The Company is a recruitment business which 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 statement;
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. The legal basis we rely upon to offer these services to you are:
- Consent
- Legitimate interest
- Legal obligation
- Contractual obligation
b. Legitimate interest
- Ensure we are being fair and lawful
- Statistical reasons
c. Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- AEX Recruitment Ltd in- house CRM system
- Self-billing portals
- HMRC
- Department of Working Pensions
d. Contractual requirement
Your personal data is required by law and for contractual requirement. You are obliged to provide the personal data, however, if you choose not to do so, we will not be able to offer you any assignments.
e. Photograph
We would like to use a photograph on your file for internal use only to aid communication processes.
2. Data retention
The Company will only retain your personal data for as long as is necessary. Different laws 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 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 pension’s 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 (a copy of which is attached).
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 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 you have the right to withdraw that consent at any time by contacting Julia Rolfe, Unique Employment Services, 5 Castle Street, Luton, Bedfordshire, LU1 3AA Julia@unique-employment.co.uk
4. Complaints or queries
If you wish to complain about this privacy notice or any of the above procedures, please contact: HR at Aex Recruitment Ltd, Info@aexrecruitment.com.
You also have the right to raise concerns with the 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.
Document type | How long to keep for |
---|---|
Cv, pre regs | 1 year |
Emails | 1 year |
Work-seekers records including application form/cv, ID check, details of assignments, opt out notices and interview notes | 2 years from the last date of supply |
Terms of engagements with temporary worker and terms of business with client | 2 years after last date of supply |
Working time records: 48hours opt out notice / annual leave records | 2 years after last date of supply |
Reference | 2 years from the last date of supply |
Records held relating to right to work in the UK | 2 years from the last date of supply |
Criminal record checks/DBS | No copy, only information stored |
National Minimum wage documentation. Total pay by the worker and the hours worked. Overtime/shift premium, any deductions or payments of accommodation, any absences, any travel or training during working hours, total number of hours in a pay reference period | For HMRC purposes 3 years after the end of the pay reference period following the one that the records cover or 6 years in order to show that have paid at least national minimum wage rates if a breach of contract claim is brought against UES |