Privacy notice: Irwin and Colton Ltd (‘the company’)
The Company 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.
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. The Company 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.
The Company has registered with the ICO and its registration number is ZA192558.
Our contact details are:
Irwin and Colton Limited
Postal address: Cardinal Point, Park Road, Rickmansworth, Hertfordshire, WD3 1RE
Telephone number: 01923 432 632
Email Address: GDPR@irwinandcolton.com
The Company may hold personal data on individuals for the following purposes:
• Staff administration
• Advertising, marketing and public relations
• Accounts and records
• Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support
• Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers
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. The legal bases we rely upon to offer these services to you are legitimate interest. Other bases may include
1. Consent of the individual for one or more specific purposes.
2. Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.
3. Processing is necessary for compliance with a legal obligation that the controller is subject to.
4. Processing is necessary to protect the vital interests of the individual or another person.
5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
6. Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.
b. Legitimate interest
Where the Company has relied on a legitimate interest to process your personal data, our legitimate interest is providing work seeking services.
c. Recipient/s of data
If you are a candidate and have applied for a role via a job board, your personal data will be received by the job board company, and then by our candidate portal, who feed the information into our applicant tracking system (ATS). These companies act as data processors for us. Where applicable, your personal data will be passed onto our clients if you are selected as a suitable candidate for one of their vacancies, we will always seek your permission before sharing your personal data with a client. Occasionally, your details may be relevant for a vacancy for which you have not applied, and if this is the case, we will always seek your permission before sharing your personal data with another client for your mutual benefit.
d. 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 we may not be able to progress your application.
e. The Company has collected the following personal data on you:
Your personal and sensitive personal data such as your name, address, contact details, e-mail address obtained from your CV.2. Overseas Transfers The Company 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. Data retention
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.
The Company will retain your personal data only for as long as is necessary. Different laws may require us to keep different data for different periods of time.
We must also keep your employment records including but not limited to 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.
Irwin and Colton (The Company) has a policy to hard delete personal data after 7 years. Data retention is to fulfil legal and financial obligations. There will be extraneous circumstances where data can be deleted beforehand which includes:
• If we have not done business with you for over 7 years (client)
• If we have not contacted you in over 3 years (candidate)
• If you were employed with the business over 7 years ago
• If we do not need your data/ no longer needs to be processed
• If data did not have explicit consent (prior to the legislation)
4. 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 the Company processing your [personal data and / or sensitive personal data] you have the right to withdraw that consent at any time by contacting:
5. Accepting this Privacy Notice
Irwin and Colton Ltd (The Company) will process your personal data in accordance with this Privacy Notice, unless this conflicts with applicable law, whereby applicable law will prevail.
Upon submission of your personal data, you agree that:
• You have read and understood this Privacy Notice and agree to the use of your personal data as set out herein.
• Your personal data may be transferred and processed worldwide, including countries that may not be deemed to provide the same level of data protection as your home country, for the purposes and in the manner specified in this Privacy Notice.
• You are not required to provide any requested information to us but failing to do so may result in not being able to continue your candidacy for the job for which you have applied.
• All of your representations are true and correct to the best of your knowledge and belief, and you have not knowingly omitted any related information of an adverse nature. Providing any inaccurate information may make you ineligible for employment.
• Please note this Privacy Notice does not form part of any contract of employment offered to candidates hired by Irwin and Colton Ltd (The Company).
6. Automated decision-making
Irwin and Colton Ltd do not use automated decision-making processes.
Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: GDPR@irwinandcolton.com
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.