Please Note: From November 15th 2020 Software Personnel International Ltd changed its name to Clearly Defined Limited. Any previous reference to Software Personnel International Ltd continues to apply to Clearly Defined Limited.
Clearly Defined is committed to protecting your privacy in all our dealings with you, whether through our website’s on-line services or through direct contact with our consultants. When using our website(s), we want you to have a safe and secure experience. We will endeavour to ensure that the information you submit to us remains private, and is only used for the purposes set out in this policy.
Clearly Defined is committed to protecting and respecting your privacy. Clearly Defined is a specialist recruitment company.
For the purpose of the Data Protection Act 1998 and subsequent data protection legislation (the Act) the data controller is Clearly Defined of 13 Denmans Close, Lindfield, West Sussex RH16 2JX
Our nominated Privacy Officers for the purpose of the Act are Grant Paskins and Gary Smith.
About this Policy
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be treated. This Includes what we do with it; who we disclose it to; and what controls you have.
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a new regulation which replaces the Data Protection Regulation (Directive 95/46/EC). The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.
Even though the UK has expressed its intention to leave the EU in March 2019, the GDPR will be applicable in the UK from 25th May 2018. The Government intends for the GDPR to continue in UK law post Brexit and has also introduced a Data Protection Bill to replace the current Data Protection Act in due course.
Your new rights under the GDPR are set out in this policy but will only apply once the GDPR becomes law on 25th May 2018.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
WHO WE ARE AND WHAT WE DO
We are a recruitment agency and recruitment business as defined in the Employment Agencies and Employment Businesses Regulations 2003 (our business). We collect the personal data of the following types of people to allow us to undertake our business;
- Prospective and placed candidates for Permanent, Contract or Temporary roles, potential and actual clients;
- Prospective and live client contacts;
- Supplier contacts to support our services.
We collect information about you to carry out our core business and ancillary activities.
Information you give to us or we collect about you.
This is information about you that you give us by filling in forms on our site www.clearlydefined.co.uk (our site) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, register via a job board or email to enter our database, subscribe to our services, attend our events, participate in discussion boards or other social media functions on our site, enter a survey, and when you report a problem with our site.
The information you provide to us or we collect about you may include your name, address, private and corporate e-mail address and phone number, financial information, compliance documentation and references verifying your qualifications and experience and your right to work in the United Kingdom, curriculum vitae and photograph, links to your professional profiles available in the public domain e.g. LinkedIn, Twitter, business Facebook or corporate website
Information we collect about you when you visit our website.
We may collect information about your computer including where available your IP address, operating system and browser type for system administration and to analyse visitor trends and traffic on our website. This information is collected in aggregate form and does not identify individuals. It is not passed on to third parties.
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing our website and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way. There are inherent risks in transmitting information across the internet. Software Personnel International cannot guarantee that the personal information you submit will not be intercepted by others when it is submitted to us over the internet.
Information we obtain from other sources.
This is information we obtain about you from other sources such as LinkedIn, corporate websites, job board websites, online CV databases and personal recommendations. We are working closely with third parties including business partners, sub-contractors in technical, professional, payment and other services, advertising networks, analytics providers, search information providers, credit reference agencies, professional advisors. We may receive information about you from them for the purposes of our recruitment services and ancillary support services.
Collecting sensitive information
Depending on the nature of a role applied for, we may need to collect and process sensitive personal information about you, some of which may be categorised as Special Data under the GDPR. This may include information about your health (including details of any sick leave taken during your previous roles), details of any disability, details of any offences you have committed or are alleged to have committed and whether you are a member of any professional or trade associations. You may refuse to provide any of the sensitive personal information we request, however, this may restrict our ability to provide the recruitment or other related services you have requested.
In addition, as part of our commitment to equality of opportunity and to monitor compliance with our equal opportunity policy, we may ask you to complete an equality monitoring form. Where you are asked to complete an equality monitoring form, information is provided voluntarily and on an anonymous basis for statistical analysis. It is not stored with your data records.
PURPOSES OF THE PROCESSING AND THE LEGAL BASIS FOR THE PROCESSING
We use information held about you in the following ways:
We collect your personal information so that we can provide our services to you, including to:
• provide you with information about job vacancies and to assist you in finding a suitable position;
• maintain our business relationship, where you are a user of our website, a client or candidate;
• provide you with recruitment services - which may include career guidance;
• inform you of events, services and possible job opportunities using contact details you have provided;
• analyse visitor trends and traffic on our websites – this information does not identify you individually;
• assist in managing our relationship with you and our clients and perform administration or operational functions;
to provide you with information about other services we offer that are similar to those that you have already purchased, been provided with or enquired about;
• carry out market research, marketing analysis and satisfaction surveys.
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 obligation. For example, we have a statutory obligation to retain employee data and placement data, including details of taxation payments for at least 6 years.
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 includes permission to introduce you to a client (if you are a candidate).
Our Legitimate Business Interests
Our legitimate interests in collecting and retaining your personal data is described below:
As a recruitment business and recruitment agency 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, essential part of this process. To support our candidates’ career aspirations and our clients’ resourcing needs we require a database of candidate and client personal data.
To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
Other Uses we will make of your data:
- To notify you about changes to our service;
- To ensure that content from our site is presented in the most effective manner for you and for your computer. We will use this information to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our site to ensure that content is presented in the most effective manner for you and for your computer; as part of our efforts to keep our site safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
We do not undertake automated decision making or profiling. We do use our computer systems to search and identify personal data in accordance with parameters set by a person. A person will always be involved in the decision-making process.
