Cathcart Associates (the Company) is a technology recruitment business, headquartered in Edinburgh, with offices in Manchester and Leeds, which provides work-finding services to its clients and work-seekers. The Company must process personal data (which may include sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller. This policy maybe subject to change and material changes were made most recently on 22nd May 2018. Your continued use of our website indicates your consent to any changes we make to this policy but please continue to visit this page to view any updates.
If you have any queries regarding this policy please contact firstname.lastname@example.org or Bevin Gosling on 0131 510 1500. Please write to us at Cathcart Associates, 40 George Street, Edinburgh, EH2 2LE.
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 a 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. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities, arranging payments to you and developing and managing our services and relationship with you and our clients. The Company has registered with the ICO and its registration number is Z1978826
The Company may hold personal data on individuals for the following purposes:
- Staff administration;
- Advertising, marketing and public relations
- Accounts and records;
- Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support
- Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers
In some cases we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.
The legal bases we rely upon to offer these services to you are:
- Your consent
- Where we have a legitimate interest
- To comply with a legal obligation that we have
- To fulfil a contractual obligation that we have with you
b. Legitimate interest
This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where the Company has relied on a legitimate interest to process your personal data our legitimate interests are as follows:
- Our aim is to provide best of class recruitment services to our Clients and Candidates. In order to do this, we are required to process data regarding our clients and candidates, including but not limited to:
- Contact details
- Employment information: salary, references, types of roles interested in
- Photo ID, visa details
- Types of employees/skillsets interested in
- Processing your data to achieve these aims is necessary for us to best achieve our legitimate interest
- We have at all times balanced this against your rights and freedoms as an individual
c. Recipients of data
The Company will process your personal data and/or sensitive personal data with the following recipients:
- Clients that you introduce or supply individuals to
- Candidates’ former or prospective new employers that we obtain or provide references to
- The Recruitment and Employment Confederation
- Any other third parties who carry out audits to ensure that we run our business correctly
- Umbrella companies that we may pass candidate data to
- Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);
- Our IT and CRM providers
- Any public information sources and third party organisations that we may use to carry out suitability checks on work-seekers e.g. Companies House, the Disclosure and Barring Service (DBS), DVLA, credit reference agencies
- Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC
d. Updates on Jobs and Available Candidates
You may receive email updates from us regarding jobs we feel may be interesting to you or candidates who might be suitable to work with you if you (i) have requested marketing communications from us, (ii) have opted in to marketing communications from us, or (iii) we have assessed that it is in our legitimate interest to send you relevant marketing information that we think you would be interested in, in order to continue to run and grow our business.
If relying on legitimate interest we will always ensure that our interest in doing so has been balanced against any potential impact on you (both positive and negative) and your rights before we process your personal data. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
In each case, we will not send any marketing communications if you have asked us to stop contacting you or opted out of receiving that marketing.
You can ask us to stop sending you marketing communications at any time. The unsubscribe or opt-out option will be in every email that you receive, or you can unsubscribe by emailing us at email@example.com at any time.
2. Overseas Transfers
It is not anticipated that the Company will transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein. Where we might be required to transfer your data outside the EEA we will take steps to ensure that the country is compliant with data protection legislation and there are appropriate means in place to safeguard your data.
3. Data retention
The Company will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also 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.
We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.
Given the naturally variable duration of employment, there is no logical fixed time limit after which one could cease to be interested in a new job, however, after ten years we will get in touch to let you know we will be deleting your 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 you have the right to withdraw that consent at any time by contacting firstname.lastname@example.org
There may be circumstances where the Company will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific reasons.
If you believe that any of your data that the Company processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.
You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.
5. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact email@example.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.
a. The lawfulness of processing conditions for personal data are:
- Consent of the individual for one or more specific purposes.
- Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.
- Processing is necessary for compliance with a legal obligation that the controller is subject to.
- Processing is necessary to protect the vital interests of the individual or another person.
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
- Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.
b. The lawfulness of processing conditions for sensitive personal data are:
- Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.
- Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.
- Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.
- In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.
- Processing relates to personal data which are manifestly made public by the individual.
- Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
- Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.
- Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.
- Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.
- Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.