Privacy Policy

PRIVACY AND COOKIES POLICY

 

BACKGROUND:

 

Wellington Powell Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website www.wellingtonpowell.co.uk, and who we take information from via email, post, job boards and business conversations, and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

 

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is deemed to occur upon your first use of our website OR electronic consent form AND you will be required to read and accept this Privacy Policy when registering your details, or applying for a vacancy, or submitting a vacancy. If you do not accept and agree with this Privacy Policy, you must stop using our website immediately.

 

WHO DOES THIS POLICY APPLY TO?

 

This policy applies to the personal data of our website users, candidates, clients, suppliers and any other visitors with whom Wellington Powell Ltd may engage with either in person or digitally.

 

  • 1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

 

“Candidates” Job seekers and Contractors

 

“Clients” Current or prospective clients with whom we engage with to provide candidates to fill their current and future vacancies

 

Third Parties” Hirers OR Database providers OR Social Media OR an Employment Agency whom we are partnering with to fill particular roles or provide candidates

 

“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our  website and/or when you use certain features of our Site.
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;]

 

  • 2. Information About Us

Our Site is owned and operated by Wellington Powell Ltd, a limited company registered in England and Wales under company number 11337536.

Registered address: Planet House, North Heath Lane, Horsham, West Sussex RH12 4QE

Data Protection Officer: Kerry Powell.

Email address: kerry@wellingtonpowell.co.uk

Telephone number: 01903 357050.

Postal Address: Planet House, North Heath Lane, Horsham, West Sussex RH12 4QE

We are regulated by The Employment Agency Standards (EASInspectorate.

 

  • 3. What Does This Policy Cover?

This Privacy Policy applies only to your use of our website and services. Our website may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

 

  • 4. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

 

  • 5. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

        1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 14.
        2. The right to access the personal data we hold about you. Part 12 will tell you how to do this.
        3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 14 to find out more.
        4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 14 to find out more.
        5. The right to restrict (i.e. prevent) the processing of your personal data.
        6. The right to object to us using your personal data for a particular purpose or purposes.
        7. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
        8. Rights relating to automated decision-making and profiling. Where we have obtained your consent to process your personal data for the purposes of job searching, we may use your data for the purposes of profiling your suitability for certain roles or marketing you, however you can withdraw your consent at any time.
        9. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 14.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

 

  • 6. What Data Do We Collect?

We may collect some or all of the following personal [and non-personal] data (please also see Part 13 on our use of Cookies and similar technologies).

 

Candidate Data and CVs

  • By registering on our website and/or applying for a position on our website you are entering into an agreement that we will process your data for the purposes of finding you employment or contractor positions.  
  • We are not permitted to disclose any of your data that we collect to any third party without consent.
  • Details of any conversations held between Wellington Powell Ltd and candidates will be recorded in text format only, and only information relevant to job searching will be included in those details.
  • At certain stages of your job or Contract search, proof of ID, proof of your right to work and proof of drivers licence (where applicable) will be obtained.
  • We will also keep copies of references from previous employers for the period that it is required for us to do so lawfully.

 

Client Data

We record information about prospects or clients of Wellington Powell Ltd, we collect and record information about your business, your staffing requirements, relevant contacts within the business and any other business relevant information.  We do this for the purposes of providing you with the service of supplying you with candidates to fill your current or future vacancies and Contractor positions, and to keep a record of any communication related to that. We may also share your contact details within our business network for the purposes of promoting your products or services.

We will keep records of all jobs you request us to work on, and their specifications and remuneration.

We will keep agreed terms of business.

We will keep records of all candidates submitted and placed within your business for as long is lawfully required.

Details of all financial transactions will also be recorded and stored for a period which is lawfully required.

 

Supplier Data

We keep copies of supplier contracts for our records on our internal systems including related emails which will also contain payment details.  All details are stored in a secure encrypted environment, and only your contact details may be shared for the purposes of recommending your services.

 

Website users

No personal data is collected when purely browsing our website.  However if you submit your CV to us, or post a vacancy or complete an enquiry form, that data is recorded and actioned through your request for us to do so.  No data is shared outside of Wellington Powell Ltd without your consent. See also section 13 about how we use cookies.

Reference data

Candidates may provide us with employment or personal reference contact information

 

  • 7. How we use your Personal Data

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our  legitimate business interests to use it. Your personal data may be used for the following purposes:

 

Candidate Data

We only use your personal details to help you find employment.  This includes processing your personal data to:

 

  • Assess your experience, skills, qualifications and remuneration requirements to establish suitability in accordance within our clients’ requirements
  • Communicate with you about your employment search and the recruitment process
  • Carry out reference checks
  • Comply with regulatory and legal requirements
  • Keep records of our candidate selection process and successful placements within our clients’ business
  • Obtain proof of identity, proof of right to work and proof of Driver Licence (if your prospective job role is dependant on a Driver Licence).  For Contractors we will also hold details of your Public Liability Insurance.
  • Inform you of any new vacancies or Contracts which may be of interest to you
  • Send you employment or Contractor news or Wellington Powell Ltd news, or inform you of any relevant information which may be useful within your current or future employment

 

We may use your personal data for profiling which may include contacting you by email, telephone, post and text message with job alerts. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

We use the following automated system for carrying out certain kinds of decision-making and profiling. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact us to find out more using the details in Part 14.

