Privacy Policy

Privacy Policy

JHA Recruitment Limited (“JHA Recruitment”, “JHA”, “Our”, “Us”, “We”) are committed to protecting the privacy of our website users, clients and candidates. We recognise that when you use us, that you trust us with your information. Therefore, we are committed to sustaining that trust and providing a safe and secure user experience. We will ensure that the information you submit to us via our website or through our office is only used for the purpose detailed in this Data Privacy Policy.

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) replaces the Data Protection Regulation Directive as of 25th May 2018. Despite the UK’s intention to leave the EU in March 2019, GDPR will be applicable in the UK as of 25th May 2018. Your rights under the GDPR are set out in this notice and will apply once the GDPR becomes law on 25th May 2018.

Please read the following information carefully to understand our views and practices regarding your personal data.

Who Controls your data

What is Personal Data

Who is JHA Recruitment, what do we do and how do we collect your data

JHA Recruitment Limited is a small privately-owned recruitment agency. We collect the personal data from the following types of people in order to allow us to carry out our business:

You may have applied directly to us, or we may have found your details on job boards or a social networking site. We are able to process your data if we have a legal basis for doing so. There are six (6) legal bases for processing data, however we rely on (1) your consent, (2) that the processing is necessary for the performance of a contract with you, (3) that we have a legitimate interest in processing your personal data, (4) for compliance whereby we have a legal obligation as controller.

We collect information about you in order to carry out our core business activities.

SECTION 1 – The Data we collect and how we use it

This section applies to any individual wishing to use our Recruitment Services or those looking for a role to work with us (a “candidate”).

The Personal data we receive or collects includes the following (as applicable):

We may obtain personal data from the following sources (please note this is not a comprehensive list):

Where you are a Candidate and we have obtained your personal data from a third party such as an online job board, it is our policy to advise you of the source when we first initiate communication with you.

How we use personal data:

The processing of your personal information/data may include:

Our legal reasoning for processing personal data, and why we process personal data:

Our legal basis for the processing of personal data is our legitimate business interests, described in detail below, although, we also rely on contract, legal obligation and consent for specific uses of data.

We will rely on a 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 your or receive services from you or your organisation.

We will reply on legal obligation if we are legally required to hold information on you to fulfil our legal obligations.

We will in some circumstances rely on consent for particular uses of your data and you will be asked for your expressed consent if legally required. Examples of when consent may be the lawful basis of processing include permission to introduce you to a client (if you are a candidate).

1. Entering in to and performing a contract with you:

In order to provide our Recruitment Services, we may enter into a contract with you and/or a third party. In order to enter into a contract, we will need certain information such as your name and address. A contract will also contain obligations on both our part, and your part, and we shall process your data as necessary for the purpose of those in order to process payroll on your behalf.

2. Compliance with legal obligations (regulatory and statutory obligations):

We must comply with a number of statutory provisions when providing our Recruitment Services, which necessitate the processing of personal data. These include the Conduct of Employment Agencies and Employment Business Regulations 2003, which amongst other things require us to:

Where we engage a person to work for us (whether directly or as supplied to a Client), there are other statutory obligations that must be complied with including payroll, tax, Department for Work & Pensions, HMRC reporting requirements, and any other law or regulation.

We are also required to comply with statutory and regulatory obligations relating to business generally, for example complying with tax, bribery, fraud/crime prevention and data protection legislation, and cooperating with regulatory authorities such as HMRC or the Information Commissioners Office.

3. Our Legitimate interests (carrying on the commercial activity of the provision of Recruitment Services):

In providing our Recruitment Services, we will carry out the processing of some personal data which Is necessary for the purpose of our legitimate interests, which include:

This means that for our commercial viability and in order for us to peruse these legitimate interests, we may continue to process your personal data for as long as we consider necessary for these purposes.

4. Consent to our processing your personal data:

We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you apply for a specific role you may have consented to our processing of the data that has been provided for the purpose of progressing your application and considering your suitability for that role. In other cases, you may have provided your written or verbal consent to the use of your data for a specific reason, such as receiving marketing updates.

You may withdraw your consent to our processing of your personal information for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary for the furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.

What if we obtain your personal data from a third party

Part of our business activity involves researching information relating to individuals, for the purposes of filling job roles. This may include obtaining personal data from online sources, for example, we may obtain information from social media sites such as LinkedIn and Job boards, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal information about you from hiring organisations, colleagues and former employers, or from persons for whom you have provided services or been otherwise engaged.

