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Privacy Policy 

Cactus Recruit’s Privacy Policy

 

COMPLIANCE WITH GDPR

Our systems and processes are fully compliant with the General Data Protection Regulation (GDPR) which came into force on 25 May 2018.

Cactus Recruit operates as both an Employment Business and an Employment Agency and as such needs to hold information on:

Work-seeking candidates,

Client organisations and their employees who use our recruitment services

Our recruitment partner organisations

Suppliers in the form of Limited Companies and their employed worker(s)

Other suppliers such as technology providers, job-boards and other advertising media

 

GDPR brings new responsibilities for how we process and manage personal data of individuals.

 

CLIENT PRIVACY NOTICE

 

Data Controller If we are holding your data for marketing contact purposes only then we are the Data Controller. Once you engage with us we will deem this engagement to be on behalf of your employer and they will be the Data Controller.

 

If you are not employed by an active client then we rely on your consent to process your data and our purpose is to be able to contact you with information on services, initiatives, events or news from which your employer may benefit.

 

Categories of Personal Data In order that we can identify and contact you, we need to hold data which is categorised as personal data under the General Data Protection Regulation. We do not ask for or need data which is considered under the General Data Protection Regulation as sensitive in order to identify or contact you, although we may ask for Health Data where this is relevant to your attendance at one of our offices or events and where this information may be used to help us identify any adjustments we may need to make in order to facilitate this. Apart from data relating to Health, Sensitive Data includes data such as

 

  • Racial or ethnic origin,

  • Political opinions,

  • Religious beliefs or other beliefs of a similar nature,

  • Whether you are a member of a trade union (within the meaning of the Trade Union and   Labour Relations (Consolidation) Act 1992),

  • Sexual life or orientation,

  • The commission or alleged commission of any offence, or

  • Any proceedings for any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings.

 

Should you choose to include data in the above list in your correspondence with us this will be retained on a copy of that correspondence but not recorded elsewhere on our systems and not used by us in any way. Recipients Your information will only be shared outside Cactus Recruit Ltd with your permission or that of your employer and only for the purposes of identifying and facilitating communication with

 

  • Our candidates or workers,

  • Organisers meetings, seminars or corporate events for which you have accepted an invitation.

 

Requests to Stop Processing Our processing of your personal data is based mainly on our legitimate interests and performance of our legal obligations.

 

You may request us to stop processing your data or transfer your data to a third party but:

 

  • In the cases set out in the Purpose and Justification section above and in other permitted cases we may not be able or obliged to comply with such a request.

  • Such a request may not be granted where we have a legal right to restrict your employer from contracting with a third party.

 

Should you wish us to stop processing your data a request can be sent to Hello@CactusRecruit.co.uk

 

Complaints Should you have a complaint about anything related to any of our information processing we would very much like to hear directly from you; however, you also have the right to complain directly to the Information Commissioner’s Office. Cactus Recruit Ltd Complaints should be emailed to at hello@Cactusrecruit.co.uk or sent in writing to the address given under the Data Controller section of this document.

 

Candidate Privacy Notice

 

Data Controller for the purposes of the processing activities covered in this Notice the Data Controller is Cactus Recruit Ltd. Cactus Recruit are responsible for data protection, monitoring compliance processes and procedures. We can be contacted by email at hello@cactusrecruit.co.uk

 

REGISTRATION – PROCESSING ON THE BASIS OF OUR LEGITIMATE INTERESTS AND TO TAKE STEPS FOR THE FORMATION OF A CONTRACT

 

Your information is being processed for the purposes of providing recruitment services to both you and our clients. The information we keep includes your CV (where you have provided this) and answers to on-line questionnaires. This information enables us to assess your work related capabilities, experience and location and determine if you would be a suitable candidate for our clients’ requirements. Where a potential match is determined the contact information we hold also allows us to get in touch with you to discuss this. We will not use your data for the purposes of automated decision making, including profiling, without first informing you of this. During the registration stage, we are processing your data on the basis of our legitimate interests and in order to take steps to enter into a contract under which you will provide services to our client.

 

PLACEMENT – PROCESSING ON THE BASIS OF OUR LEGITIMATE INTERESTS AND TO TAKE STEPS FOR THE FORMATION OF A CONTRACT

 

The process of placing you as a candidate begins with your granting us the Right to Represent you and to communicate your personal information to the client(s) you agree for the purpose of seeking interviews on your behalf.

 

At this stage, which may include vetting, we may ask you to disclose further information as requested by client(s). During the placement stage we continue to process your personal information on the basis of our legitimate interests and in order to take steps to enter into a contract to provide your services to our client.

 

ENGAGEMENT – PROCESSING ON THE BASIS OF OUR LEGITIMATE INTERESTS AND TO TAKE STEPS FOR THE FORMATION OF A CONTRACT

 

Once a Client seeks to engage you to provide services we will contact you and/or your Personal Services Company to confirm your agreement to a contract for those services with us.

