Privacy Notice

The Company is an Employment Agency which provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.

You may give your personal details to the Company directly, such as on an application or registration form or via our website, or we may collect them from another source such as jobs board. The Company must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you we will only use your personal data in accordance with the terms of the following statement.

1. Collection and use of personal data

a. Purpose of processing and legal basis

The Company will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work-finding services. The legal bases we rely upon to offer these services to you are:

• Consent where sensitive information is processed
• Legitimate interest where no sensitive information is processed

b. Legitimate interest

Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

• You have registered with The Company for the purposes of seeking employment with one of our clients. We must process your data that includes basic contact information and your CV showing your work history in order to carry out this service for you.

c. Recipient/s of data

The Company will process your personal data and/or sensitive personal data with the following recipients:
• Clients that approach the Company looking to source staff
• Care Check Ltd (criminal checking agency) to carry out criminal record background checks where applicable or appropriate

d. Statutory/contractual requirement

Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:

• The agency will not be able to proceed with providing you with work finding services

2. Overseas Transfers
The Company may transfer only the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. We will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

3. Data retention

The Company will retain your personal data only for as long as is necessary. Different laws require us to keep different data for different periods of time.

The Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.

Where the Company has obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention policy which is 1 year from the date we first started processing your data or from the last time we provided you with work finding services for sensitive data and 2 years for non-sensitive personal data. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your sensitive and personal data.

4. Your rights
Please be aware that you have the following data protection rights:

• The right to be informed about the personal data the Company processes on you;
• The right of access to the personal data the Company processes on you;
• The right to rectification of your personal data;
• The right to erasure of your personal data in certain circumstances;
• The right to restrict processing of your personal data;
• The right to data portability in certain circumstances;
• The right to object to the processing of your personal data that was based on a public or legitimate interest;
• The right not to be subjected to automated decision making and profiling; and
• The right to withdraw consent at any time.

Where you have consented to the Company processing your [personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting Alex Facta either by calling 0207 938 2200 or emailing on info@marshallharber.com or by contacting any representative of the Company on the same details.

5. Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Alex Facta by writing to info@marshallharber.com.
You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/, or any other relevant supervisory authority should your personal data be processed outside of the UK, if you believe that your data protection rights have not been adhered to.