It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a new regulation which replaces the Data Protection Regulation (Directive 95/46/EC). The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.
Your new rights under the GDPR are set out in this notice and apply once the GDPR becomes law on 25th May 2018.
Who we are and what we do:
Fenwick Consulting Ltd is an employment agency as defined in the Employment Agencies and Employment Businesses Regulations 2003 and is the data controller for any personal information you supply to us in relation to enquiries about our services and when registering as a client or candidate.
What data do we collect?
Candidate data: To provide the best possible employment opportunities that are tailored to you, we need to process certain information about you. We only ask for details that will genuinely help us to help you, such as your name, age, contact details, education details, employment history, emergency contacts, immigration status and financial information (where we need to carry out financial background checks). Where appropriate and in accordance with legal compliance and requirements, we may also collect information related to your health, diversity information or details of any criminal convictions.
Client data: If you are a Fenwick Consulting Ltd client, we need to collect and use information about you, or individuals at your organisation, while providing you services such as finding Candidates who are the right fit for you or your organisation or notifying you of content published by Fenwick Consulting Ltd which is likely to be relevant and useful to you.
Supplier Data: We need a small amount of information from our Suppliers to ensure that things run smoothly. We need contact details of relevant individuals at your organisation so that we can communicate with you. We also need other information such as your bank details so that we can pay for the services you provide (if this is part of the contractual arrangements between us).
Website users: We collect a limited amount of data from our Website Users which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes information such as how you use our website, the frequency with which you access our website, and the times that our website is most popular.
How do we collect your personal data?
Candidate and Client data:
There are two main ways in which we collect your personal data:
1. Directly from you; and
2. From third parties such as corporate websites, job board websites, online CV libraries, LinkedIn, your business card, personal recommendations, and relevant social media sites. In this case we will inform you about what personal data we hold about you, the source the personal data originates from and whether it came from publicly accessible sources, and for what purpose we intend to retain and process your personal data.
Supplier data: We collect your personal data during the course of our work with you.
Other individuals: We collect your contact details only where a Candidate or a member of our Staff puts you down as their emergency contact or where a Candidate gives your details to us so can provide them with a reference.
Website users: We collect your data automatically via cookies when you visit our website, in line with cookie settings in your browser. We will also collect data from you when you contact us via the website, during the registration process for example.
What we use your information for
To contact you via email, SMS or phone, about vacancies that we believe you may be interested in.
Maintain our business relationship, where you are a user of our website as a client or candidate.
To assess data about you against vacancies which we believe may be suitable for you.
To send your information to clients for potential jobs or to assess suitability for the role. We will obtain verbal consent before presenting your details to a client.
Where you have consented, we will directly market products and services, and advise you of any updates to our services. Where we do so you will be able to unsubscribe at any time from receiving any further communications from us.
We may periodically send promotional emails about new services, specials or other information (which we think you may find interesting) using the email address which you have provided).
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.
To fulfil contractual obligations with our clients.
To send to third parties where we have retained them to provide services that we, you or our client have requested including references, qualifications and criminal references checking services (as required), verification of the details you have provided from third party sources, psychometric evaluations or skills test. These third parties comply with similar undertakings of privacy and confidentiality as Fenwick Consulting Ltd.
To trusted third parties who perform functions on our behalf and who also provide services to us, such as professional advisors and IT consultants carrying out testing and development work on our business technology systems. These third parties comply with similar undertakings of privacy and confidentiality as Fenwick Consulting Ltd.
The personal and sensitive personal information you provide us may be sent to clients and third parties located outside the European Economic Area (EEA). When we transfer your personal information outside the EEA we will take reasonable steps with the aim of ensuring that your privacy rights continue to be protected.
We may also release your personal information to regulatory or law enforcement agencies, if they require us to do so by law.
Purposes of the processing
The core service we offer to our candidates and clients is the introduction of candidates to our clients for permanent engagement or the undertaking of an interim assignment. However, our service expands to supporting individuals throughout their career and to supporting businesses’ resourcing needs and strategies.
To provide you with information about other goods and services similar to those that you have already purchased, been provided with or enquired about.
The legal basis for the processing
Our legitimate interests in collecting and retaining your personal data are described below:
As a recruitment agency we introduce candidates to clients for permanent employment, interim assignments or independent professional contracts. The exchange of personal data of our candidates and our client contacts is a fundamental, essential part of this process.
To support our candidates’ career aspirations and our clients’ resourcing needs we require a database of candidate and client personal data containing historical information as well as current resourcing requirements.
To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.
To deliver our services we need to contact candidates on a regular basis, through various routes such as email, phone, job alerts and other relevant notifications
We need your consent for some aspects of these activities which are not covered by our legitimate interests and, depending on the situation, we'll ask for this via an opt-in or soft-opt-in.
Soft opt-in consent is a specific type of consent which applies where you have previously engaged with us (for example by submitting a job application or CV, or registering a vacancy to be filled), and we are marketing other recruitment-related services. Under ‘soft opt-in’ consent, we will take your consent as given unless or until you opt out. For most people, this is beneficial as it allows us to suggest other jobs to you alongside the specific one you applied for, significantly increasing the likelihood of us finding you a new position. For other types of e-marketing, we are required to obtain your explicit consent. You have the right to withdraw your consent at any time
Retention of your data
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so. Accordingly, we have a data retention notice and run data routines to remove data that we no longer have a legitimate business interest in maintaining.
We do the following to try to ensure our data is accurate:
Prior to making an introduction we check that we have accurate information about you
We keep in touch with you, so you can let us know of changes to your personal data
We segregate our data so that we keep different types of data for different time periods. The criteria we use to determine whether we should retain your personal data includes:
The nature of the personal data;
Its perceived accuracy;
Our legal obligations;
Whether an interview or placement has been arranged; and
Our recruitment expertise and knowledge of the industry by sector and job role.
We may archive part or all of your personal data or retain it on our financial systems only, deleting all or part of it from our main Customer Relationship Manager (CRM) system. We may pseudonymise parts of your data, particularly following a request for suppression or deletion of your data, to ensure that we do not re-enter your personal data on to our database, unless requested to do so.
For your information, Pseudonymised Data is created by taking identifying fields within a database and replacing them with artificial identifiers, or pseudonyms.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes and we will collect express consent from you if legally required prior to using your personal data for marketing purposes.
You can exercise your right to accept or prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us directly at our registered office– Fenwick Consulting Ltd, 5 Nungate Gardens Haddington, EH41 4EE.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The GDPR provides you with the following rights.
Access to information
The Data Protection Act 1998 and the GDPR give you the right to access information held about you. We also encourage you to contact us to ensure your data is accurate and complete.
Your right of access can be exercised in accordance with the GDPR
A subject access request should be submitted to firstname.lastname@example.org
Changes to our privacy notice
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice.
Questions, comments and requests regarding this privacy notice should be addressed to Jean Fenwick, Director, Fenwick Consulting Ltd, 5 Nungate Gardens, Haddington, EH41 4EE.
|Fenwick Consulting Ltd
93 George Street
Edinburgh, EH2 3ES
|Phone: 0800 228 9596
Fax: 0131 464 4876