Talentwise Solutions Ltd (the Company) is an employment agency which provides work-finding services to its job seekers and clients. 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.
The GDPR apply to all personal data we process regardless of how we receive the information and regardless of whether we engage you directly or receive your personal data from a third party. You may give your personal details to the Company directly, such as on an application or registration form or via our website or we may collect them from another source such as a jobs board or a social networking site. The company must have a legal basis for processing your information. 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. Personal data we may collect from you In order to provide the best possible work-finding services we need to collect certain personal and sensitive personal data from you. We only ask for details that are needed for the provision of workfinding services. If you are a candidate this may include your name, age, contact details, details of education and qualifications, work history, referees, nationality/eligibility details including immigration status, driving licence details, national insurance number and where in accordance with UK law and requirements, we may also collect information relating to your health, disability, diversity and details of any criminal convictions.
b. Purpose of processing and legal basis The Company will collect and process your personal data (which may include sensitive personal data) for the purposes of providing you with work-finding services. The legal basis we rely on to offer these services to you are:
Legitimate interest Article 6 (1)(f) of the GDPR say that we can process your data where it is “necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data”
For candidates, if you are looking for a role or have posted your CV information on a job board or networking site we will assume you are happy for us to collect and use your personal data to offer or provide you our work-finding services as well as to share that information with prospective employers. If you are about to potentially secure a role with one of our clients, our client may also need to double check any information you’ve given us, to the extent that this is appropriate and in accordance with UK laws. We need to do these things so that we can operate as an employment agency and to enable us to secure you roles and send you appropriate communications about the roles that might be of interest to you.
For clients, in order to provide our work-finding services we will need to store personal data of individual contacts in your business as well as keep records of conversations and meetings. We may also contact you about candidates who are looking for roles or to undertake a customer satisfaction survey. We think this is reasonable and these uses of your data to be necessary for our legitimate interests as an employment agency providing work-finding services to you.
Legal Obligation Article 6(1)(c) provides a lawful basis for processing where “processing is necessary for compliance with a legal obligation to which the controller is subject” In our business of being an employment agency, we will often have legal obligations to process and retain your personal data in order to comply with our responsibilities to the HMRC and under UK law.
Consent In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Article 4(11) of the GDPR states that consent is “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her” This requires us to ensure you have given your consent freely, you know what you are consenting to and that you take positive action to give us your consent. We will keep records of the consents you have given in this way.
c. Recipient(s) of data Where appropriate and in accordance with UK laws and requirements, we may share or process your personal data and/or sensitive personal data with the following categories of recipients.
• Individuals and organisations who hold information related to your references or application for a role with, including but not limited to current, past or prospective employers
• Third party service providers who perform functions for us in our business of operating as an employment agency (including professional advisors such as lawyers, auditors, accountants, technical support functions, outsourced IT providers and IT consultants carrying out testing and development work on our IT systems) • Marketing technology platforms and suppliers
• Potential employers and other organisations to increase your chance of finding a role
• Third party recruitment platform providers such as Managed Service Providers where necessary to enable you to be placed in a role
• Third parties providing services such as checking references, qualifications, eligibility or criminal convictions, to the extent that these checks are appropriate and in accordance with UK law.
d. Statutory/Contractual Requirement Your personal data may be 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. If it is required, you are obliged to provide the personal data and if you do not, the consequences of failure to provide that data are:
• We may no longer be able to provide work-finding services to you to find a role
2. Data Retention The Company will retain your personal and sensitive personal data only for as long as is necessary. Different laws require us to keep different data for different periods of time
The Conduct of Employment Agencies and Employment Businessses 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.
3. 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 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
• The right to withdraw consent at any time
Where you have consented to the Company processing your personal and sensitive personal data you have the right to withdraw that consent at any time. Please see Section 4 for contact details.
4 Contact Details If you wish to complain about this privacy notice or any of the procedures set out in it, or act on any of your rights set out in Section 3 please email Tracey McCabe, Director at firstname.lastname@example.org or write to
Talentwise Solutions Ltd
30 Eastern Green Road
You also have the right to raise concerns with the Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/ if you believe that your data protection rights have not been adhered to.
Tracey McCabe - Director