DEFINITIONS

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.

INTRODUCTION

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.

SCOPE

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:

  1. if you are unsure of the lawful basis which you are relying on to process Personal Data (including the legitimate interests used by the Company);
  2. if you need to rely on Consent and/or need to capture Explicit Consent;
  3. if you need to draft Privacy Notices;
  4. if you are unsure about the retention period for the Personal Data being Processed;
  5. if you are unsure about what security or other measures you need to implement to protect Personal Data;
  6. if there has been a Personal Data Breach;
  7. if you are unsure on what basis to transfer Personal Data outside the EEA;
  8. if you need any assistance dealing with any rights invoked by a Data Subject;
  9. whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA or plan to use Personal Data for purposes others than what it was collected for;
  10. If you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making;
  11. If you need help complying with applicable law when carrying out direct marketing activities; or
  12. if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our vendors).

DATA PROTECTION PRINCIPLES

Ontrak Recruitment adheres to the principles relating to Processing of Personal Data set out in Privacy legislation which require Personal Data to be:

  1. Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
  2. Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
  3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
  4. Accurate and where necessary kept up to date (Accuracy).
  5. Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
  6. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
  7. Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
  8. Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject's Rights and Requests).

We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

LAWFULNESS AND FAIRNESS

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:

  1. the Data Subject has given his or her Consent;
  2. the Processing is necessary for the performance of an agreement with the Data Subject;
  3. to meet our legal compliance obligations;
  4. to protect the Data Subject's vital interests;
  5. to pursue Ontrak Recruitment ’s legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects.

You must identify and document the legal ground being relied on for each Processing activity.

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.

PURPOSE

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.

DATA MINIMISATION

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.

ACCURACY

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.

STORAGE LIMITAION

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.

SECURITY AND CONFIDENTIALITY
Protecting Personal Data

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:

  1. Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
  2. Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
  3. Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.

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.

REPORTING A PERSONAL DATA BREACH

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.

DATA TRANSFER

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:

  1. the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects' rights and freedoms;
  2. appropriate safeguards are in place such as Policy contractual clauses approved by the European Commission;
  3. the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
  4. the transfer is necessary for one of the other reasons set out in privacy legislation including the performance of an agreement between Ontrak Recruitment and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.
DATA SUBJECT RIGHTS

Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:

  1. withdraw Consent to Processing at any time;
  2. receive certain information about the Data Controller's Processing activities;
  3. request access to their Personal Data;
  4. prevent Ontrak Recruitment using their Personal Data for direct marketing purposes;
  5. ask Ontrak Recruitment to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
  6. challenge Processing which has been justified on the basis of Ontrak Recruitment ’s legitimate interests or in the public interest;
  7. request a copy of an agreement under which Personal Data is transferred outside of the EEA;
  8. object to decisions based solely on Automated Processing, including profiling (ADM);
  9. prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
  10. be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
  11. make a complaint to the supervisory authority; and
  12. in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine readable format.

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.

ACCOUNTABILITY

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:

  1. a contact person for dealing with all privacy issues (the Business Manager);
  2. implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
  3. integrating data protection into internal documents including this Privacy Policy, and Related Policies;
  4. testing the privacy measures implemented and conducting periodic reviews.
RECORD KEEPING

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.

TRAINING AND AUDIT

Ontrak Recruitment is required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws.

PRIVACY BY DESIGN AND DATA PROTECTION IMPACT ASSESSMENT (DPIA)

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:

  1. a description of the Processing, its purposes and the Data Controller's legitimate interests if appropriate;
  2. an assessment of the necessity and proportionality of the Processing in relation to its purpose;
  3. an assessment of the risk to individuals; and
  4. the risk mitigation measures in place and demonstration of compliance.
AUTOMATED PROCESSES AND DECISION MAKING

Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:

  1. a Data Subject has Explicitly Consented;
  2. the Processing is authorised by law; or
  3. the Processing is necessary for the performance of or entering into an agreement.

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.

DIRECT MARKETING

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.

SHARING PERSONAL DATA

Generally Ontrak Recruitment is not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.