How your personal information is collected
Personal information may be obtained through our website (e.g. when you submit your curriculum vitae or application to us or one of our clients) or via one of our recruitment consultants when you contact them, send them your curriculum vitae or application (Including via a job board), connect with them on LinkedIn or similar professional networking sites, or discuss a recruitment opportunity with them.
Although we do not make it compulsory to give us every item of information we ask for, the more information you volunteer (and the more accurate it is), the better we can tailor our services to your needs. If the personal information we have requested is not collected, we may not be able to provide the recruitment or other related services to you.
With your permission we may take a photograph of your passport or other identity document as part of legally required Identity and right to work checks. These images will be uploaded to our database and will then be deleted from any mobile photo device.
We may occasionally contact you with information about some of our other recruitment opportunities that we feel may be of interest to you and to invite you to update the information held by us about you.
Disclosure of your personal information
While providing our services we may need to disclose your personal information to other companies (including to trusted third parties) for the purposes for which it is primarily held or for a related or secondary purpose.
• disclose or transfer your personal information to prospective employers where you are interested in an available position and have given express permission that we may disclose it;
• disclose your personal information to third parties who perform functions on our behalf and who also provide services to us, such as IT consultants carrying out testing and development work on our business technology systems, our book keeper and accountant disclose your personal information to third parties for the purposes of due diligence in the event of a proposed sale, merger, liquidation, receivership or transfer of assets;
• in the event of a sale, merger, liquidation, receivership or transfer of assets disclose your personal information to third parties provided that they agree only to use your personal information for the purposes that you have provided it to us;
• disclose aggregate statistics about our site visitors and candidates in order to describe our services to prospective partners, clients and other reputable third parties and for other lawful purposes – in such cases these statistics will include no personally identifying information.
We may disclose personal information, if required to do so by law, a court order or by a regulatory authority of competent jurisdiction or if we believe that such action is necessary to protect, defend or enforce the rights of Software Personnel International.
Transferring your personal information across international borders
Where you apply for roles with employers based outside the country from which you are applying, your personal information will be sent to employers in that country. By submitting your personal information to us, you are agreeing to your personal details being transferred to international offices where you are applying for roles outside the country of application, to prospective employers in those countries.
The lawful basis for the third-party processing will include:
- Their own legitimate business interests in processing your personal data, in most cases to fulfil their internal resourcing needs;
- Satisfaction of their contractual obligations to us as our data processor;
- For the purpose of a contract in place or in contemplation;
- To fulfil their legal obligations.
Security and storage of personal information
Safeguarding personal information and respecting confidentiality of your information is important to Clearly Defined . All information you provide to us is stored on secure servers in the U.K. and we will take the necessary steps, including putting in place adequate technical and organisational measures, to protect your personal information. While we have security measures in place to protect against the loss, misuse and alteration of personal information under our control we cannot guarantee that loss, misuse or alteration of personal information will not occur.
Using our websites – Internet based transfers
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing our website and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way. There are inherent risks in transmitting information across the internet. Clearly Defined cannot guarantee that the personal information you submit will not be intercepted by others when it is submitted to us over the internet.
RETENTION OF YOUR DATA
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so. Accordingly, we retain your details on our system indefinitely. With our twenty-five years’ experience of the recruitment market, we know that long term relationships with our candidates and client contacts and awareness of our candidates’ career histories are key components of our successful service to you.
Keeping our records accurate and up to date
Clearly Defined will review the personal information it processes to ensure that it is up to date, accurate and not held for longer than necessary for our internal processes or as otherwise required by law. Your co-operation in helping us to keep your personal information accurate by informing us of any change of name, change of address or change of other contact details is an important part of this. If you would like to review or change the details you have supplied us with, you may do so at any time by notifying us in writing. If you would like to opt-out of receiving newsletters and updates from us at any time, please email us and use “unsubscribe” within your email subject line and include your full name and address or where you have registered on our website, please login http://clearlydefined.co.uk/login/ and choose ‘Close My Account’ option.
We do the following to try to ensure our data is accurate:
- Prior to making an introduction we check that we have accurate information about you
- We keep in touch with you so you can let us know of changes to your personal data
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and we will collect express consent from you if legally required prior to using your personal data for marketing purposes.
You can exercise the right to prevent such processing at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
With effect from 25th May 2018, when the GDPR came into force you will have the following additional rights, subject to the GDPR:
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party, subject to certain conditions.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Grant Paskins email@example.com or Gary Smith firstname.lastname@example.org in writing.
The right to make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner’s Office. The ICO can be contacted through this link: https://ico.org.uk/concerns/
ACCESS TO INFORMATION
The Act and the GDPR gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act and the GDPR once it is in force. A subject access request should be submitted to the relevant Privacy Officer. We may refuse access if it would interfere with the privacy rights of other persons or if it breaches any confidentiality that attaches to that information. To make a request to access your personal information, you will need to outline your request in writing, verify your identity and specify what information you require. Please contact the Privacy Officer with any such requests. You should anticipate that it may take time to process your application for access as there may be a need to retrieve information from storage and review it to determine what information is relevant.
You also have the right to ask Clearly Defined to stop using your information. However, if this involves a request for deletion of your file, please be aware that we may not be required or able to do so, particularly where your file also holds information about our clients or financial information that we need to keep for periods of up to six years i.e. that relate to tax matters. Where we are unable to comply with your request we will provide reasons.
How to make a complaint
If you believe that we have breached this policy, or any other applicable privacy or data protection laws or regulations which may apply to Clearly Defined , then you should make a complaint to Clearly Defined in the first instance. You should address your complaint in writing to the Privacy Officers (contact details are set out below) and you should include as much detail as you can about the personal information affected, and the circumstances that you believe amount to a breach of this policy or the applicable privacy or data protection law or regulation.