Data Protection Policy

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Rae James Recruitment Limited processes personal data in relation to its own staff, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. Rae James Recruitment Limited has registered with the ICO and its registration number is ZC194421
 

Rae James Recruitment Limited 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. The data protection principles 
    

The Data Protection Laws require Rae James Recruitment Limited acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:
 

1. Processed lawfully, fairly and in a transparent manner;

2. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;

3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

4. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay;

5. Kept for no longer than is necessary for the purposes for which the personal data is processed;

6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and

7. The data controller shall be responsible for, and be able to demonstrate, compliance with the data protection principles.
   
   2. Legal bases for processing
    

Rae James Recruitment Limited will only process personal data where it has a legal basis for doing so (see Annex A). Where Rae James Recruitment Limited does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.
 

Rae James Recruitment Limited will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date. Those people listed in page 12 shall be responsible for doing this.

Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back-office support)), Rae James Recruitment Limited will establish that it has a lawful reason for making the transfer.
 

       3. Privacy by design and by default
 

Rae James Recruitment Limited has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes implementing measures such as:
 

• data minimisation (i.e. not keeping data for longer than is necessary);

• pseudonymisation;

• anonymisation

• cyber security
  
  Rae James Recruitment Limited shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. Rae James Recruitment Limited may provide this information orally if requested to do so by the individual.
   

1. Privacy notices
 

Where Rae James Recruitment Limited collects personal data from the individual, Rae James Recruitment Limited will give the individual a privacy notice at the time when it first obtains the personal data.
 

Where Rae James Recruitment Limited collects personal data other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the personal data, or at the time it contacts the individual, but at the latest within one month. If Rae James Recruitment Limited intends to disclose the personal data to a third party, then the privacy notice will be issued when the personal data are first disclosed (if not issued sooner).
 

Where Rae James Recruitment Limited intends to further process the personal data for a purpose other than that for which the data was initially collected, Rae James Recruitment Limited will give the individual information on that other purpose and any relevant further information before it does the further processing.
 

2. Subject access requests
 

The individual is entitled to access their personal data on request from the data controller.
 

3. Rectification

The individual or another data controller at the individual’s request, has the right to ask Rae James Recruitment Limited to rectify any inaccurate or incomplete personal data concerning an individual.
 

If Rae James Recruitment Limited has given the personal data to any third parties, it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. If asked to, Rae James Recruitment Limited must also inform the individual about these recipients. Those third parties should also rectify the personal data they hold - however Rae James Recruitment Limited will not be in a position to audit those third parties to ensure that the rectification has occurred.
 

4. Erasure
 

The individual or another data controller at the individual’s request, has the right to ask Rae James Recruitment Limited to erase an individual’s personal data. 
 

If Rae James Recruitment Limited receives a request to erase it will ask the individual if s/he wants his personal data to be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). Rae James Recruitment Limited cannot keep a record of individuals whose data it has erased so the individual may be contacted again by Rae James Recruitment Limited should Rae James Recruitment Limited come into possession of the individual’s personal data at a later date.
 

If Rae James Recruitment Limited has made the data public, it shall take reasonable steps to inform other data controllers and data processors processing the personal data to erase the personal data, taking into account available technology and the cost of implementation.
 

If Rae James Recruitment Limited has given the personal data to any third parties it will tell those third parties that it has received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. If asked to, Rae James Recruitment Limited must also inform the individual about these recipients. Those third parties should also rectify the personal data they hold - however Rae James Recruitment Limited will not be in a position to audit those third parties to ensure that the rectification has occurred.
 

5. Restriction of processing
 

The individual or a data controller at the individual’s request, has the right to ask Rae James Recruitment Limited to restrict its processing of his or her personal data where:
 

• The individual challenges the accuracy of the personal data;

• The processing is unlawful and the individual opposes its erasure but requests restriction instead;

• Rae James Recruitment Limited no longer needs the personal data for the purposes of the processing, but the individual needs Rae James Recruitment Limited to keep the personal data in order to establish, exercise or defend a legal claim; or

• The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of Rae James Recruitment Limited override those of the individual.
  
  If Rae James Recruitment Limited has given the personal data to any third parties, it will tell those third parties that it has received a request to restrict the personal data unless this proves impossible or involves disproportionate effort. If asked to, Rae James Recruitment Limited must also inform the individual about these recipients. Those third parties should also rectify the personal data they hold - however Rae James Recruitment Limited will not be in a position to audit those third parties to ensure that the rectification has occurred.
   

