INTRODUCTION
This Privacy Policy explains what we do with your personal data, whether we are in the process of helping you find employment, continuing our relationship with you once we have found you a role, providing you with a service, receiving a service from you, using your data to ask for your assistance in relation to one of our Candidates, or you are visiting our website. It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights. This Privacy Policy applies to the personal data of our Website Users, Candidates, Clients, Suppliers, and other people whom we may contact to find out more about our Candidates or whom they indicate is an emergency contact. It also applies to the emergency contacts of our Staff. To be clear, if you are a member of Morris Jane Associates staff, you should refer to the Morris Jane Associates Privacy Policy. It is important to point out that we may amend this Privacy Policy from time to time. If you are dissatisfied with any aspect of our Privacy Policy, you may have legal rights and, where relevant, we have described these as well.
WHAT KIND OF PERSONAL DATA DO WE COLLECT?
Candidate data
In order to provide the best possible employment opportunities that are tailored to you, we need to process certain information about you. We only ask for details that will genuinely help us to help you, such as your name, age, contact details, education details, employment history, emergency contacts, immigration status, financial information (where we need to carry out financial background checks), and National Insurance Number (and of course you may choose to share other relevant information with us). Where appropriate and in accordance with local laws and requirements, we may also collect information related to your health, diversity information or details of any criminal convictions. To the extent that you access our website we will also collect certain data from you.
Client data
If you are a Morris Jane Associate Client, we need to collect and use information about you, or individuals at your organisation, in the course of providing you services such as: (i) finding Candidates who are the right fit for you or your organisation. To the extent that you access our website we will also collect certain data from you.
Supplier data
We need information from our Suppliers to ensure that things run smoothly. We need contact details of relevant individuals at your organisation so that we can communicate with you. We also need other information such as your bank details so that we can pay for the services you provide (if this is part of the contractual arrangements between us). To the extent that you access our website we will also collect certain data from you.
People whose data we receive from candidates and staff, such as referees and emergency contacts
In order to provide Candidates with suitable employment opportunities safely and securely and to provide for every eventuality for them and our Staff, we need background information. We only ask for very basic contact details, so that we can get in touch with you either for a reference or because you’ve been listed as an emergency contact for one of our Candidates or Staff members. A number of elements of the personal data we collect from you are required to enable us to fulfil our contractual duties to you or to others. Where appropriate, some, for example Candidates' National Insurance number and, religious affiliation, are required by statute or other laws. Other items may simply be needed to ensure that our relationship can run smoothly. Depending on the type of personal data in question and the grounds on which we may be processing it, should you decline to provide us with such data, we may not be able to fulfil our contractual requirements or, in extreme cases, may not be able to continue with our relationship.
HOW DO WE COLLECT YOUR PERSONAL DATA?
Candidate data
We collect Candidate personal data in three primary ways: 1. Personal data that you, the Candidate, give to us; 2. Personal data that we receive from other sources; and 3. Personal data that we collect automatically. Personal data you give to us - We need to know certain information about you in order to provide a service. This will enable us to provide you with the best opportunities. There are numerous ways you can share your information with us. These may include - Entering your details on our website or via an application form, as part of the registration process; - Leaving a hard copy CV at our offices - Emailing your CV to a consultant or being interviewed by them; - Via a third party Personal data we receive from other sources - We also receive personal data about Candidate from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations: - Your referees may disclose personal information about you; - Our Clients may share personal information about you with us; - We may obtain information about you from searching for potential Candidate from third party sources.
Client data
We collect Client personal data in three ways: 1. Personal data that we receive directly from you; 2. Personal data that we receive from other sources; and 3. Personal data that we collect automatically. Personal data that we receive directly from you - - Where you contact us, usually by phone or email; and/or - Where we contact you, either by phone or email, or through our consultants' business development activities.
HOW DO WE USE YOUR PERSONAL DATA?
