HCExecutive is part of the Ortho Consulting Group. We understand 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.hcexec.co.uk. Our site 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 Us
Part of the Ortho Consulting Group, HCExecutive is a recruitment agency and recruitment business as defined in the Employment Agencies Act 1973 (our business). We also provide training, event organisation and consultancy services from time to time.
Our Site is owned and operated by Ortho Consulting Group Ltd, a limited company registered in England under company number07834374.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Ortho Consulting Group.
Registered address: Pinewood, Chineham Business Park, Crockford Lane, Basingstoke, RG24 8AL.
VAT number: 991187680
Data Protection Officer: Matt Woods.
Email address: email@example.com
Telephone number: +44 (0) 203 011 5574
Postal address: Pinewood, Chineham Business Park, Crockford Lane, Basingstoke, RG24 8AL
2. What Does This Policy Cover?
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.
4. What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
b) The right to access the personal data we hold about you. Part 11 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 12 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 12 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, 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.
h) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
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 12.
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 Data Do You Collect?
We collect the personal data from the following types of people to allow us to undertake our business;
• Prospective and placed candidates for permanent or temporary roles;
• Prospective and live client contacts (including referee contacts provided by candidates);
• Supplier contacts to support our services;
• Employees, consultants, temporary workers and contractors;
You may have applied directly to us or we may have found your details from a jobs board or social networking site.
We collect information about you to carry out our core business and ancillary activities.
Depending upon your use of our Site or Service, we may collect some or all of the following personal and non-personal data:
5.1 For individuals wishing to use or using our Recruitment Services or looking for a role to work with us (‘a candidate’), the personal data we collect or receive includes the following as applicable:
- • Name
• Email and other contact details
• Date of birth
• Job history (including information relating to placements through us)
• Educational history, qualifications & skills
• Visa and other right to work or identity information
• Bank details
• National insurance and tax (payroll) information
• Next of kin and family details
• Contact details of referees
• Personal information relating to hobbies, interests and pastimes
• Information contained in references and pre-employment checks from third parties
• Other sensitive personal information such as health records (see ‘Sensitive Personal Data’ section below)
• Your marketing preferences
5.2 For individuals working for a third party (such as a client employer) with whom we have dealings, we may collect your personal data in the course of our dealings and this may include the following:
• Your contact information, which may include your full name, job role, contact telephone number and email
• Your statements and opinions about candidates and/or other personnel e.g. a reference
• Information relating to our relationship with you or the party for whom you work including records of any meetings or discussions
• Your marketing preferences5.3 For both parties, we may obtain your personal data from the following sources (please note that this list is not exhaustive):
• You (e.g. a Curriculum Vitae, application or registration form/ where you have provided us with your contact details or other information for the purposes of using our Recruitment Services)
• A client
• Other candidates
• Online jobsites
• Marketing databases
• The public domain
• Social Media such as LinkedIn
• At interview
• Conversations, with you or others, on the telephone or video conferencing (which may be recorded)
• Notes following a conversation or meeting
• Our websites and software applications
• Staff or other representatives of the organisation you represent
Where you are a Candidate and we have obtained your personal data from a third party such as an online job board, it is our policy to advise you of the source when we first communicate with you.
You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events.
6. How Do You Use My Personal Data?
The processing of your personal information may include:
• Collecting and storing your personal data, whether in manual or electronic files
• Notifying you of potential roles or opportunities
• Assessing and reviewing your suitability for job roles
• Introducing and/or supplying you to actual or potential Clients
• Engaging you for a role with us or with our Clients, including any related administration e.g. timesheets and payroll
• Collating market or sector specific information and providing the same to our Clients
• Sending information to third parties with whom we have or intend to enter into arrangements which are related to our Recruitment Services
• Providing information to regulatory authorities or statutory bodies, and our legal or other professional advisers including insurers
• To market our Recruitment Services
• Retaining a record of our dealings
• Establishing quality, training and compliance with our obligations and best practice
• For the purposes of backing up information on our computer systems
Why we process your personal data and our legal justification for doing so:
Our legal basis for the processing of personal data is our legitimate business 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 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 in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent, if legally required. Examples of when consent may be the lawful basis for processing include permission to introduce you to a client (if you are a candidate).
1. Entering into and performing a contract with you:
In order to provide our Recruitment Services, we may enter into a contract with you and/or a third party. In order to enter into a contract, we will need certain information, for example your name and address. A contract will also contain obligations on both your part and our part and we shall process your data as is necessary for the purpose of those in order to process payroll on your behalf.