Where information from third party sources is of no use to us, or where you have notified us that you do not want us to provide you with services, we shall discard it. However, we may maintain a limited record in order to avoid the duplication of process. Where we consider that information may be of use to us in pursuance of the provision of our Recruitment Services, any processing will be in accordance with this Privacy Policy. You have the right to object to processing, please see Section 4 “Your Rights”.

Sensitive Personal Data (SPD)

Sensitive personal data is information which is intensely personal to you and is usually irrelevant to our consideration of your suitability for a job role. Examples of SPD include information which relates to your political, religious, or philosophical beliefs, sexual orientation, race or ethnic origin, or information relating to your health (mental or physical).

Irrespective of the basis for your dealings with us, we request that you do not provide us with sensitive personal data unless absolutely necessary. However, to the extent that you do provide us with sensitive personal data, such as data which you chose to share with us in conversation, we shall only use that data for the purpose of our relationship with you or for the provision of our Recruitment Services. This will be for one or more of the following reasons:

Who we share personal data with:

We shall not share your personal information unless we are entitled to do so. The categories of persons with whom we may share your personal information include:

Automated decisions

We may use software to review the personal data of individuals recorded on our systems, or who have applied for specific roles. The software may determine suitability for a specific role via targeted questions relating to the role, and/or may identify and select individual personal information according to the stored characteristics. For example, the software may enable us to quickly identify individuals from our systems who have specific skills, e.g., and analyse and exclude individuals whose characteristics do not match particular requirements for a job role.

Where we use software to assist us with our assessment of your suitability for a particular job role and you consider that any such assessment has been made wrongly or incorrectly, you may ask for an explanation.

SECTION 2 – This section applies where you are an individual working for a third party (such as a client employer) with whom we have dealings.

We may collect your personal data in the course of our dealings and this may include the following:

We may obtain your personal data from the following sources (please note this is not a comprehensive list):

How we will use your personal data:

We will process your personal data in the context of our dealings with the third party for whom you work and as part of our Recruitment Services. Processing may include:

Why we process your personal data:

1. Compliance with legal obligations (regulatory and statutory obligations)

We must comply with a number of statutory provisions when providing our Recruitment Services, which necessitate the processing of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things requires us to assess the suitability of candidates and obtain information from Clients.

We are additionally required to comply with a number of statutory and regulatory obligations relating to business generally, for example, tax, bribery and fraud/crime prevention legislation, and cooperating with regulatory authorities such as HMRC.

2. Our legitimate interests (a continuation of the commercial activities of Recruitment Services):

In providing our Recruitment Services, we will carry out some processing of personal data, which is necessary for the purpose of our legitimate interests. These include:

For our commercial viability and to pursue these legitimate interests, we may continue to process your personal information for as long as we consider reasonably appropriate for these purposes.

3. Consent

We may process your personal data on the basis that you have consented to us doing so for a specific purpose. For example, if you have provided your contact details in order that we may use these to provide you with details of our services, you may have consented to our processing of the data for that purpose. In other cases, you may have provided your written or verbal consent to the use of your data for a specific reason, for example for requesting references from you.

You may withdraw your consent to our processing of your personal data for a particular purpose at any stage. Please see Section 4 “Your rights”. However, please note that may continue to retain, or otherwise use your personal information thereafter were have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary for the furtherance of these interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.

What if we obtain your personal data from a third party?

Part of our business activity involves researching information for the purposes of finding and filling job roles. This may include obtaining personal data from sources including job boards, advertisements, LinkedIn or other social media, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal data about you from hiring organisations, colleagues and former employers, or from persons for whom you have provided services or been otherwise engaged. Where information from third party sources is of no use we shall discard it, however, we may maintain a limited record in order to avoid duplication of process. Where we consider that information may be of use to us for the provision of our Recruitment Services, any processing will be in accordance with this Privacy Policy. You do have the right to object to processing, please see Section 4 “Your rights”.

Sensitive Personal Data (SPD)

Sensitive personal data is information which is intensely personal to you and is usually irrelevant to our consideration of your suitability for a job role. Examples of SPD include information which relates to your political, religious, or philosophical beliefs, sexual orientation, race or ethnic origin, or information relating to your health (mental or physical).

