DATE: May 2018
REVIEW DATE: May 2019
Swanstaff Recruitment Limited (‘the Company’), registered number 03121740 of Lakeview West, Galleon Boulevard, Dartford, Kent DA2 6QE 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.
This policy aims to inform our candidates, clients and website users how we are committed to protecting individuals’ privacy and data. It sets out to inform you about the types of personal data we collect from candidates, the purposes for which we use the data and the ways that the data is handled. In line with the EU General Data Protection Regulation 2016/679 (“GDPR”) and UK laws implementing GDPR.
1. Collection and use of personal data
2. Information to be provided when data is not collected directly from the data subject
a. Categories of data
b. Sources of data
3. Overseas transfers
4. Data retention
5. Your rights
7. Login files
8. Links to external sites
9. Sale of the business
10. Data security
12. Complaints or queries
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. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities, arranging payments to you and developing and managing our services and relationship with you and our clients.
If you have opted-in we may also send you marketing information and news via email/ text. You can opt-out from receiving these at any time by clicking “unsubscribe” when you receive these communications from us.
In some cases we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.
We must have a legal basis to process your personal data. The legal bases we rely upon to offer our work-finding services to you are:
b. Legitimate interest
This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
This list is not intended to be exhaustive.
c. Statutory/Contractual requirement
The Company has certain legal and contractual requirements to collect personal data (e.g. to comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, immigration and tax legislation, and in some circumstances safeguarding requirements.) Our clients may also require this personal data, and/or we may need your data to enter into a contract with you. If you do not give us personal data we need to collect we may not be able to continue to provide work-finding services to you.
d. Recipient/s of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
2. Information to be provided when data collected not from the data subject
Swanstaff collect data from candidates when they apply for positions and/or register with us as detailed in Section 1. As a recruitment business, we collect data on potential job seekers using various other methods.
a. Categories of data:
The Company may collect the following personal data on you, usually from your Curriculum Vitae (“CV”) or job seeker profile:
Sensitive personal data:
b. Source of the personal data:
The Company sources personal data/sensitive personal data:
This information came from a publicly accessible source or a service you signed up for and gave permission for them to share your data; such as a job board.
3. Overseas Transfers
The Company will not transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.
4. Data Retention
The Company will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time. For example, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.
We must also keep your payroll records, holiday pay, maternity pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation. This is currently 3 to 6 years.
Where the Company has obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention policy. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data and sensitive personal data.
Terms of engagement with temporary workers and terms of business with clients must be retained for a period of 6 years in case of any potential civil claim under the Limitation Act 1980.
Working time records must be kept for 2 years from the time that they were created.
Annual appraisal/assessment records will be kept as long as necessary, usually 1 year after employment or engagement has ended.
References will be kept for a minimum period of 1 year and are kept for the duration of a temporary worker’s engagement with Swanstaff.
Right to work in the UK information must be kept for 2 years after employment or engagement has ended.
Gender pay gap reporting information is to be retained by Swanstaff for 1 year but will be retained on the government website and the Swanstaff website for 3 years.
5. Your rights
Please be aware that you have the following data protection rights:
Where you have consented to the Company processing your personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting our HR Department by email to firstname.lastname@example.org or by post to our Head Office address; Lakeview West, Galleon Boulevard, Dartford, Kent DA2 6QE. Please note that if you withdraw your consent to further processing that does not affect any processing done prior to the withdrawal of that consent, or which is done according to another legal basis.
There may be circumstances where the Company will still need to process your data for legal or official reasons. Where this is the case, we will tell you and we will restrict the data to only what is necessary for those specific reasons.
If you believe that any of your data that the Company processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.
You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.
We may obtain data about you from cookies. These are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies also enable us to deliver more personalised content on our website and within our communications to you.
Swanstaff uses Google AdWords conversion tracking to measure advertising performance and improve the quality of the adverts you see. Find out more about Google Site Statistics visit https://services.google.com/sitestats/en.html?cid=1070115141
Most web browsers allow some control of most cookies through the browser settings. If you would like more information about cookies, go to the website All About Cookies - www.allaboutcookies.org.
Please note that in a few cases some of our website features may not function if you remove cookies from your browser.
7. Log Files
We use IP addresses to analyse trends, administer the site, track users’ movements, and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
8. Links to external websites
9. Sale of business
If the Company’s business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
10. Data Security
The Company takes every precaution to protect our users’ information. Only employees who need the information to perform a specific job (for example, consultants, our accounts team or a marketing assistant) are granted access to your information.
Our internal CRM system, Aspire, is held on our central server. Swanstaff uses SSL Sha256 certificate encryption when connections to the server are made. Only authenticated users that have been created and authorised by HR have access. These accounts are set to have their passwords changed at first login, and then a minimum of every 60 days. The passwords must contain uppercase, lower case, numbers & a special character.
Each server is installed with a firewall and antivirus which are centrally controlled by the IT team. The servers sit behind a Drayek 3900 firewall that is locked down to only allow connections from known locations.
Access to the files on the server is managed via an active directory, each folder structure is built to only allow the necessary users access; including limiting edit and delete rights, and this is reviewed quarterly by our Internal IT team.
The hard drives that hold the data are encrypted using BitLocker. When the data is backed up and stored it is encrypted using ShadowProtect.
The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of email/ the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via email/ the Internet.
If you share a device with others we recommend that you do not select the “remember my details” function when that option is offered.
If you have any questions about the security at our website, you can email email@example.com.
12. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact Swanstaff first using the details below:
By email to:
By post to:
Swanstaff Head Office
You also have the right to raise concerns with 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.