Candidate data
We generally use Candidate data in three ways: - Recruitment Activities; - Marketing Activities; - To help us to establish, exercise or defend legal claims. Our main area of work is recruitment – connecting the right Candidates with the right jobs. We've listed below various ways in which we may use and process your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive. - Collecting your data from you and other third party sources - Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment; - Providing you with our recruitment services and to facilitate the recruitment process; - Assessing data about you against vacancies which we think may be suitable for you; - Sending your information to Clients, in order to apply for jobs or to assess your eligibility for jobs; - Enabling you to submit your CV, apply online for jobs or to subscribe to alerts about jobs we think may be of interest to you; - Carrying out our obligations arising from any contracts entered into between us; - Carrying out our obligations arising from any contracts entered into between Morris Jane Associates and third parties in relation to your recruitment; - Facilitating our payroll and invoicing processes; - Verifying details you have provided, using third party resources or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws); - Complying with our legal obligations in connection with the detection of crime or the collection of taxes or duties
EQUAL OPPORTUNITIES AND OTHER SENSITIVE PERSONAL DATA
We are committed to ensuring that our recruitment processes are aligned with our approach to equal opportunities. Some of the data we may (in appropriate circumstances and in accordance with local law and requirements) collect about you comes under the umbrella of "diversity information". This could be information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, and/or social-economic background. Where appropriate and in accordance with local laws and requirements, we'll use this information on an anonymised basis to monitor our compliance with our equal opportunities policy. We may also disclose this (suitably anonymised where relevant) data to Clients where this is contractually required or the Client specifically requests such information to enable them to comply with their own employment processes. This information is what is called ‘sensitive’ personal information and slightly stricter data protection rules apply to it. We therefore need to obtain your explicit consent before we can use it. We'll ask for your consent by offering you an opt-in. This means that you have to explicitly and clearly tell us that you agree to us collecting and using this information. We may collect other sensitive personal data about you, such as health-related information, religious affiliation, or details of any criminal convictions if this is appropriate in accordance with local laws and is required for a role that you are interested in applying for. We will never do this without your explicit consent. To help us to establish, exercise or defend legal claims -In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.
Client data
We use Client information for: - Recruitment Activities; - Marketing Activities; and - To help us to establish, exercise or defend legal claims Recruitment Activities - - Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment activities; - Keeping records of our conversations and meetings.
Supplier data
We will only use your information: - To store (and update when necessary) your details on our database, so that we can contact you in relation to our agreements; - To offer services to you or to obtain support and services from you; - To perform certain legal obligations; - In more unusual circumstances, to help us to establish, exercise or defend legal claims.
People whose data we receive from candidates and staff, such as referees and emergency contacts
We will only use the information that our Candidate gives us about you for the following purposes: - If our Candidates or Staff members supply on our form you as an emergency contact, we'll contact you in the case of an accident or emergency affecting them; or - If you were given as a contact by our Candidate or a prospective member of Staff as a referee, we will contact you in order to take up a reference.
WHO DO WE SHARE YOUR PERSONAL DATA WITH?
Where appropriate and in accordance with local laws and requirements, we may share your personal data, in various ways and for various reasons, with the following categories of people: - Individuals and organisations who hold information related to your reference or application to work with us, such as current, past or prospective employers, educators and examining bodies and employment and recruitment agencies; - Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data (for example, because of a request by a tax authority or in connection with any anticipated litigation); - Third party service providers who perform functions on our behalf (including external consultants, business associates and professional advisers such as lawyers, auditors and accountants, technical support functions and IT consultants carrying out testing and development work on our business technology systems); - Third party outsourced IT and document storage providers where we have an appropriate processing agreement (or similar protections) in place; - In the case of Candidates: potential employers and other recruitment agencies/organisations to increase your chances of finding employment; - In the case of Candidates: third party partners, job boards and job aggregators where we consider this will improve the chances of finding you the right job; - In the case of Candidates and our Candidates' and prospective members of Staff's referees: third parties who we have retained to provide services such as reference, qualification and criminal convictions checks, to the extent that these checks are appropriate and in accordance with local laws;
HOW DO WE SAFEGUARD YOUR PERSONAL DATA?
We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures. These include measures to deal with any suspected data breach.
HOW LONG WE KEEP YOUR PERSONAL DATA FOR?
We will delete your personal data from our systems if we have not had any meaningful contact with you for two years (or for such longer period as we believe in good faith that the law or relevant regulators require us to preserve your data). After this period, it is likely your data will no longer be relevant for the purposes for which it was collected. For those Candidates whose services are provided via a third party company or other entity, "meaningful contact" with you means meaningful contact with the company or entity which supplies your services. Where we are notified by such company or entity that it no longer has that relationship with you, we will retain your data for no longer than two years from that point or, if later, for the period of two years from the point we subsequently have meaningful contact directly with you. When we refer to "meaningful contact", we mean, for example, communication between us (either verbal or written), or where you are actively engaging with our business services. If you are a Candidate we will consider there to be meaningful contact with you if you submit your updated CV onto our website. We will also consider it meaningful contact if you communicate with us about potential roles, either by verbal or written communication.
HOW CAN YOU ACCESS, AMEND OR TAKE BACK THE PERSONAL DATA THAT YOU HAVE GIVEN TO US?
