1. About this Privacy Policy
We are an employment agency and employment business which seeks to find individuals work with our hirer clients and provides the services of workers it has engaged to hirers. This privacy policy is designed to set out information as to how we will obtain and process personal data that we process in connection with the services we provide. It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you.We will process your personal data as a “data controller”. This means that we have responsibility (on our own or acting jointly with another party) for deciding how we hold and use personal data relating to you.
2. Who we are and how to contact us
AW Media Limited is a Recruitment Agency and Recruitment Business as defined in the Employment Agencies and Employment Businesses Regulations 2003. Registered in England and Wales under company number 11725171 and has its registered address at 3 Ellesmere Close, London, E11 1PT.The person responsible for Data Protection within our organisation is Andrew Watts and can be contacted at andrew@awmediarecruitment.com.
3. The data we collect and process about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). The Personal Data that we process includes the following:
- Identity Data including your CV, Photographs, Name, Title, DOB, Nationality, Gender, Financial Information and other information contained in identity data such as Passports/Visa and any other documentation verifying your eligibility to work in the UK and References verifying your qualifications and experience.
- Contact Data including phone numbers, home address, email addresses, links to professional profiles in the public domain (LinkedIn or corporate websites).
- Worker Status Data including Passport/visa information and documentation relating to your right to work in the UK.
- Payroll Data including bank details, information relating to your hours worked and rate of pay and information relating to payroll payments made or due to be made by you.
- PAYE Data including Tax & National Insurance deductions/codes, Pension Contributions and accrued holiday pay.
- Other; data that is required to assess your suitability for work with a hirer this may include sensitive data such as health records.
4. How we collect personal data
We may obtain your personal data directly from you (e.g. in a Curriculum Vitae, application or registration form, via our website, or in correspondence, a meeting or telephone call), a hirer, the third party company we engage to provide payroll and administration services on our behalf or other sources, such as online jobsites, public domain, social media, other candidates.Where we obtain data from a third party, it is our policy to advise you of the source of that data when we first contact you.
5. How and why we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. We will need certain information such as your name and address, the contract will contain certain obligations and it will be necessary to process your data to ensure compliance of those obligations for example we would need to process your bank details and national insurance number in order to be able to pay you.
- Where it is necessary for our legitimate interests in the provision of recruitment services (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests include the retention of records of our dealings to establish compliance with our obligations to clients or suppliers, addressing any queries or disputes, evaluating quality and compliance, assessing training requirements, assessing your suitability for job opportunities and providing your details to potential hirers, using data in order to tailor our services to you, marketing our services.
- Where it is necessary to comply with a legal or regulatory obligation that we are subject to. In providing recruitment services we are obliged to comply with various legal requirements. This includes compliance with the Conduct of Employment Agencies and Employment Business Regulations 2003 these regulations amongst other things require us to keep records, assess your suitability for roles that we place you in and to verify you identity. Were we make payments to you we are required to report to HMRC. We also have a variety of other legal obligations regarding employment law and legal obligations that apply to businesses generally including in relation to tax, anti-bribery and crime prevention.
- We may process your data where you have consented to us doing so for a specific purpose. You may withdraw your consent at any time. However, you should be aware that we may continue to process your data where we have a legal or contractual obligation to do so or we have a legitimate interest to continuing processing and this is not overridden by your interests. In such circumstances we will only continue processing to the extent that such processing is necessary.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
- Collecting and storing your personal data on both manual and electronic storage systems
- To register your interest in job opportunities and roles and notifying you of potential opportunities
- Introducing you to potential hirers
- Assessing your suitability for jobs
- Processing payroll
- Provision of information to third parties who we have or intend to have arrangements with relevant to the provision of our services
- Provision of information to statutory bodies and regulatory authorities
- Provision of information to our legal and professional advisers, including payroll providers
- Provision of information to our insurers
- To market our services
- To retain a record of our dealings
- To ensure compliance with any statutory or contractual obligations
- To maintain quality and for training purposes
7. Sensitive personal data
We would request that you do not provide any “special categories of personal data” (such as information which reveals your political, religious or philosophical beliefs, sexual orientation, race or ethnic origin or information relating to your health), unless requested by us to do so. To the extent that you do provide us with any special categories of data, we will only use that data for the purposes of our relationship with you and providing our recruitment services to you. This may be for one or more of the following reasons:
- With your explicit consent (in limited circumstances);
- where we need to carry out our legal obligations or exercise rights in connection with employment;
- where the processing is necessary for the purposes of preventive or occupational medicine or for assessing your working capacity;
- where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme.
8. If you fail to provide personal data
Where we need to collect personal data by law or in order to perform a contract to which you are a party, and you fail to provide that data when requested, we may not be able to perform the contract. In this case, AW Media Recruitment Limited may have to cancel the contract, but we will notify you if this is the case at the time.
9. Disclosures of your personal data
We may share personal data with the third parties set out below for the purposes set out in the table above:
- hirers or other third parties in connection with the provision of our recruitment services;
- third party service providers who process data on our behalf, such as outsourced payroll services & IT Support;
- professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
- HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
We require all our data processors to respect the security of your personal data and to treat it in accordance with the law. We do not allow our data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
10. International transfers
We may transfer information you provide to us to countries outside the European Economic Area (EEA) in the course of providing our recruitment services. This may, for example, be to clients, or third parties who provide support services to us. Where this is the case, we will take steps to ensure that appropriate safeguards are in place.
11. Data security
We have put in place security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
12. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. In most circumstances we will not retain your data for longer than 6 years from the date we last provided services to you. However, we may retain data for longer than 6 years where we have a legal or contractual obligation to do so.
13. Your rights in respect of your personal data
You have the following rights in respect of the personal data that we process about you (where we determine the purpose and means for which that personal data shall be processed):
- the right to request access to your personal data that we hold and to receive certain information relating to that data (commonly known as a “data subject access request”);
- the right to ask us to rectify inaccurate data or to complete incomplete data (though we may need to verify the accuracy of the new data you provide to us);
- a right to receive or ask for your personal data to be transferred to a third party in a structured, commonly used and machine-readable format (note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you);
- the right to request the erasure of personal data if it is no longer necessary in relation to the purposes for which it was collected or processed or if you have successfully objected to processing (note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request);
- the right to object to how we process your personal data in certain circumstances, including the right to:
- ask us not to process your personal data for marketing purposes; and
- challenge processing which has been justified for the purposes of legitimate interests;
- the right to restrict processing of your personal data in certain circumstances, for example if you want us to establish the accuracy of the data, or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it; and
- where we are processing personal data relating to you on the basis that we have your consent to do so, you may withdraw your consent at any time (this will not affect the lawfulness of any processing carried out before you withdraw your consent). If you withdraw your consent, we may not be able to provide certain products or services to you.
If you wish to exercise any of the rights set out above in respect of your personal data, please contact Andrew Watts – andrew@awmediarecruitment.com.
We may ask you to verify your identity if you make a request to us to exercise any of the rights set out above. We may also contact you to ask you for further information in relation to your request to speed up our response. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.