WHAT IS THE PURPOSE OF THIS DOCUMENT?
This policy sets out the Titan (Scotland) Ltd policy on the protection of information relating to staff members, workers, contractors, volunteers, interns and job applicants.
Titan (Scotland) Ltd is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use the personal information you provide to us, in accordance with the provisions of relevant data protection legislation, including the General Data Protection Regulation (GDPR).
Titan (Scotland) Ltd 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.
It is important that you read 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. Titan (Scotland) Ltd may process personal information without staff members’ knowledge or consent, in compliance with this policy, where this is required or permitted by law.
KEY DEFINITIONS
Data processing
Data processing is any activity that involves the use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring personal data to third parties.
Personal data
Personal data is any information identifying a data subject (a living person to whom the data relates). It includes information relating to a data subject that can be identified (directly or indirectly) from that data alone or in combination with other identifiers the Company possesses or can reasonably access. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
Sensitive personal data
Sensitive personal data is a special category of information which relates to a data subject’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data. It also includes personal data relating to criminal offences and convictions.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
We may collect additional personal information in the course of job-related activities throughout the period of you working for us.
We are required to collect, store, and use your personal information, this may include the below:
Contact details – name, title, addresses, telephone numbers, and personal email addresses
Right to work documents – Proof of ID, Legal Right to Work, Proof of Address, Proof of NI
Nationality
Immigration status
Details of driving license
Location
Emergency contact details
CV/Work history/Cover letter
Qualifications/education/training
Professional memberships
Salary and additional benefits information
Positions you have previously applied for
CCTV footage and other information obtained through electronic means such as swipe card records
Details of criminal convictions
Bank statements
Details of previous salaries and employment
Work patterns and preferences
Sensitive information for the use of Equality and Diversity Monitoring such as sex/gender, ethnicity, religious beliefs and sexual orientation
Data to help us determine the need for any reasonable adjustments in the workplace such as physical or mental disabilities
Photographs
Information about your use of our information and communications systems
We may be required to process additional information for candidates who would be employed by Titan (Scotland) Ltd on a temporary basis with any of our clients, this could include:
Bank details
NI number
Tax details
Reference/referee information
Sick leave details
Disciplinary and grievance information
Performance details
Next of Kin/emergency contact
Marital status and dependants
Candidates who would be self-employed as a contractor will need to provide some additional information which could include:
Registered company number
Details of pertinent insurance
VAT registration
For candidates who are applying for roles within certain businesses, we may also be required to collect, store, and use some additional personal information, which could include:
Employment history
Education history
Address history
Marital status
Nationality
Details of financial checks
Information relating to any previous position held as a Director, Secretary or association to a company
We may be required to perform certain Pre-Screening checks, which could include:
Identity Verification
Adverse financial check
Referencing
Gap/activity coverage
Qualification verification
Criminal background check
Sanction and PEP checks
Directorship checks
Media and social media checks
For the avoidance of doubt, the above lists of categories of personal data and compliance checks are not exhaustive.
How is Your Personal Information Collected?
We typically collect this personal information directly from you or through our website or job advertisements. We may sometimes be required to collect additional information from third parties (for example background check providers) or other publicly available sources.
Titan (Scotland) Ltd will take reasonable steps to inform you that it has collected your personal information from a third party. From time to time, we may collect additional personal information in the course of job-related activities throughout the period of employment. If we require to obtain additional personal information, this policy will be updated or staff members will receive a separate privacy notice setting out the purpose and lawful basis for processing the data.
How We Will Use Information about You
Personal information will only be processed when there is a lawful basis for doing so. We need certain personal information primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information include the below.
Providing our recruitment services
To maintain business relationships with clients and candidates
To submit your CV to third parties
Checking you are legally entitled to work in the UK
Assessing qualifications for a particular job
To determine your suitability for a particular job
To pay you and process tax/NI/pension requirements
Where we need to comply with a legal obligation
Communication
Reporting
Send you marketing communications and information relating to our services which we think may be of interest to you (which you have the right to opt-out of)
To ensure your own safety and security
To deal with any legal disputes
If you are engaged as an employee or contractor through Titan (Scotland) Ltd we may also need additional information for the following reasons:
Administering the contract, we have entered into with you
Paying you, deducting tax and National Insurance contributions
Liaising with your pension provider
Conducting performance reviews, managing performance and determining performance requirements
Gathering evidence for possible grievance or disciplinary hearings
Dealing with legal disputes involving you, or other employees, workers and contractors
Managing sickness absence
To monitor your use of our information and communication systems to ensure compliance with our IT policies
To conduct data analytics studies to review and better understand employee retention and attrition rates
Equal opportunities monitoring
To prevent fraud
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
We may also use your personal information in the following situations, which are likely to be rare:
Where we need to protect your interests (or someone else’s interests)
Where it is needed in the public interest (or for official purposes)
In processing staff members’ or candidates’ data the following principles will be adhered to. Personal data will be:
Used lawfully, fairly and in a transparent way;
Collected only for valid purposes that are clearly explained and not used in any way that is incompatible with those purposes;
Relevant to specific purposes and limited only to those purposes;
Accurate and kept up to date;
Kept only as long as necessary for the specified purposes; and
Kept securely.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to represent you as a recruitment agency and may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
Change of purpose
We will only use your personal information 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 information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
HOW WE USE SENSITIVE PERSONAL INFORMATION
We may use your sensitive personal information in the following ways:
In limited circumstances, with explicit written consent
To ensure you are eligible to work in the UK
In order to meet legal obligations
When it is needed to assess working capacity on health grounds, subject to appropriate confidentiality safeguards
Where it is needed in the public interest, such as for equal opportunities monitoring
Less commonly, 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 members or former members in the course of legitimate business activities with the appropriate safeguards.