One of the GDPR's main objectives is to protect and clarify the rights of EU citizens and individuals in the EU with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below. To get in touch about these rights, please contact us. We will seek to deal with your request without undue delay, and in any event within 30 days (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise. Right to object: this right enables you to object to us processing your personal data where we do so for one of the following four reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials; and (iv) for scientific, historical, research, or statistical purposes. The "legitimate interests" and "direct marketing" categories above are the ones most likely to apply to our Website Users, Candidates, Clients and Suppliers. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless: - we can show that we have compelling legitimate grounds for processing which overrides your interests; or - we are processing your data for the establishment, exercise or Defence of a legal claim. If your objection relates to direct marketing, we must act on your objection by ceasing this activity. Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example, for our marketing arrangements or automatic profiling), you may withdraw this consent at any time and we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose in which case we will inform you of this condition. Data Subject Access Requests (DSAR): You may ask us to confirm what information we hold about you at any time, and request us to modify, update or Delete such information. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is "manifestly unfounded or excessive". If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so. Right to erasure: You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following criteria: - the data are no longer necessary for the purpose for which we originally collected and/or processed them; - where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing; - the data has been processed unlawfully (i.e. in a manner which does not comply with the GDPR); - it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or - if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing. - We would only be entitled to refuse to comply with your request for one of the following reasons: - to exercise the right of freedom of expression and information; - to comply with legal obligations or for the performance of a public interest task or exercise of official authority; - for public health reasons in the public interest; - for archival, research or statistical purposes; or - to exercise or defend a legal claim. When complying with a valid request for the erasure of data we will take all reasonably practicable steps to delete the relevant data. Right to restrict processing: You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise or defence of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest. The circumstances in which you are entitled to request that we restrict the processing of your personal data are: - where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified; - where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data; - where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; - where we have no further need to process your personal data but you require the data to establish, exercise, or defend legal claims. If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data. Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision. Right of data portability: If you wish, you have the right to transfer your personal data between data controllers. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data. Alternatively, we may directly transfer the data for you. This right of data portability applies to: (i) personal data that we process automatically (i.e. without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract. Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with your local supervisory authority. If you would like to exercise any of these rights, or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data. Please note that we may keep a record of your communications to help us resolve any issues which you raise. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold your data.
COOKIES POLICY
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LEGAL BASES FOR PROCESSING YOUR DATA
Legitimate interests
Article 6(1)(f) of the GDPR is the one that is relevant here – it says that we can process your data where it "is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data."
Candidate data
We think it's reasonable to expect that if you are looking for employment or have posted your professional CV information on a job board or professional networking site, you are happy for us to collect and otherwise use your personal data to offer or provide our recruitment services to you, share that information with prospective employers and assess your skills against our pool of vacancies. Once it's looking like you may get the job, your prospective employer may also want to double check any information you've given us or to confirm your references, qualifications and criminal record, to the extent that this is appropriate and in accordance with local laws. We have to make sure our business runs smoothly, so that we can carry on providing services to Candidates like you. We therefore also need to use your data for our internal administrative activities, payroll, pension and invoicing where relevant. If we believe in good faith that it is necessary, we may therefore share your data in connection with crime detection, tax collection or actual or anticipated litigation.
Client data
To ensure that we provide you with the best service possible, we store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of our conversations, meetings, registered jobs and placements. We think this is reasonable – we deem these uses of your data to be necessary for our legitimate interests as an organisation providing recruitment services to you.
Supplier data
We use and store the personal data of individuals within your organisation in order to facilitate the receipt of services from you as one of our Suppliers. We also hold your financial details, so that we can pay you for your services. We deem all such activities to be necessary within the range of our legitimate interests as a recipient of your services.
People whose data we receive from candidates and staff, such as referees and emergency contacts
If you have been put down by a Candidate or a prospective member of Staff as one of their referees, we use your personal data in order to contact you for a reference. This is a part of our quality assurance procedure and so we deem this to be necessary for our legitimate interests as an organisation offering recruitment services and employing people ourselves. If a Candidate or Staff member has given us your details as an emergency contact, we will use these details to contact you in the case of an accident or emergency.
Consent
In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent or soft opt-in consent. Article 4(11) of the GDPR states that (opt-in) 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." In plain language, this means that you: - have to give us your consent freely, without us putting you under any type of pressure; - have to know what you are consenting to - should have control over which processing activities you consent to and which you don’t - need to take positive and affirmative action in giving us your consent We will keep records of the consents that you have given in this way. You have the right to withdraw your consent to these activities. You can do so at any time.
ESTABLISHING, EXERCISING OR DEFENDING LEGAL CLAIMS
Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing "is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity".
Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing "is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity".
