Welcome to the Empresaria Group privacy policy.
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this Privacy Policy
This privacy policy applies to Empresaria Group plc and each of its subsidiaries (“Group Companies”) both inside and outside the EU (which together are referred to as the “Empresaria Group”, “we”, “us” or “our” throughout this privacy policy).
The policy explains how we process your personal data, which is collected from you or from third parties, in accordance with applicable data protection laws, including (but not limited to) the General Data Protection Regulation (EU) 2016/679, which states that personal data we hold about you must be:
1. Used lawfully, fairly and in a transparent way;
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
3. Relevant to the purposes we have told you about and limited only to those purposes;
4. Accurate and kept up to date;
5. Kept only as long as necessary for the purpose notified to you;
6. Kept securely.
Group Companies located outside the EU will also comply with all other applicable data protection laws in the locations in which they operate.
It is important that you read this privacy policy, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
This privacy policy supplements the other notices and policies and is not intended to override them.
This website is not intended for children and we do not knowingly collect data relating to children.
Controller
Empresaria Group plc and each Group Company is a data controller.
This website is operated by the Group Company whose full details appear in the footer of this page.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below:
Data privacy manager: Alison Wilde
Email: dataprotection@empresaria.com
Address: Old Church House, Sandy Lane, Crawley Down, West Sussex RH10 4HS
Telephone: 01342 711430
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk), or your own country’s supervisory authority for data protection. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to this privacy policy
This version was last updated on 20/10/2020 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:
Personal contact details including name, email address, address and phone number
Gender
Date of birth
Marital status
Location
Emergency contact details
Device and browser data, such as IP address, information about your device and browser settings
Marketing and communications data
Employment and educational history data, such as CVs and job titles and qualifications
References
Right to work information
Proof of address documents
Test scores
Information relating to discipline or performance
Reasons for termination of employment
ID documents
Driving licence
Bank account details
Tax and social security data
Payroll records
Photographs
Intermediaries in which you have an interest
Work preferences
Salary details and preferences
Audio or video recordings
Special categories of personal data (sensitive data)
We may collect and process special categories of personal data, (also known as ‘sensitive data’), such as health data, only so far as it is necessary to ensure that we comply with our legal and contractual obligations, such as providing you with a safe place of work or complying with social security legislation.
We will only process sensitive data with your express consent, unless the processing of your sensitive personal data is necessary for other reasons permitted by law (for example, in order to comply with our obligations in the employment or social security field or to establish or defend a legal claim).
Please do not disclose any sensitive personal data about yourself to us unless we request it or it is essential to do so. Unsolicited personal data will be deleted.
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
Where we collect or process any other categories of personal data (including sensitive personal data) about you that is not listed above, we will send you a separate Privacy Notice regarding the processing of such data by us.
Criminal records data
We may collect and process data related to criminal allegations, proceedings, convictions, offences or related security measures only under the control of an official authority or when authorised by EU or EU Member State law.
If you fail to provide personal data
If you fail to provide us with personal data when requested, we may not be able to provide you with work-finding or recruitment or other related services.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We may collect data about you when you register with us, visit our website, or when we communicate by email, SMS, mobile app, social media, direct messaging, phone or in person. We may record phone calls or video calls for the purposes of security, compliance or training.
We use different methods to collect data about you from third parties, including jobs boards, social media platforms such as LinkedIn, analytics providers, advertising networks; providers of technical, payment and delivery services such as payroll providers or referencing companies, publicly available sources such as Companies House and the Electoral Register, referees, tax authorities or other governmental agencies.
These organisations may be based inside or outside the EU.
4. HOW AND WHY WE USE YOUR PERSONAL DATA
We will only use your personal data when we are permitted to do so by law. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform our obligations under the contract which we are about to enter into, or have entered into, with you.
Where we need to comply with a legal or regulatory obligation.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where you consent to our doing so.
Where (rarely) we need to protect vital interests.
In certain circumstances we are required to process certain categories of personal data in order to comply with our legal obligations under relevant tax, social security or other legislation. You are not under any obligation to provide us with your personal data, but if you do not we may be unable to meet our legal obligations and so may not be able to provide you with work-finding, recruitment or related services.
We also need to process certain categories of your personal data in order to enter into an agreement with you and to comply with our obligations under that agreement.
Where no contractual or legal obligation exists, we may still need to process your personal data in order to pursue our legitimate business interests. Our business involves providing work-finding and recruitment and related services and so we may need to process your personal data in order to pursue our legitimate interests in achieving this. We may also need to retain personal data in case we need to establish or defend a legal claim. We will balance our legitimate interests against your rights and freedoms and your legitimate interests and expectations.
We may rely on your consent in certain circumstances, for example to process your data for the purposes of sending you direct marketing by email or SMS (text message), to use cookies when you visit our website, or to process sensitive personal data.
In very limited circumstances we may also need to process your data in order to protect human life.