You may only share the Personal Data we hold with third parties, such as our service providers if:

  1. they have a need to know the information for the purposes of providing the contracted services;
  2. sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject's Consent has been obtained;
  3. the third party has agreed to comply with the required policies and procedures and put adequate security measures in place;
  4. the transfer complies with any applicable cross border transfer restrictions; and
  5. a fully executed written contract that contains PRIVACY LEGISLATION approved third party clauses has been obtained.
AMENDMENTS TO POLICY

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)
PRIVACY NOTES
  1. Introduction

    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.

  2. Who collects the information

    Ontrak Recruitment (‘Company’) is a ‘data controller’ and gathers and uses certain information about you.

  3. Privacy principles

    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.

  4. About the information we collect and hold
    1. Types of information

      We may collect the following information during your employment:

      • Your name contact details (i.e. address, home and mobile phone numbers, email address) and emergency contacts (i.e. name, relationship and home and mobile phone numbers);
      • Information collected during the recruitment process that we retain during your employment;
      • Agency Worker Agreement;
      • Details of salary and benefits, bank/building society, National Insurance and tax information, your age;
      • Your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information;
      • A copy of your driving licence;
      • Details of your pension arrangements, and all information included in these and necessary to implement and administer them;
      • Information in your sickness and absence records (including sensitive personal information regarding your physical and/or mental health);
      • Your racial or ethnic origin, sex;
      • Your usage of alcohol & drugs including any medical test results you are required to complete;
      • Information on grievances raised by or involving you;
      • Information on conduct (including any relevant data contained in public social media) and/or other grievance and/or disciplinary issues involving you;
      • Photographs;
      • Details of your appraisals and performance reviews;
      • Details of your performance management/improvement plans (if any);
      • Details of your time and attendance records;
      • Information regarding your work output;
      • Information in applications you make for other positions within our organisation;
      • Information about your use of our IT, communication and other systems, and other monitoring information including CCTV;
      • Details of your use of business-related social media, such as LinkedIn;
      • Details in references about you that we give to others.
    2. How we collect the information

      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.

    3. Why we collect the information and how we use it

      We will typically collect and use this information for the following purposes (other purposes that may also apply are explained in our Privacy Policy):

      1. for the performance of our Agreement with you, or to take steps to enter into a contract (e.g. processing your information with a payroll provider to ensure you receive your remuneration; checking you are legally entitled to work in the UK, gathering evidence for possible grievance or disciplinary hearing; making salary reviews & compensation evaluations; monitoring your use of IS to ensure compliance with our IS policy etc)
      2. for compliance with a legal obligation (e.g. our obligations to you as your employer under employment protection and health safety legislation, and under statutory codes of practice, such as those issued by ACAS, gender pay gap reporting etc); and
      3. for the purposes of our legitimate interests or those of a third party (such as a benefits provider e.g. pension provider, performance review software provider etc), but only if these are not overridden by your interests, rights or freedoms. Some of the above grounds for processing may overlap and there maybe several grounds which justify our use of your personal information.
      4. We may also use your personal information in the following situations which are likely to be rare;
      5. where we need to protect your interests (or someone else’s interests)
      6. where it is needed in the public interest (or for official purposes)

      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.

    4. Thrid parties and data security

      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.

    5. Territory

      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.

    6. Duration

      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.

    7. Your rights to your information

      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:

      1. 'Data Subject Access Request' – you may request access to your personal information and to check it is being lawfully processed. Further information regarding the process for this can be found in the Privacy Policy.
      2. Request correction of the personal information that we hold for you.
      3. Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it.
      4. Object to processing – where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground.
      5. Request the restriction of processing of your information e.g. whilst we check its accuracy.
      6. Request the transfer of your personal information to another party.

      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.

    8. Keeping your personal information secure

      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.

    9. Sensitive data

      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:

      1. By signing this Privacy Notice or confirming you have read, understood and agree to comply with this Privacy Notice via email; you agree to share your medical data with Ontrak Recruitment and any third-party client for whom you may work for.
      2. Where we need to carry out our legal obligations or exercise rights in relation to your employment with us and in line with our Privacy Policy.
      3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with our Privacy Policy.

      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.

      1. We will use your particularly sensitive personal information in the following ways:
        • We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
        • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
        • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
      2. Consent

        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.

  5. Criminal convictions

    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:

    • To consider if the conviction puts other members of staff and the public at risk;

    We can use your personal information in this way to carry out our obligations as an Employer.

    1. Right to withdraw consent

      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.

    2. Further questions

      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.