Irrespective of the basis for your dealings with us, we request that you do not provide us with sensitive personal data unless absolutely necessary. However, to the extent that you do provide us with sensitive personal data, such as data which you chose to share with us in conversation, we shall only use that data for the purpose of our relationship with you or for the provision of our Recruitment Services. This will be for one or more of the following reasons:

Who we share personal data with:

We shall not share your personal information unless we are entitled to do so. The categories of persons with whom we may share your personal information include:

SECTION 3 – This section applies to all personal data

Transfer of data to other jurisdictions

In the course of our Recruitment Services, we may transfer data to countries or international organisations outside of the European Economic Area (EEA). This may, for example, be to Clients or Candidates, or third parties who provide support services to us. Where information is to be transferred, it may be to a country in respect of which there is an adequacy decision from the EU Commission. However, it this is not the case, it is our policy to take steps to identify risks and in so far as is reasonably practicable, ensure that appropriate safeguards are in place.

If you do not wish to provide us with necessary data

There may circumstances where we require you to provide data which is necessary for us to meet statutory or contractual obligations or perform our Recruitment Services. If you do not wish to provide us with information we request, then please notify us. However, please be aware that this as a result we may be unable to provide you, or the party you represent with a Recruitment Service, and in some cases, this may result in a breach of the contract we have with you or a third party you represent.

Company and Transfer

Although this Privacy Policy applies to JHA Recruitment Limited, in the event of a sale, merger, liquidation, receivership or the transfer of all our assets to a third party, we may need to transfer your information to a third party. Any transfer will be subject to the agreement of the third party to this Privacy Policy and any processing being only in accordance with this Privacy Policy.

Data security and Confidentiality

It is our policy to ensure, in so far as is reasonably practicable, that our systems and records are secure and not accessible to unauthorised third parties in line with contemporary practice.

Retaining your data

In most circumstances your data will not be retained for more than 6 years from the last point at which we provided any services or otherwise engaged with you and it is our policy to only store your personal data for as long as it is reasonably necessary for us to comply with our legal obligations and for our legitimate business interests. The following sets out the lengths of time we are required by law to retain your data or certain elements of your data:

a. For 12 months from the date we last provided our recruitment services to you for the purposes of providing evidence of the recruitment services we provided you (Regulation 29 of the Conduct of Employment Agencies and Employment Businesses Regulation 2003)
b. For 2 years from the end of your last period of engagement or employment for the purposes of providing evidence that right to work checks were carried out under The Immigration (Restrictions of Employment) Order 2007
c. For 3 years from the end of the relevant year for the purposes of any parental/adoption leave records or statutory maternity or paternity pay
d. For 6 years from the end of each tax year for the purposes of retaining payroll records under the Income Tax (Employment and Pensions) Act 2003
e. For 6 years from the end of each tax year for the purposes of keeping VAT records for any VAT registered limited company contractors

However, we may retain data for longer than a 6-year period where we have a legal or contractual obligation to do so, or we from the view that there is otherwise a continued basis to do so, for example, where your personal information identifies a specialist skill set which may remain in demand, or we are subject to legal obligation which applies for a longer period.

If however, you believe that we should delete your personal data at an earlier date, please inform us in writing of your reasons. Please see Section 4 “Your rights”.

Changes to this Privacy Policy

This Privacy Policy is regularly reviewed and may be updated from time to time to reflect changes in our business or legal or commercial practice. Where an update is relevant to our processing of your data, we shall notify you of the same.

SECTION 4 – Your rights

We take the protection of your personal data very seriously and it is important that you know your rights within that context.

Your rights include:

Please note that should you exercise your right to request that we erase data or cease any processing activity, we may retain a record of this request and the action taken to both evidence for our compliance, and to take steps to minimise the prospect of any data being processed in the future should it be received from a third-party source.

If you have any questions concerning your rights or should you wish to exercise any of your rights, please contact: mail@jha-recruitment.co.uk

Complaints

If you are dissatisfied about any aspect of the way in which your data is processed, you may, in the first instance refer the matter to abbye@jha-recruitment.co.uk. This does not affect your right to make a complaint to the Information Commissioners Office: https://ico.org.uk

Contact us

If you have any queries you can contact us at mail@jha-recruitment.co.uk or by writing to us at Data Protection | JHA Recruitment Ltd | Jamaica Wharf | 2 Shad Thames | London | SE1 2YU.