Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. Privacy legislation (GDPR) prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
Automated Processing: any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.
Company name: Ontrak Recruitment
Company Personnel: all employees, workers, contractors, agency workers, consultants, directors, members and others.
Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject's wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.
Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with Privacy legislation. We are the Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.
Criminal Convictions Data: means personal data relating to criminal convictions and offences.
Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.
Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.
Business Manager: this term refers to the Company data privacy colleague with responsibility for data protection compliance called Kealy
:this term refers to the Company data privacy colleague with responsibility for data protection compliance called Kealy
Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
General Data Protection Regulation (GDPR): The General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.
Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behaviour.
Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with Privacy legislation.
Privacy Notices (also referred to as Fair Processing Notices): separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Related Policies: The Company's policies, operating procedures or processes related to this Privacy Policy and designed to protect Personal Data, including the Document Retention Policy & I.S Policy.
Special Categories of Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.
This Privacy Policy sets out how Ontrak Recruitment ("we", "our", "us", "the Company") handle the Personal Data of it’s customers, suppliers, employees, workers, temporary associates and other third parties. This Privacy Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present Data Subjects.
This Privacy Policy applies to all Company Personnel/temporary associates ("you", "your"). You must read, understand and comply with this Privacy Policy when Processing Personal Data on our behalf and attend training when requested to do so. This Privacy Policy sets out what Ontrak Recruitment expects from you in order for the Company to comply with applicable law. Your compliance with this Privacy Policy is mandatory.
Where you have a specific responsibility in connection with Processing such as capturing Consent, reporting a Personal Data Breach, conducting a DPIA as referenced in this Privacy Policy or otherwise then you must comply with the Related Policies.
We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. The Business Manager is responsible for overseeing this Privacy Policy.
Please contact the Business Manager with any questions about the operation of this Privacy Policy or if you have any concerns that this Privacy Policy is not being or has not been followed. In particular, you must always contact the Business Manager in the following circumstances:
Ontrak Recruitment adheres to the principles relating to Processing of Personal Data set out in Privacy legislation which require Personal Data to be:
We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
Ontrak Recruitment may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. Privacy legislation restricts our actions regarding Personal Data to specified lawful purposes.
Privacy legislation allows Processing for specific purposes, some of which are set out below:
You must identify and document the legal ground being relied on for each Processing activity.
The Company, where it is a Controller must only process Personal Data on the basis of one or more of the lawful bases set out in Privacy legislation, which include Consent.
A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient.
Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
Unless Ontrak Recruitment can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Special Categories of Personal Data and Criminal Convictions Data, for Automated Decision-Making and for cross border data transfers. Usually Ontrak Recruitment will be relying on another legal basis (and not require Explicit Consent) to Process most types of Special Categories of Personal Data and Criminal Convictions Data.
You will need to evidence Consent captured and keep records of all Consents in accordance with Related Policies and Ontrak Recruitment so that the Company can demonstrate compliance with Consent requirements.
Privacy legislation requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand.
Whenever Ontrak Recruitment collect Personal Data directly from Data Subjects, including for human resources or employment purposes, Ontrak Recruitment must provide the Data Subject with all the information required by the privacy legislation including the identity of the Controller and Business Manager, how and why Ontrak Recruitment will use, Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.
When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the Privacy legislation as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with privacy legislation and on a basis which contemplates Ontrak Recruitment ’s proposed Processing of that Personal Data.
Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
You may only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties, do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.
You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Company's Data Retention Policy.
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
You will ensure that the Personal Data Ontrak Recruitment uses and holds is accurate, complete, kept up to date and relevant to the purpose for which it is collected. You must check the accuracy of any Personal Data at the point of collection. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purpose or purposes for which Ontrak Recruitment originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.
The Company will maintain a Document Retention Policy to demonstrate when Personal Data ought to be deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time.
You will take all reasonable steps to destroy or erase from Ontrak Recruitment systems all Personal Data that it no longer requires in accordance with all the Company's applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable.
Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
Ontrak Recruitment will develop, implement and maintain safeguards appropriate to it’s size, scope and business, it’s available resources, the amount of Personal Data that it owns or maintains on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable).
You are also responsible for protecting the Personal Data Ontrak Recruitment holds. You must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise particular care in protecting Special Categories of Personal Criminal Convictions Data from loss and unauthorised access, use or disclosure.
You must follow all procedures and technologies Ontrak Recruitment puts in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.
You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
You must comply with and not attempt to circumvent the administrative, physical and technical safeguards Ontrak Recruitment implements and maintains in accordance with the privacy legislation and relevant Policies to protect Personal Data.
Privacy legislation requires Controllers to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject.
Ontrak Recruitment has put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where it is legally required to do so.
If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the Business Manager and preserve all evidence relating to the potential Personal Data Breach.
The Privacy legislation restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the privacy legislation is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.
You may only transfer Personal Data outside the EEA if one of the following conditions applies:
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
An individual’s identity must be verified if requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
You must immediately forward any Data Subject request you receive to the Business Manager.
The Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles. The Company must have adequate resources and controls in place to ensure and to document privacy legislation compliance including:
Privacy legislation requires Ontrak Recruitment to keep records of all it’s data Processing activities. These records should include, at a minimum, the name and contact details of the Controller and the Business Manager and it’s Processing activities.
Ontrak Recruitment is required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws.
Ontrak Recruitment is required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles. If a new process or technology is being introduced involving Personal Data a DPIA must include:
Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
If certain types of Special Categories of Personal Data or Criminal Convictions Data are being processed, then grounds (b) or (c) will not be allowed but such Special Categories of Personal Data and Criminal Convictions Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention or welfare of others.
If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject's rights and freedoms and legitimate interests.
A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.
Ontrak Recruitment is subject to certain rules and privacy laws when marketing to it’s customers.
For example, a Data Subject's prior consent is required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing customers known as "soft opt in" allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.
A Data Subject's objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
Ontrak Recruitment reserve the right to change this Privacy Policy at any time so please check back regularly to obtain the latest copy of this Privacy Policy.
This Privacy Policy does not override any applicable national data privacy laws and regulations in countries where the Company operates.
f you have any queries regarding your personal data or the Privacy Policy please do not hesitate to contact Kealy Smith, Business manager either by telephone 02082936188-- or email (kealy@ontrakrecruitment.co.uk)Ontrak Recruitment is committed to protecting the privacy and security of your personal information. This notice explains what personal data (information) we hold about you, how we collect it, and how we use and share information about you during your employment and/or assignment and after it ends. We are required to notify you of this information under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘Privacy Notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information about you. We may update this notice at any time.
Ontrak Recruitment (‘Company’) is a ‘data controller’ and gathers and uses certain information about you.
We will comply with the privacy principles when gathering and using personal information, as set out in our Privacy Policy this includes data being used in a lawful, fair and transparent way.
We may collect the following information during your employment:
We may collect this information from you during the application process, your personnel records, the Home Office, pension administrators, your doctors, from medical and occupational health professionals we engage and from our insurance benefit administrators, your trade union, other employees, consultants and other professionals we may engage, e.g. to advise us generally and/or in relation to any grievance, conduct appraisal or performance review procedure, automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, remote access systems, email and instant messaging systems, intranet and Internet facilities, telephones, voicemail, mobile phone records. We will collect additional personal information during the course of day-to-day job-related activities through-out the period of you working for Ontrak Recruitment.
We will typically collect and use this information for the following purposes (other purposes that may also apply are explained in our Privacy Policy):
We seek to ensure that our information collection and processing is always proportionate and only collected where necessary to do so. We will notify you of any material changes to the information we collect or to the purposes for which we collect and process it.
We may also need to share some of the above categories of personal information with other third parties, such as external contractors and our professional advisers. We have put in place measures to protect the security of your information. Details of these measures can be found in the Privacy Policy. Usually, information will be anonymised, but this may not always be possible. Where your information is shared with third parties we carry out due diligence to ensure that your information will be processed in a secure manner and treated in accordance with the law. We do not allow third party providers to use your data for their own purposes and will process your information only in accordance with Ontrak Recruitment instructions.
We have security measures in place to seek to ensure that there is appropriate security for information we hold including those measures detailed in our Privacy Policy. Where your data is transferred outside the EU we will carry out due diligence checks to ensure the data is stored securely and in accordance with the law.
We keep your information during and after your employment for no longer than is necessary for the purposes for which the personal information is processed and in line with the Document Retention Policy. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of your personal data, the potential risk of harm from unauthorised use of your data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.
It is important that the personal information we hold about you is accurate and current. You have a duty to inform HR if there are any changes to your personal information.
Moreover, in accordance with privacy legislation, you have many rights regarding your personal data which include:
Should you wish to invoke any of the above rights, please contact the Business Manager: Ms Kealy Smith who will provide you with further information. Please note a fee will not be required for any data information requests unless they are clearly unfounded or excessive. Ontrak Recruitment will require specific information from you to help us confirm your identity. You will appreciate that Ontrak Recruitment must ensure appropriate security measures are in place and that the person requesting the information has a right to it.
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
4.9 "Special categories" of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. You should be aware that it is not a condition of your agreement with us that you agree to any request for consent from us.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences in the following ways:
We can use your personal information in this way to carry out our obligations as an Employer.
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Business Manager, Kealy Smith. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Please take some time to read the Privacy Policy and Document Retention Policy in addition to this Privacy Notice. If you have any questions regarding this Privacy Notice or how we handle your personal information please contact Kealy Smith, Business Manager. You also have the right to contact the Information Commissioner’s Office (‘ICO’) (the UK supervisory authority) for further data protection information and advice.
Please note that Ontrak Recruitment reserves it’s right to amend this policy at any time. Please tick the box provided confirming you have read, understood and agree to adhere to this Privacy Notice and policy.