Introduction

At New Formation Education Limited (“Us” / “We”), we are committed to ensuring that your private information stays exactly that, private.

Data Protection

All organisations that process personal data are required to comply with data protection legislation. The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.

As a recruitment business we collect and process both personal data and sensitive personal data. We are required to do so where it is necessary and/or we are legally obligated to do so as part of the recruitment process. We are also required to keep this data for different periods depending on the nature of the data.   Please note that we never have and never will sell your data onto a third party.

This policy sets out how we implement the Data Protection Laws.

Definitions

In this policy the following terms have the following meanings:

‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her;

‘data controller’ means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;

‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;

‘personal data’* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;

‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.

* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we specifically need to refer to sensitive personal data.

‘Supervisory authority’ means an independent public authority that is responsible for monitoring the application of data protection. In the UK the supervisory authority is the Information Commissioner’s Office (ICO).

Data Processing

We process personal data in relation to our own staff, work-seekers and individual client contacts and are a data controller for the purposes of the Data Protection Laws. New Formation Education Limited (company number 09897189) of Tintagel House, 92 Albert Embankment, London, United Kingdom, SE1 7TY has registered with the ICO and our registration number is ZB361902

We may hold personal data on individuals for the following purposes:

• Staff administration;
• Advertising, marketing and public relations;
• Accounts and records;
• Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support; and
• Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers.

1. The data protection principles

The Data Protection Laws require that we, acting as either data controller or data processor, process data in accordance with the principles of data protection. These require that personal data is:

1. Processed lawfully, fairly and in a transparent manner;
2. Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4. Accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
5. Kept for no longer than is necessary for the purposes for which the personal data are processed;
6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that
7. The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.

2. Legal bases for processing

We will only process personal data where we have a legal basis for doing so (see Annex).

The Company will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.

Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support)), the Company will establish that it has a legal reason for making the transfer.

3. Privacy by design and by default

We have implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes implementing measures such as data minimisation (i.e. not keeping data for longer than is necessary) and cyber security.

Your rights under UK GDPR

We shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. We can provide this information orally if requested to do so by the individual.

1. Notice of Privacy Policy

Where we collect personal data from you, we will notify you of our privacy policy at the time when we first obtain the personal data.

Where we collect personal data from other sources such as LinkedIn, corporate websites, job board websites, online CV libraries, your business card and personal recommendations, we will direct you towards this privacy policy within a reasonable period after obtaining the personal data, but at the latest within one month. If we intend to disclose the personal data to a third party then you will be directed to this privacy policy when the personal data is first disclosed (if not issued sooner).

Where we intend to further process the personal data for a purpose other than that for which the data was initially collected, we will give you information on that other purpose and any relevant further information before it does the further processing.

2. Subject access requests

You are entitled to access your personal data on request from the data controller.

3. Rectification

You or another data controller at your request, have the right to ask us to rectify any inaccurate or incomplete personal data concerning yourself.

If we have given the personal data to any third parties we will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however we will not be in a position to audit those third parties to ensure that the rectification has occurred.

4. Erasure

You or another data controller at your request, have the right to ask us to erase your personal data.

If we receive a request to erase we will ask you if you want your personal data to be removed entirely or whether you’re happy for your details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose data it has erased so you may be contacted again by us should we come into possession of your personal data at a later date.

If we have given the personal data to any third parties we will tell those third parties that it has received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however we will not be in a position to audit those third parties to ensure that the rectification has occurred.

5. Restriction of processing

You or a data controller at your request have the right to ask us to restrict any processing of your personal data where:

• You challenge the accuracy of the personal data;
• The processing is unlawful and you oppose its erasure;
• We no longer need the personal data for the purposes of the processing, but the personal data is required for the establishment, exercise or defence of legal claims; or
• You have objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of New Formations override those held by you.

If we have given the personal data to any third parties we will tell those third parties that we have received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however we will not be in a position to audit those third parties to ensure that the rectification has occurred.

6. Data portability

You have the right to receive personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit this data to another data controller in circumstances where:

• The processing is based on your consent or a contract; and
• The processing is carried out by automated means.

Where feasible, we may send the personal data to a named third party on your request.

7. Object to processing

You have the right to object to your personal data being processed based on a public interest or a legitimate interest. You will also be able to object to the profiling of your data based on a public interest or a legitimate interest.

We shall cease processing unless there are compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

You also have the right to object to your personal data for direct marketing.

8. Enforcement of rights

All requests regarding individual rights should be sent to dataenquiry@newformation.co.uk

We will act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. We may extend this period for two further months where necessary, taking into account the complexity and the number of requests.

Where we consider that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature we may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.

9. Automated decision making

We will not subject you to decisions based on automated processing that produce a legal effect or a similarly significant effect on you, except where the automated decision:

• Is necessary for the entering into or performance of a contract between the data controller and yourself;
• Is authorised by law; or
• You have given their explicit consent.

We will not carry out any automated decision-making or profiling using the personal data of a child.

Purposes of the processing and the legal basis for the processing

We may use information held about you in the following ways:

• To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and ourselves to provide you with the information and services that you request from us or that we think will be of interest to you because it is relevant to your career or to your organisation.
• To provide you with information about other services or jobs that we offer that are similar to those that you have already been provided with or enquired about.
• The core service we offer to our candidates and clients is the introduction of candidates to our clients for the purpose of temporary or permanent recruitment. However, our service expands to supporting individuals throughout their career and to supporting businesses’ resourcing needs and strategies.
• Our legal basis for the processing of personal data is our legitimate interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
• We will rely on any existing contract if we are negotiating or have entered into a placement agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation.
• We will rely on legal obligation if we are legally required to hold information on to you to fulfil our legal obligations.
• We will rely on your consent for particular uses of your data and you will be asked for your express consent, if legally required e.g. when gaining your permission to introduce you to a client (if you are a candidate).

Our Legitimate Interest

Our legitimate interest in collecting and retaining your personal data is described below:

As a recruitment business we introduce candidates to clients for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of our candidates and our client contacts is a fundamental and essential part of this process.

In order to support our candidates’ career aspirations and our clients’ resourcing needs we require a database of candidate and client personal data containing historical information as well as current resourcing requirements.

To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.

Reporting personal data breaches

All data breaches should be referred to the persons whose details are listed in the Appendix.

1. Personal data breaches where the Company is the data controller:

Where we establish that a personal data breach has taken place, we will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual the Company will notify the ICO.

Where the personal data breach happens outside the UK, we shall alert the relevant supervisory authority for data breaches in the effected jurisdiction.

2. Communicating personal data breaches to individuals

Where we have identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, we shall tell all affected individuals without undue delay.

Human Rights Act

All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:

• Right to respect for private and family life (Article 8).
• Freedom of thought, belief and religion (Article 9).
• Freedom of expression (Article 10).
• Freedom of assembly and association (Article 11).
• Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).

Changes to our Privacy Policy

Any changes that we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice.

Complaints

If you have a complaint or suggestion about the Company’s handling of personal data then please email dataenquiry@newformation.co.uk or call us at 0207 278 0171.

Alternatively you can contact the ICO directly on 0303 123 1113 or at https://ico.org.uk/global/contact-us/email/

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