Our obligations as an employer
We will use your particularly sensitive personal information in the following ways:
We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information About Criminal Convictions
We envisage that we will hold information about criminal convictions. We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you. We will use information about criminal convictions and offences only where we have a legal basis for doing so, usually this is where such processing is necessary to carry out our obligations and provided we do so in line with our contractual obligations to our clients and candidates.
Less commonly, 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.
Automated Decision-Making
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
DATA SHARING
We may have to share your data with third parties, including prospective employers, third-party service providers and other entities in the group. We require third parties to respect the security of your data and to treat it in accordance with the law.
We will not transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.
Why might you share my personal information with third parties?
The situations in which we will share your personal information with third parties include the below.
Where required by law
Where it is necessary to administer the working relationship with you
Where we have another legitimate interest in doing so
To ensure you are eligible to work in the UK
To conduct Pre-Screening checks
For tax or audit purposes
Assessing qualifications for a particular job
To determine your suitability for a particular job
To pay you and process tax/NI/pension requirements
Where we need to comply with a legal obligation
To ensure your own safety and security
To deal with any legal disputes
For the avoidance of doubt, the above lists of situations where we may process your personal information are not exhaustive.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: CV formatting, payroll, pension administration, benefits provision, administration, IT services and compliance screening.
How secure is my information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
DATA SECURITY
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
DATA RETENTION
How long will you use my information for?
We will 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, audit 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.
Any personal information retained which is no longer necessary will be securely destroyed.
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.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
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
Under certain circumstances, by law you have the right to:
Request access to your personal information (Data subject access request)
Request correction of the personal information that we hold about you
Request erasure of your personal information
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
Request the restriction of processing of your personal information
Request the transfer of your personal information to another party
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 Titan (Scotland) Limited in writing.
No fee usually required
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
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.
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 HR department at Titan (Scotland) Ltd. 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.
CHANGES TO THIS PRIVACY NOTICE
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.
STAFF MEMBERS’ RESPONSIBILITY FOR COMPLIANCE
All staff members, particularly those tasked with regularly handling personal data, have responsibility for ensuring that processing meets the standards set out in this policy. Staff members should observe, as a minimum, the following rules:
Staff members must observe to the letter any instruction or guidelines issued by the Company in relation to data protection.
Staff members should not disclose personal data about the Company, colleague or third parties unless that disclosure is fair and lawful, in line with this policy.
Staff members must take confidentiality and security seriously, whether the staff member considers the information to be sensitive or not.
Any personal data collected or recorded manually which is to be inputted to an electronic system should be inputted accurately and without delay.
Staff members must not make any oral or written reference to personal data held by the Company about any individual except to staff members of the Company who need the information for their work or an authorised recipient.
Great care should be taken to establish the identity of any person asking for personal information and to make sure that the person is entitled to receive the information.
If a staff member is asked by an unauthorised individual to provide details of personal information held by the Company the staff member should ask the individual to put their request in writing and send it to the Data Protection Officer. If the request is in writing the staff member should pass it immediately to the Data Protection Officer.
Staff members must not use personal information for any purpose other than their work for the Company.
If a staff member is in doubt about any matter to do with data protection they must refer the matter to the Data Protection Officer.
Passwords should not be disclosed and should be changed regularly.
Staff member or third-party personal data should not be left unsecured or unattended, e.g. on public transport or left in vehicles.
Unauthorised use of computer equipment issued by the Company is not permitted.
Staff members must follow the Company’s “clear desk” policy and ensure that all confidential information, whether containing staff member or third party personal data or not, is secured when it is not in use or when the staff member is not at work.
Staff members must ensure that devices are password protected and locked when not in use and ensure that any personal data is hard-deleted from remote working devices after the staff member has finished working.
Any breach of the above rules will be taken seriously and, depending on the severity of the matter, may constitute gross misconduct which could lead to summary termination of employment.
By agreeing to our Privacy Policy you are also stating that you have read and agree to our Terms and Conditions and Cookies Policy.
You also agree to hold Titan (Scotland) Ltd harmless from any claims, damages, and liabilities, arising from or relating to any false information or documents provided by you.
If you have any questions about this privacy notice, please contact the Support Team at Titan (Scotland) Limited
January 2020