BACKGROUND:
Henderson Scott Limited 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 all of our candidates, clients and employees 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.
1. Information About Henderson Scott
Henderson Scott Limited
A private limited company registered in England under company number 03690606.
Registered address: P O BOX 1295, 20 Station Road, Gerrards Cross,
Buckinghamshire, England, SL9 8EL
Main trading address: St Mary’s Court, Amersham, Buckinghamshire, HP7 0UT
VAT number: 697862068
Data Protection Officer: Jennifer Harding
Email address: Jennifer.harding@hendersonscott.com
Telephone number: 01494 618 749
Postal Address: St Mary’s Court, Amersham, Buckinghamshire, HP7 0UT
We are a member of The Association of Recruitment Consultancies
2. What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3. 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. The personal data that we use is set out in Part 5, below.
4. What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
a)The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact our Data Protection Officer to find out more or to ask any questions using the details in Part 11.
b)The right to access the personal data we hold about you. Part 10 will tell you how to do this.
c)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 11 to find out more.
d)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 11 to find out more.
e)The right to restrict (i.e. prevent) the processing of your personal data.
f)The right to object to us using your personal data for a particular purpose or purposes.
g)The right to data portability. This means that, if you have provided personal data to us directly, or we are using it with your consent or for the performance of a contract or we have retained your data in line with our Data Retention Policy, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
h)Rights relating to automated decision-making and profiling. We do not use your personal data in this way
i)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 11.
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.
5. What Personal Data Do You Collect?
We may collect some or all of the following personal data (this may vary according to your relationship with us):
•Name;
•Date of birth;
•Gender;
•Address;
•Email address;
•Telephone number;
•Employment History
•Qualifications
•Education
•Salary and Benefits information
•Referencing Information
•Financial Information (including NI Number, UTR number and bank details)
Your personal data is obtained from the following parties:
•Directly from yourself by means of a request from Henderson Scott
•From data repositories located on Job Board sites with which you may have registered or professional networking sites where one or more of our employees is connected with you.
•In the case of potential employees, from external agencies with whom you may have registered.
6. How Do You Use My 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 one or more of the following purposes:
•In the case of potential candidates, your data will be used to assess your qualifications, employment history and remuneration package against available roles, and to contact you to discuss these opportunities.
•In the case of potential candidates where you have consented for us to do so, we will transfer your data to our clients for their assessment of your suitability against their available roles for the purpose of providing you with alternative employment.
•Communicating with you. This may include responding to emails or calls from you.
•In the case of contractors, your limited company and compliance information is held on our secure servers in case of audit, and provided to the client on request in fulfilment of our contractual obligations.
•In the case of contractors and employees, your personal data is used to make payments to you where applicable.
•In the case of employees and potential employees, your personal data is
stored on our secure HR servers and is used in the fulfilment of our obligations under your employment contract.
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email or telephone with information, news, and offers on our services. 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.
7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) 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):
•In the case of candidate information, your personal data will be stored for a maximum of years. At this point we will contact you to request reconsent to hold your information and an update of your information to ensure accuracy.
•In the case of Contractor information, your personal data will be stored in a secure system for a maximum of 10 years to ensure our ability to comply with contractual obligations and UK and EU law
•In the case of employee information, your personal data will be held for a
maximum if 5 years after the termination of an employee’s contract of employment.
Afull copy of our Data Retention Policy with full details regarding the lawful basis in which these retention periods have been created is available on request, or can be accessed at any time by visiting the GDPR section of our website at www.hendersonscott.com
8. How and Where Do You Store or Transfer My Personal Data?
All personal data that we store is held on secure systems with servers located in the UK. We are Cyber Essentials certified, and all personal data stored in our systems is protected with extensive measures such as user access permission levels, encryption, password protection and robust firewalls with a strict software update policy to ensure continued protection from external threats. Our Data Protection policy outlines in detail the technical and organisation measures we employ to ensure the secure storing of your personal data on our company systems.
We may transfer some or all of your personal data in countries that are not part of the European Economic Area with consent from yourself (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.
Where you have provided explicit consent for us to transfer your data to a third country, we use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries. These contracts ensure the same levels of personal data protection that would apply under the GDPR. More information is available from the European Commission.
In addition, where you have provided consent for us to transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar levels of data protection to those in Europe. More information is available from the European Commission.
Please contact us using the details below in Part 11 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.
The security of your personal data is essential to us and to protect your data, we take a number of important measures to ensure it is protected. Full details of these can be found in our Data Protection Policy which is available on request, or can be accessed at any time by visiting the GDPR section of our website at www.hendersonscott.com.
9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes unless you provide us with consent to do so (such as where you may consent for us to share your personal data with a client during an employment search conducted on your behalf by Henderson Scott) or in the case of contractors, it is a contractual obligation to which you have agreed, subject to one important exception.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
If you have consented for any personal data to be transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 8.
10. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us 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 11, or alternatively, submitted through the Subject Access Request section on our website (www.hendersonscott.com). To make this as easy as possible for you, a Subject Access Request Form is available for you to use which can be downloaded from our website, or completed on our website and submitted.
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 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.
11. How Do I Contact You?
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 Jennifer Harding):
•Email address: Jennifer.harding@henderonscott.com
•Telephone number: 01494 618 749
•Postal Address: St Mary’s Court, Amersham, Buckinghamshire, HP7 0UT
Alternatively, please visit the GDPR section of our website where full copies of our GDPR policies can be found (including our Data Protectionm, Data Retention and Data Audit Policies) as well as a Subject Access Request form and Data Portability Request Form may be completed and submitted, or downloaded and sent to the above address:
• www.hendersonscott.com/gdpr/ (Policies and Documents)
• www.hendersonscott.com/gdpr/dsar/ (Subject Access Request Form)
12. Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available on our website: www.hendersonscott.com