6. Data portability
 

The individual shall have the right to receive personal data concerning him or her, which he or she has provided to Rae James Recruitment Limited, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller in circumstances where:
 

• The processing is based on the individual’s consent or a contract; and

• The processing is carried out by automated means (i.e. excluding paper files).
   

Where feasible, Rae James Recruitment Limited will send the personal data to a named third party on the individual’s request.
 

7. Object to processing
 

The individual has the right to object to their personal data being processed based on a public interest, the exercise of official authority vested in you, or a legitimate interest (or those of a third party).
 

Rae James Recruitment Limited shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
 

The individual has the absolute right to object to the processing of their personal data for direct marketing.
 

8. Enforcement of rights
 

All requests regarding individual rights should be sent to the person whose details are listed in page 12.
 

Rae James Recruitment Limited shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision-making processes or profiling within one month of receipt of the request. Rae James Recruitment Limited may extend this period for two further months where necessary, taking into account the complexity and the number of requests. Rae James Recruitment Limited will let the individual know within one month of receiving his or her request and explain why the extension is necessary.
 

Where Rae James Recruitment Limited considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature Rae James Recruitment Limited may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
 

9. Automated decision making

Rae James Recruitment Limited will not subject individuals to decisions based on automated processing that produce a legal effect or a similarly significant effect on the individual, except where the automated decision:
 

• Is necessary for the entering into or performance of a contract between the data controller and the individual;

• Is authorised by law; or

• The individual has given their explicit consent.
   

Rae James Recruitment Limited will not carry out any automated decision-making or profiling using the personal data of a child.
 

Reporting personal data breaches
 

All data breaches should be referred to the persons whose details are listed in page
12.

1. Personal data breaches where Rae James Recruitment Limited is the data controller:
 

Where Rae James Recruitment Limited establishes that a personal data breach has taken place, Rae James Recruitment Limited will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual Rae James Recruitment Limited will notify the ICO, and where necessary, the individual/s concerned.
 

Where the personal data breach happens outside the UK, Rae James Recruitment Limited shall alert the relevant authority for data breaches in the effected jurisdiction.
 

2. Personal data breaches where Rae James Recruitment Limited is the data processor:
 

Rae James Recruitment Limited will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.
 

3. Communicating personal data breaches to individuals
 

Where Rae James Recruitment Limited has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, Rae James
Recruitment Limited shall tell all affected individuals without undue delay.

All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:
 

• Right to respect for private and family life (Article 8).

• Freedom of thought, belief and religion (Article 9).

• Freedom of expression (Article 10).

• Freedom of assembly and association (Article 11).

• Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).
  
  If you have a complaint or suggestion about Rae James Recruitment Limited’s handling of personal data then please contact us info@raejaemsrecruitment.com or call us on 020 8500 7203.
   

Responsible for:

• Adding, amending or deleting personal data;

• Responding to subject access requests/requests for rectification, erasure, restriction, data portability, objection and automated decision making processes and profiling;

• Reporting data breaches/dealing with complaints; and/or details of the Data Protection Officer where applicable [where applicable].

Alternatively you can contact the ICO directly on 0303 123 1113 or at  https://ico.org.uk/global/contact-us/email/
 

 

a) The lawfulness of processing conditions for personal data are:

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1. Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

2. Contract: the processing is necessary for the performance of a contract with the data subject or in order to take specific steps before entering into a contract.

3. Legal obligation: the processing is necessary for compliance with a legal obligation to which the data controller/data processor is subject to.

4. Vital interests: the processing is necessary to protect someone’s life.

5. Public task: the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official functions, and the task or function has a clear basis in law.

6. Legitimate interests: the processing is necessary for the legitimate interests pursued by the data controller or a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.

 

b) The lawfulness of processing conditions for special categories of personal data are:

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1. The data subject has given explicit consent to the processing of the special categories of personal data for one or more specified purposes, except where the data subject is not permitted or able to give consent.

2. Processing is necessary for carrying out obligations and exercising specific rights of the data controller or of the data subject under employment, social security or social protection law, in so far as it is authorised by UK law or a collective agreement, provided for appropriate safeguards for the fundamental rights and interests of the data subject.

3. Processing is necessary to protect the vital interests of the data subject or another person where the data subject is physically or legally incapable of giving consent.

4. Processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subject(s).

5. Processing relates to personal data which manifestly made public by the data subject.

6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

7. Processing is necessary for reasons of substantial public interest on the basis of UK law which is proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject domestic law.

8. Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee [NOTE 21], medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of UK law or a contract with a health professional and subject to relevant conditions and safeguards.

9. Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices on the basis of UK law.

Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.