2. Compliance with legal obligations (regulatory and statutory obligations):
We must comply with a number of statutory provisions when providing our Recruitment Services, which necessitate the processing of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things requires us to:
• Verify your identity
• Assess your suitability for an external job role
• Maintain records for specific periods
Where we engage a person to work for us (whether directly or as supplied to a Client), there are other statutory obligations that must be complied with including payroll, tax, social security, HMRC reporting requirements, and any other law or regulation.
We are also required to comply with statutory and regulatory obligations relating to business generally, for example complying with tax, bribery, fraud/crime prevention and data protection legislation, and co-operating with regulatory authorities such as HMRC or the Information Commissioner’s Office.
3. Our legitimate interests (carrying on the commercial activity of the provision of Recruitment Services):
In providing our Recruitment Services, we will carry out some processing of personal data which is necessary for the purpose of our legitimate interests, which include:
• Retaining records of our dealings and transactions and where applicable, use such records for the purposes of
o establishing compliance with contractual obligations with Clients or suppliers
o addressing any query or dispute that may arise including establishing, exercising or defending any legal claims
o protecting our reputation
o maintaining a backup of our system, solely for the purpose of being able to restore the system to a particular point in the event of a system failure or security breach
o evaluating quality and compliance including compliance with this Privacy Notice
o determining staff training and system requirements
• Using your personal data to:
o assess suitability and contact you regarding potential opportunities and/or our services
o collate market information or trends including providing analysis to potential or actual Clients
o source potential opportunities or roles as part of our Recruitment Services
o personalise your experience and our offering, whether via our website or otherwise
This means that for our commercial viability and to pursue these legitimate interests, we may continue to process your personal data for as long as we consider necessary for these purposes.
4. Consent to our processing of your data:
We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you apply for a specific role you may have consented to our processing of the data that has been provided for the purpose of progressing your application and considering your suitability for that role. In other cases, you may have provided your written or verbal consent to the use of your data for a specific reason such as receiving marketing updates on some of our additional services.
You may withdraw your consent to our processing of your personal information for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.
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:
• Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.
• Personalising and tailoring our services for you.
• Communicating with you. This may include responding to emails or calls from you.
• Supplying you with information by email and/or post that you have opted-in to (you may unsubscribe or opt-out at any time.
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 and/or telephone and/ or text message and/or post 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.
Information that we collect automatically on our Site
These technologies record information about your use of our Sites, including:
• Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting;
• Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites.
We use Google Analytics on our Sites to help us analyse Your use of our Sites and diagnose technical issues.
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 12.
7. How Long Will You Keep My Personal Data?
We will retain your Personal Information for as long as necessary to fulfil the purposes that we collected it for. This means we will keep your Personal Information throughout the period of your relationship with us and whilst we are providing you with work finding services.
If you no longer wish to receive our services we will continue to retain your Personal Information on our Candidate database for a further period of 2 years after our relationship ends, so that we can comply with our regulatory obligations. However we will inactivate your candidate record and limit access to your Personal Information during this period. After the 2 year retention period expires, we will anonymise the Personal Information in our database so that we can no longer identify you.
We are required by law to keep basic information about our Candidates, Clients and customers (including contracts, evidence of identity, financial and transaction data) for up to 7 years from when our relationship ends, for legal, compliance and tax purposes.
Where there is no retention period stated in law, we determine the appropriate retention period for Personal Information by considering the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of the data, the purposes for which we process it and whether we can achieve those purposes through other means, and the applicable legal requirements.
8. How and Where Do You Store or Transfer My Personal Data?
We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect
Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.
We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (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.
We share your data within the group of companies of which we are a part. Where this involves the transfer of personal data outside the EEA, our group ensures that personal data is protected by requiring all companies within the group to follow the same rules with respect to personal data usage. These are known as “binding corporate rules”. More information on binding corporate rules is available from the European Commission.
Where we 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 to those in Europe. More information is available from the European Commission.
9. Do You Share My Personal Data?
We may share your personal data with other companies in our group. This includes our holding company and its subsidiaries.
We may sometimes contract with the following third parties to supply certain products and/or services. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold.
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 any personal data is 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.]
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10. Can I Withhold Information?
You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
11. 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 12. 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 aim to respond to your subject access request within 21 days of receipt. 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.
12. 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 Matt Woods:
Email address: firstname.lastname@example.org
Telephone number: +44 (0) 203 011 5574
Postal Address: Pinewood, Chineham Business Park, Crockford Lane, Basingstoke, RG24 8AL.
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.