WORKMATES Data Protection GDPR Privacy Notice – Regulations May 2018
Here at Workmates we do all we can to respect your right to privacy and the protection of your personal information
This Privacy notice, together with our Terms and Conditions and Data Protection Policy, sets out how WORKMATES Premier Limited use and protect any information provided to us.
Workmates Premier Limited is a data controller and data processor for the purposes of data protection legislation. Relevant, authorised members of staff will have access to personal information. We ask you to share information with us so we can provide you with work finding and related services. This notice tells you what you can expect from us, and how we will protect your rights. It is applicable to information we collect about our staff members, our agency workers and individuals who work at our clients and other companies we do business with.
If you wish to exercise any of your data rights, please contact our Data Protection Officer on 01243 842765 or email admin@workmates247.com
Processing Information
Workmates processes information about individuals, known as “personal data” in order to carry out our business as an employment business for the purposes of temporary recruitment services, and as an employment agency for the purposes of permanent recruitment services.
By law, we have obligations to ensure that candidates we place into vacancies are suitable for positions, and that those positions are suitable for those candidates. We have a duty of care to look after the best interests of our staff members, agency workers and clients and to do that we need to collect and process relevant information. We process some information to help us make sure we are delivering a service that treats people legally and fairly, prevents human rights abuses and is always improving.
Data Rights
All individuals have the following rights regarding their personal data:
The right to be informed – You have the right to be informed about what information Workmates holds, what we use it for, who we are sharing it with, how long we are keeping it and on what basis we process the data. As an employment business, we have a legitimate interest in processing personal data to ensure we are matching candidates with suitable vacancies / work opportunities. There are also times where we have to process personal information because we are required to by law. For areas outside of the above, we will seek consent.
- The right of access – If you would like to see the records we hold on file for you, please make a request in writing to our Data Controller at Workmates.
- The right to rectification – If you believe we are holding incorrect information, you can ask us to correct it.
- The right to erasure – You can ask us to remove your information. As long as there is no legal requirement for us to keep your information (for example, HMRC require us to keep payroll records for time periods as set by law), we will remove your details.
- The right to restrict processing – Instead of asking it to be removed, you can ask us to stop processing it. For example, you can ask us to stop contacting you about work opportunities.
- The right to data portability – if you want to take your data to another organisation please contact our Data Controller on 01243 842765 email admin@workmates247.com.
- The right to object – you have the right to object to your data being processed on the grounds of legitimate interests, direct marketing and processing for statistical purposes. We will stop processing your information immediately unless there is a legal reason for us not to do so.
- The right not to be subject to automated decision making – Workmates do not use automated decision making in our recruitment processes.
Information we collect, use and store
Each section below tells you what information we collect, how we use it, and how long we keep it for.
Staff Members
Our staff members are individuals who work directly for and within Workmates Premier Limited.
We collect personal data personal data from you in order to fulfil our contract with you, to comply with our legal obligations and where it is in our legitimate interests as an employer/labour provider to recruit new workers to fill vacancies in our business.
As part of our recruitment process, in order to assess your suitability for employment, we will ask for the following information:
- Name and contact details
- Right to work status (including copies of ID / passport / other applicable documentation)
- Skills, experience, qualifications
- Details about work requirements / opportunities Whether you require any reasonable adjustments in the recruitment process
- Questions relevant to your ability to carry out the role
Once a job offer has been made and accepted, we will also ask for the following information:
- Bank account details
- National Insurance Number
- Your Next of Kin
- Whether you require any reasonable adjustments to undertake the role
The information we ask for helps us to assess your suitability for employment, to enable us to employ you and to fulfil legal or regulatory requirements with us. You don’t have to provide the information we ask for, but it might affect our ability to employ you if you don’t.
This information is collected, processed and retained because employers have a ‘legitimate interest’ under data protection law to do this.
If you are successful in your application for employment with us, we keep the information you provide for either the minimum or however long we are required to keep it by law, or as defined in the Data Protection Policy or for as long as you give us consent to keep the information.
If you are unsuccessful in your application for employment with us, the information will be kept on file for one year after the end of the recruitment process for that role.
Once you are working with us, your employee record will include other relevant information, including:
- Training records
- Appraisal and performance review records
- Sickness absence records
- Correspondence records (including disciplinary and grievance meeting notes where relevant)
- References
- Meeting notes
Your employee record will be retained for the duration of your employment and for differing periods depending on the records as defined in the Data Protection Policy following the end of your employment.
Agency Workers
Agency workers are workers we supply to work with our client companies. We collect personal data from you in order to fulfil our contract with you, to comply with our legal obligations and where it is in our legitimate interests in order to provide you with work finding services and to supply our clients with labour.
This includes:
- Name and contact details
- Right to work status (including copies of ID / passport / other applicable documentation)
- Skills, experience, qualifications
- Details about work requirements / opportunities
- Next of kin
- National insurance number and bank account details
We may also ask for further information to confirm work suitability, including:
- Reference details
- Health questionnaires relevant to the type of work
- Unspent criminal convictions
Once a contract has been offered, we will also ask if any reasonable adjustments are required to undertake any roles. For some roles, we may use assessment as part of the recruitment process, such as literacy, numeracy, colour comprehension or skills testing) and these results will be held on file.
The information we collect will only be used for the purposes of progressing your application for work, or to fulfil
legal / regulatory obligations (as is applicable). The information we ask for helps us to assess your suitability for work. You don’t have to provide us with the information we ask for, but it might affect our ability to provide you with work if you don’t.
We will keep the information for either the minimum period we are required to keep it by law, or where applicable, where you give us consent to keep the information.
External Business Contacts
This means individual members of staff at our clients, suppliers or any other support organisation we work with to perform the legitimate activities of the business.
We collect personal data in order to comply with our legal obligations and where it is in our legitimate interests as an employer/labour provider to do so. Individuals within the companies we work with are also entitled to have their personal information protected. We will only share information where it is allowed by law and relevant to our legitimate business activities, such as providing name, job title and contact details when arranging an interview. We may also share professional information that is already in the public domain (such as company website pages, LinkedIn profiles, and similar media).
The information we ask for will only be used in connection with the legitimate activities of our recruitment business.
We keep the information for either the minimum period we are required to keep it by law, or, where relevant, for as long as you give us consent to keep the information, whichever is longer.
We will retain contact details for individuals within client organisations while the organisation remains a current or prospective client organisation.
Individuals within the organisations we work with have the same rights as any other individual (including the right to be forgotten). Anyone wishing to exercise their rights under data protection legislation should contact our Data Controller at Workmates office.
Sharing Information
In order for us to meet our contractual and legal obligations, we are required to share information.
Client organisations – in order for our client organisations to consider candidates for opportunities within their businesses, we need to share candidate information with them. We have contracts in place with these organisations that require them to treat candidate information as confidential before we share information with them.
- Information shared with candidates – in order to perform our recruitment and labour provision services, we need to share client contact information with candidates
- Auditors and Inspectors – from time to time we may be audited by third parties to ensure that we are operating as a legally compliant and ethical business. These third parties may include:
- Government regulatory and enforcement audits
- Independent social compliance audits
- Client audits
- Other – if we would like to share your data with anyone not covered in this privacy notice, we will only do this where we have a legitimate reason to do so, and where required will ask for your specific consent to do so.
For further information on Workmates data protection procedures, please contact our Data Controller on 01243 842765 or contact Workmates Recruitment Centre, Shop one, 24 Station Road, Bognor Regis, West Sussex PO21 1QE email admin@workmates247.com