  • The following automated decision-making method(s) may be used to:
    • Gather information to make decisions about our business processes, systems and strategies, the results of such activity will be kept inhouse and remain confidential and not shared with any third parties.
  • The following automated profiling may take place:
    • Profiling of our candidate data to assess suitable candidates for current vacancies.  The data which we will use to obtain these results can include: employment history, skills, qualifications, location, drivers license and salary requirements.  When registering with us, or applying for vacancies or contracts you are giving us consent to profile your data, so that we may find suitable positions for you to work in.

 

Clients

 

  • To ensure contractual agreements between us are maintained and implemented. We keep records of all dealings with you so that we can refer back to those when required.  
  • We use your details for profiling so that we can identify you and put forward suitable candidates to be considered for employment within your organisation.
  • Where we need to comply with legal or regulatory obligation.
  • Relevant data is shared with suitable candidates for your vacancies so that we can assess their suitability to your business
  • Occasional contact with you by email or post to inform you of any or our promotional offers, to which you can unsubscribe at any time

 

Prospective client’s details are held on our system so that we may keep a trail of contact with them for the purposes of supplying future services to provide staff.

 

Referees

We will obtain employment or personal reference statements to help our candidate to secure a role.  The reference that we obtain from you is stored on our cloud based database and shared with the prospective employer if they so wish.  We may also discuss with employment referees any recruitment needs they may have; and with personal referees any employment requirements they have.

 

  • 8. How Long we keep your Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

 

Candidates

  • We will keep personal data for one year from the date of which we last provided services for Candidates that have registered with us, or applied for jobs through Wellington Powell Ltd whether via our website, job boards or social media, as required lawfully.
  • If we take no meaningful action whilst holding your data we are not required to hold your data for any period of time and it may be deleted at any time by us, or at the candidates request.

 

Clients

 

We will keep your data for as long as the business relationship continues as well as the length of time we are lawfully permitted to do so.

 

Referees

 

We will keep your details on file for the length of time that we are contractually required to do so, unless you become a client or candidate in which case see ‘candidates’ and ‘clients’ paragraphs in this section.

 

  • 9.How and Where Do You Store or Transfer My Personal Data?

 

We store your data to a third party cloud based system in the US, who participate and are certified with the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.

Please contact us using the details below in Part 14 for further information about the particular data protection mechanism used by us when transferring your personal data to a third party.

 

  • 10. Do You Share My Personal Data?

 

Candidates

 

We share your personal data with third parties for the sole purposes of providing employment or Contractor opportunities, and keeping records of the recruitment process.

We will share your data with prospective employees or Companies who wish to use your contracting services only with your consent to do so, and only for the purposes of applying for a vacancy within the employers business or applying for Contractor Services.  We will also contact references if we place you within our client’s business.

Your data is stored and therefore shared on our cloud based database.  We have been assured that any personal data transferred outside of the EEA, is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 9.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

 

Clients and Suppliers

We do not hold your personal data, only commercial business data.  For clients, relevant data is passed to prospective candidates in order to assess suitability for them to work within your business, however…

For Clients and Suppliers we may pass your contact details to our networks with a view to promoting your business.

 

Referees

Where you remain a referee on our system for reference purposes only, the reference you provide may be shared with employers.

  • 11. How Can I Control My Personal Data?

Under the GDPR, when you submit personal data via our website, by email, SMS or post you can control your data as set out in Part 5.

 

  • 12. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 14. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within one week and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

 

  • 13. How Do We Use Cookies?

Our Website may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our website and to provide and improve our products or services. We have taken steps to ensure that your privacy and personal data is protected and respected at all times.

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:

to track how you use our website
to record whether you have seen specific messages we display on our website
to keep you signed in our site
to record your answers to surveys and questionnaires on our site while you complete them

 

By using our website, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us.  Third-party Cookies are used on our website for the ability to upload your details. For more details, please refer to the table below. These Cookies are integral to the functioning of parts of our website and your use and experience of our website may be impaired by refusing consent to them.

All Cookies used by and on our Site are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you will be shown a prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of our Site may not function fully or as intended.

In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our website more quickly and efficiently.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

 

  • 14. How to contact us

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details for the attention of Kerry Powell, Data Protection Officer:

Email address: kerry@wellingtonpowell.co.uk

Telephone number: 01903 357050.

 

  • 15. Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if our business processes change in a way that affects personal data protection.

Any changes will be immediately posted on our website and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our website, or through accepting our consent forms following the alterations.  We recommend that you check this page regularly to keep up-to-date.

 

March 2019