This Policy describes the types of personal information we collect, how we use the information, with whom we share it, and the rights of and choices available to individuals regarding our use of their information. We will also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices and exercise your rights. Our privacy practices may vary among the EU and non-EU countries in which we operate to reflect local practices and legal requirements. Please see Section (2) for more information concerning the transfer of data outside the European Economic Area (‘EEA’).
You may give your personal details to us directly, via our website or we may collect them from another source such as a job board. We must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you we will only use your personal data in accordance with the terms of the following statement.
1. Collection and use of personal data
a. Purpose of processing and legal basis
We 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.
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.
The legal bases we rely upon to offer these services to you are:
- Where we have a legitimate interest
- Your consent
- To comply with a legal obligation that we have
- To fulfil a contractual obligation that we have with you
b. Categories of data
Westbourne Partners collects a range of information on you. This may include but is not limited to the following:
- Contact information (such as name, postal address, e-mail and telephone number)
- Employment and educational history
- Date of birth
- Bank account information
- ID and information about your work authorisation status
- Disability and health related information
- Salary and benefits information
- Tax-related information
- Information provided by references
- Information contained in your resume or CV, information you provide regarding your career interests, and other information about your qualifications for employment.
c. Legitimate interest
This is where we have a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where we have relied on a legitimate interest to process your personal data our legitimate interests are as follows:
- Managing our database and keeping work-seeker records up to date;
- Contacting the individual to seek your consent where we need it;
- Providing work-finding services to the individual, including sending their information to our clients where they have demonstrated an interest in doing that particular type of work but not expressly consented to us passing on your cv;
d. Recipient/s of data
We may process your personal data and/or sensitive personal data with the following recipients:
- Clients that we introduce or supply individuals to
- Work-seekers’ former or prospective new employers that we obtain or provide references to
- Any third parties who carry out audits to ensure that we run our business correctly
- Payroll service providers who manage payroll on our behalf
- Umbrella companies
- Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers)
- Our insurers
- Our legal advisers
- Social networks
- Our IT and CRM providers
- Any public information sources and third party organisations that we may use to carry out suitability checks on work-seekers e.g. Companies House, the Disclosure and Barring Service (DBS) or credit reference agencies
- Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI)
- Any other organisations an individual asks us to share their data with.
e. Statutory/contractual requirement
Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:
Failure to provide certain personal data will mean we cannot do all of these checks and we may not be able to introduce or supply a work-seeker to a client.
2. Overseas Transfers
We may transfer only the information you provide to us to countries outside the European Economic Area (‘EEA’)for the purposes of providing you with work-finding services. We will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.
3. Direct Marketing
We may process your personal data to contact you, primarily by e-mail and telephone so that we can provide you with information on our services that may be of interest, in accordance with applicable law.
If you do not wish to receive marketing communications from us you can opt out at any time by contacting our Office Manager (Data Protection Officer) at St Clements House, 1st Floor, 27 Clements Lane, London, EC4N 7AE or by telephone at 0203 829 5900.
4. Data retention
We 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.
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, 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.
5. Data Minimisation
6. How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use.
7. Your rights
Please be aware that you have the following data protection rights:
- The right to be informed about the personal data the Company processes on you;
- The right of access to the personal data the Company processes on you;
- The right to rectification of your personal data;
- The right to erasure of your personal data in certain circumstances;
- The right to restrict processing of your personal data;
- The right to data portability in certain circumstances;
- The right to object to the processing of your personal data that was based on a public or legitimate interest;
- The right not to be subjected to automated decision making and profiling; and
- The right to withdraw consent at any time.
Where you have consented to Westbourne Partners processing your personal data/sensitive personal data you have the right to withdraw that consent at any time by contacting our Office Manager (Data Protection Officer) Office Manager (Data Protection Officer) at St Clements House, 1st Floor, 27 Clements Lane, London, EC4N 7AE or by telephone at 0203 829 5900.
There may be circumstances where Westbourne Partners will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific reasons.
If you believe that any of your data that Westbourne Partners 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.
8. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Our Office Manager (Data Protection Officer) at St Clements House, 1st Floor, 27 Clements Lane, London, EC4N 7AE or by telephone at 0203 829 5900.
You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or athttps://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.
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the processing of personal data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms in this Policy.