 

Upon such agreement we will also sign a contract with the Client (or a third party acting for the Client) for the provision of your services. In order to comply with our contract with the Client, and with statutory requirements on us as an Employment Intermediary, we may ask you for additional information. At the stage of engagement and thereafter we will be processing your personal information on the basis of one or more of the following:

 

  • Our legitimate interests in performing our contracts with your Personal Services Company or Umbrella (such as, for example, making payment to you and administering renewals),  

  • For the purposes of performing a contract for the provision of your services to our client;

  • For the purposes of performing a contract for the provision of your services with your chosen Personal Services Company or Umbrella;

  • For compliance with legal obligations on us (such as, for example, making statutory Returns to HMRC). We may also process your personal data where allowed by law, For example, to protect your vital interests.

 

ENGAGEMENT – PROCESSING BY OR ON BEHALF OF THE CLIENT

 

During your engagement with a Client the Client is the Data Controller for all purposes connected with the Assignment set out in the Assignment Schedule, which forms part of the contract for your services between ourselves and your Personal Service Company / Umbrella. For these purposes, we will process your personal data under the Client’s instructions. All enquiries relating to processing of personal data by the Client should be directed to the Client at the address set out in the Assignment Schedule.

 

FOLLOWING AN ENGAGEMENT

 

After your engagement is ended we may require to continue to hold and process your personal data for the following purposes:

 

· To comply with legal obligations on us

· To enable resolution of any outstanding disputes;  

· Under our legitimate interest in continuing to hold your data for the purpose of finding you further engagements and we may periodically ask you to update your personal data where this is the case. Categories of Personal Data

 

REGISTRATION

 

In order make the assessments referred to under Registration above, and to contact you, we need to hold and process personal data as defined under the General Data Protection Regulation. This data may include:

 

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.

  • Date of birth.

  • Current work location(s) Special Category Data We do not ask for or need data which is considered under the General Data Protection Act as Special Category Data to match you against client requirements.

 

This category includes data such as:

  • Your racial or ethnic origin,

  • Your political opinions,

  • Your religious beliefs or other beliefs of a similar nature,

  • Whether you are a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992)

  • Your physical or mental health or condition,

  • Your sexual life,

  • The commission or alleged commission by you of any offence, or

  • Any proceedings for any offence committed or alleged to have been committed by you, the disposal of such proceedings or the sentence of any court in such proceedings. Should you choose to provide any of the above Special Category Data (eg on your CV) this will be retained on your original correspondence, but it will not be recorded elsewhere on our systems and will not be used as the basis for any assessment of your suitability. It may however be used at later stages, as described below.

 

DIVERSITY

 

Please note that any diversity surveys we undertake are not mandatory and the answers given will not form part of your record, but stored in a completely anonymised manner through which you cannot be identified. This anonymisation means it falls outside of the GDPR as it cannot be related back to you. 2

 

PLACEMENT

 

If submitted for a role or placed subject to contract there may be a requirement to provide further personal data, without which your application or placement will not be able to proceed. This may include, but is not limited to

 

  • Information contained in documents produced as evidence of your right to work in the UK, · Proof of identity,

  • Proof of address,

  • National Insurance Number,

  • The report certificate from any financial or criminal checks required by the client

  • Your relationship with your Personal Service Company or other intermediary through which you provide your services, and with other persons involved in it. When we submit your personal data to Clients, their use of it will also be subject to their own Privacy Notices and you should refer to these for details.

 

ENGAGEMENT

 

To proceed with an engagement, we will provide to a Client who wishes to engage your services all personal data we hold about you which we feel is relevant to the engagement, except that we will not provide Special Category Data unless either you specifically consent, the Client demonstrates a legitimate interest in processing such information, or such processing is for another lawful purpose. We will, but only if you specifically request it, provide to a Client all or such part as you agree of any information we hold related to health or disability in order to request the Client to make reasonable adjustments to assist you in performing your duties. A Client may request you to provide additional information for its purposes, and we may process such data on its behalf and under its authority. We may request additional information from you in order to perform our contract with your Personal Service Company or chosen Umbrella. Recipients

 

PLACEMENT

 

During the Placement and Engagement process your data will also be processed by the Client under their own Privacy Notice. During the Placement process we may also be required to share your personal data with third parties, including but not limited to;

 

  • Your referees

  • Vetting and similar agencies Hosted solutions used in our workflows may include;

  • PeopleFluent

  • FieldGlass

 

ENGAGEMENT

 

During an engagement we may pass information supplied by you to

 

  • The Client

  • Your personal service company or umbrella

  • HMRC where required by law

  • A PAYE payrolling sub-contractor.

  • Third parties to whom the client requires us to supply information, such as a primary recruitment company appointed by our Client to oversee all candidate submissions. Retention We will retain your information until

  • You inform us that you are no longer seeking work through us,

  • You instruct us to stop processing,

  • Two years have elapsed since our last contact with you. Should you be referred to a client but not placed, we may retain your information for not less than 9 months after our final correspondence relating to your application, based on a legitimate interest relating to The Equality Act 2010

 

If you would like to submit a subject access request, please get in touch at Hello@cactusrecruit.co.uk