For more detailed information, please see our Group Companies’ own privacy policies, which are appear on their websites.
Marketing
We would like to use your contact details to contact you about news and information which we think may be of interest to you. However, we will not contact you with marketing material unless you consent to our doing so.
You may also receive marketing communications from us if you have previously requested information or services from us and you did not opt out of receiving marketing communications from us at the time.
You have the right to unsubscribe at any time, by clicking the link which appears in the footer of all marketing emails.
Job alerts
We may use your personal data to notify you about suitable job opportunities if you have asked us to do so.
You have the right to unsubscribe to automated job alerts at any time, by clicking on the link which appears in the email footers of marketing.
Third party marketing
We will only share your personal data with third parties for marketing purposes if we have first obtained your express opt-in consent.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Cookies
Our website use cookies to distinguish you from other users of our website(s).
This helps us to provide you with a good experience when you browse our websites and also allows us to improve our service to you. By continuing to browse our websites, you agree to our use of cookies. A cookie is a small text file that is stored by your browser on your device or the hard drive of your computer, if you agree. Cookies contain information that is transferred to your computer's hard drive or device.
Our website(s) may use the following cookies:
Essential cookies: these are cookies that are required for the operation of our websites. They include, for example, cookies that enable you to log into secure areas of our website(s);
Analytical/performance cookies: they allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily;
Functionality cookies: these are used to recognise you when you return to our website(s). This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of region); and
Targeting cookies: these cookies record your visit to our website(s), the pages you have visited and the links you have followed. We will use this information to make our sites and any advertising displayed on it more relevant to your interests.
Links to social media sites: these cookies allow you to visit social media sites such as LinkedIn direct from our website(s)
The cookies which we may use are listed below:
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You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
We may have to share your personal data with the parties set out below for the purposes set out in section 4 above.
Your personal information will be processed by our staff and our subcontractors (including IT, software and platform providers) and will be provided to appropriate third parties such as potential hirers and intermediaries in order to provide you with work-finding services. Please let us know if you do not want your personal information to be disclosed to a particular third party or category of third parties.
We may also share your personal details with your previous or current employers or other third parties identified by you to us as potential referees.
We may be required by law to share certain categories of your personal data with tax authorities and other government agencies.
We may use a third party organisation to check references, employment history and qualifications. We will need to provide them with certain categories of your personal data and they will be under an obligation to process it as instructed by us and in accordance with relevant data protection legislation. We may also need to provide certain categories of personal data to your pension provider, if appropriate.
We may also need to share your data with our professional advisers, such as lawyers and accountants.
We may also share your personal data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We may also share your details with other companies within the Empresaria Group.
We will not share your personal data with any other organisation unless it is necessary and in connection with providing our work-finding, recruitment and related services.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Your personal data will be stored and processed both inside and outside the European Economic Area (EEA) on either local or cloud-based servers and will be subject to technical and organisation safeguarding protection measures. The EEA comprises the European Union (EU) member states plus Norway, Iceland and Liechtenstein.
Some categories of data may be transferred to organisations outside the EEA. If it is necessary to transfer your data from a country within the EEA to a country outside the EEA to assist us in providing work-finding, recruitment and related services, we will take all reasonable steps to ensure that your data is subject to the same protection as that provided by the EU and that it is subject to technical and organisational safeguarding protection measures, as follows:
We will only transfer your personal data to organisations located in countries outside the EEA, if the organisation:
is based in a country which has been deemed to provide an adequate level of protection for personal data by the European Commission, or
has entered into an agreement with us which contains specific contract clauses approved by the European Commission which give personal data the same protection that it has in Europe; or
where you have provided your express consent to such a transfer.
For further details, please see the following:
European Commission: Adequacy of the protection of personal data in non-EU countries
European Commission: Model contracts for the transfer of personal data to third countries
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties on a ‘need to know’ basis. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We will only transfer personal data to a third party if they agree to comply with those procedures and policies andput in place adequate measures prior to receiving it in order to maintain the confidentiality, integrity and availability (for authorised purposes) of the personal data.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are required by law to do so.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
By law we have to keep certain information about candidates for between 1 and 7 years. Where we have entered into a contract with you, we may also need to retain data for up to 7 years in order to ensure that we can meet our contractual obligations to you.
As a general rule, if you have been placed by one of our Group Companies, we will not retain data of your data for more than 7 years from the date of last placement.
Otherwise, we will not keep your data for more than 2 years from the date of registration or the date when we last had meaningful contact with you (whichever is later).
9.YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
request access to personal data we hold about you;
object to the processing of your personal data;
ask to have inaccurate data held about you removed or restricted;
ask to have inaccurate data held about you or corrected;
if processing of your personal data is based only on consent, to withdraw that consent;
request that your personal data is shared with a third party in a commonly used, machine readable format.
If you wish to exercise any of the rights set out above, please contact us at dataprotection@empresaria.com
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a fee if requests are repeated or obviously excessive.
23 October 2020