requirement
This refers to when your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. Where this becomes the case (for example under the Conduct of Employment Agencies and Employment Business Regulations 2003 where we are obliged to check eligibility to work in the UK), we will inform you, and in these circumstances you are obliged to provide the personal data. If you do not, the consequences of failure to provide this data are an inability on our part to complete the introduction of you to a client.
2. Data retention
The Company 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.
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 the Company has obtained your consent to process your personal data, we will do so in line with our retention policy which is outlined in Appendix 1. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your data.
3. Your rights
Please be aware that you have the following data protection rights:
• The right to be informed about the personal data the Company processes on you;
• The right of access to the personal data the Company 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 the Company processing your personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting George Lucking, Operations Manager at firstname.lastname@example.org or on 0151 230 1690. Alternatively you can alert your consultant who will communicate the consent withdrawal.
There may be circumstances where the Company 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 the Company 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.
4. Automated decision-making
From time to time and only at the specific request of a prospective employer for a specific vacancy, we may use automated profiling tools (in the form of psychometric testing) to assist ourselves and the client in assessing suitability for a position.
In these circumstances, we will inform you of the client’s reasoning for the usage of the system and the extent to which it will affect the outcome of the recruitment process. We will also obtain your consent to participate in the automated sections of the process.
When personal data is obtained from a third party
All of the above apply, in addition to:
Source of the personal data
The Company may have sourced your personal data/sensitive personal data by one of the following means:
• Job board / job site
• A professional colleague/peer
• Law enforcement or legal records agencies (such as: HMRC; the DBS)
• Linked In (some information is publicly accessible)
• Media sources such as newspaper/public news (publicly accessible)
Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: George Lucking, Operations Manager, on 0151 230 1690 or at email@example.com
You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/, 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.
APPENDIX 1 – BCUK RETENTION POLICY
|Document Type||Retention Guide||BCUK Retention Period|
|Minimum 1 year from creation or last provision of services.||
Complying with guidelines, and records to be removed after no contact within the two calendar years before the current.
This keeps records accurate, maintained and relevant whilst enabling BCUK to continue to provide high levels of service to clients and candidates
Where data is obtained via a third party and records created, BCUk will attempt contact for a period of 4 weeks to establish legitimate interest before removing the records (there is no legal requirement to keep data for individuals to whom we have not provided services)
|Terms of engagement / terms of business||6 years – legal period in which contractual claims can be made||As per retention guide|
Working time records
|2 years from creation||As per retention guide|
|Annual appraisal / assessment records||No specific guide||Retain current staff records during employment, and for 6 years after (due to legal period for contractual claims)|
|References||Conduct regulations – minimum 1 year after introduction / supply of a work-seeker to a client, then as long as is necessary||As per retention guide – worker references remain on CRM file to ensure suitability for work / clients to whom they are supplied.|
|Right to Work records||2 years after engagement or employment has ended||As per retention guide|
|Criminal Records Checks / Disclosure Barring Checks||No specific guide||Duty of care to clients means information must remain on candidate file to ensure correct level of service|
|National Minimum Wage documentation||For HMRC – 3 years after the end of the pay reference period following the one covered by the records||6 years – to cover period for contractual claims|
|Sickness records (SSP)||Manner which best suits the business|
|Statutory maternity, paternity & adoption pay||3 years from the end of the tax year to which it relates||As per retention guide|
|Pensions auto-enrolment (including enrolment date, joining date, opt-in and opt-out notices, contributions paid)||6 years (except for opt-out notices which should be kept for 4 years)||As per retention guide|
|Gender pay gap reporting||1 year (but statement will kept on government website and organisation’s website for 3 years)||As per retention guide|
|VAT records||6 years||As per retention guide|
|Company Accounts||6 years||As per retention guide|
|Payroll information and CIS records||3 years form the end of the tax year||As per retention guide|
|ITEPA records (intermediaries legislation)||Quarterly reports to be kept for minimum 3 years after the tax year to which they relate||As per retention guide|
Where BCUK has obtained consent to collect or process personal data, this consent will last for 2 years, which is the length of time the related documents are considered relevant. BCUK will seek to re-obtain consent when this consent expires.