This document is to detail and layout how Ash Tree Contracting Ltd protect the privacy and security of their client’s personal information.
This Privacy Notice applies to all employees and clients and outlines how we collect and use personal information about you during and after your working relationship with us, in accordance with the UK General Data Protection Regulation.
1. WHAT DOES THIS MEAN?
(a) Ash Tree Contracting is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
(b) This notice applies to current and former employees, workers and freelance contractors. It will also apply to interns and volunteers, to the extent that data of the types described in this notice is actually processed by Ash Tree Contracting in relation to such individuals.
(c) This notice does not form part of any contract of employment or other contract between us. We may update this notice at any time, but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practicable.
(d) It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
2. DATA PROTECTION PRINCIPLES
We will comply with data protection law. This says that the personal information we hold about you must be:
(a) Used lawfully, fairly and in a transparent way.
(b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
(c) Relevant to the purposes we have told you about and limited only to those purposes.
(d) Accurate and kept up to date.
(e) Kept only as long as necessary for the purposes we have told you about.
(f) Kept securely.
3. PERSONAL INFORMATION WE HOLD
Personal data or personal information, means any information about an individual from which that person can be identified. We typically hold the following types of data:
- Full Name
- Contact Information (telephone number, email address, postal address)
- Employment Information (current status, address, industry, contract value)
- Banking Details (bank name, account details)
- Proof of Identity (proof of address, copy of passport, National Insurance number)
4. HOW WE COLLECT PERSONAL INFORMATION
We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency/business or umbrella company, from online sources (such as LinkedIn), from CV databases, or from a background check provider.
We also collect personal information from third parties including data provider, SEO activity, engagers, referees, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies or other background check agencies.
5. HOW WE USE INFORMATION ABOUT YOU
(a) We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
(a) Where we need to perform the contract we have entered into with you, or to take steps to enter a contract with you or under which you will perform services.
(b) Where we need to comply with a legal obligation.
(c) 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.
(d) Where we are legally permitted to do so, and we have your informed or (in certain circumstances) explicit consent.
(b) We may also use your personal information in the following situations, which are likely to be rare:
(a) Where we need to protect your interests (or someone else’s interests).
(b) Where it is needed in the public interest or for official purposes.
6. HOW WE USE SENSITIVE PERSONAL INFORMATION
(a) ”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:
(a) In limited circumstances, with your explicit written consent.
(b) Where we need to carry out our legal obligations and in line with our data protection policy.
(c) 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 data protection policy.
(d) Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
(b) 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 employees, workers and contactors or former employees, workers and contactors in the course of legitimate business activities with the appropriate safeguards.
7. INFORMATION ABOUT CRIMINAL CONVICTIONS
(a) We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
(b) We may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary 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.
(c) We may also process such information about employees, workers and contactors or former employees, workers and contactors in the course of legitimate business activities with the appropriate safeguards.
8. AUTOMATED DECISION-MAKING
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
(a) Where we have notified you of the decision and given you 21 days to request a reconsideration.
(b) Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
(c) In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
(d) If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
9. DATA SHARING
(a) We may have to share your data with third parties, including third-party service providers and other entities in the group.
(b) We require third parties to respect the security of your data and to treat it in accordance with the law.
(c) We may transfer your personal information outside the EU.
(d) If we do, you can expect a similar degree of protection in respect of your personal information.
(e) We may share your personal information with third parties
- where required by law,
- to seek, place you in, or manage your assignments,
- where it is necessary to administer the working relationship with you,
- to demonstrate our own compliance with legal obligations, to third parties who themselves have legitimate interests in satisfying themselves as to our compliance,
- to manage and maintain any applicable insurance policies,
- where we have your informed consent. or
- where we have another legitimate interest in doing so.
Other Third Parties - Professional Passport:
Whilst you remain employed by us, your National Insurance Number will be held in a database operated by Professional Passport Limited, as our data processor.
(a) Agencies and others authorised by Professional Passport who know your NI number may search that database, in order to confirm the fact of your employment by us. This provides an additional means by which we can demonstrate to those we contract with that we comply with our own legal obligations, on an ongoing basis.
(b) We are obliged to participate in and contribute to this database, as a condition of our Professional Passport Approved Provider status. Professional Passport Approved Provider status demonstrates our compliance with legal obligations and the Professional Passport standards, with the result that a greater number of agencies and others are willing to deal with us, and so we are able to further and develop our business. Maintaining our Professional Passport Approved Provider status is therefore a legitimate interest of ours.
10. DATA SECURITY
(a) We have put in place measures to protect the security of your information. Details of these measures are available upon request.
(b) Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
11. DATA RETENTION
How long will you use my information for?
(a) We will only retain your personal information 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.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal 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. Where we may be considered to be an employment business, we are required by law to retain candidates’ personal data for at least one year after we last provided services to them.
(b) In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and in due course securely destroy your personal information.
12. RIGHTS OF ACCESS, CORRECTION, ERASURE AND RESTRICTION
Your duty to inform us of changes
(a) It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
(b) Under certain circumstances, by law you have the right to:
(a) Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
(b) Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
(c) Request the 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. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing.
(d) Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
(e) Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
(f) Request the transfer of your personal information to another party.
(c) If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Data Compliance Manager in writing.
No fee usually required
(d) You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
(e) We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
13. 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 Data Compliance Manager. 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.
14. CHANGES TO THIS PRIVACY NOTICE
This privacy notice is not contractual; we reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any complaints about how we handle your personal data, please contact us so we can resolve the issue, where possible. You also have the right to lodge a complaint about any use of your information with the Information Commissioners Office, the UK data protection regulator.
If you believe that any information we are holding on you is incorrect or incomplete, or have any questions about this Privacy Notice, please get in touch with our Data Protection Officer:
Name: Christopher Ward
Address: The Machine House, Newfields, Moira Ashby De La Zouch, DE12 6EG