English Country Gardeners Ltd – Privacy notice
English Country Gardeners Ltd is committed to protecting the privacy of our candidates, clients and users of our website. We are committed to providing a safe and secure user experience. We will ensure that the information you submit to us via our website or through our office is only used for the purposes set out in this Data Privacy Notice.
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) replaces the Data Protection Regulation (Directive 95/46/EC) from 25 May 2018. It aims to regularise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate. Even though the UK has expressed its intention to leave the EU in March 2019, the GDPR will be applicable in the UK from 25th May 2018.
Your new rights under the GDPR are set out in this notice but will only apply once the GDPR becomes law on 25th May 2018.
The following information outlines how we will treat and use your personal data, please read it carefully.
Who will control your personal data?
Your Personal data will be controlled by English Country Gardeners Ltd a company registered in the UK: Company Number 7472859. Registered as a Data Controller with the Information Commissioner’s Office Certificate Number Z2622862
(English Country Gardeners Ltd is a subsidiary company of Fuller Corporate Ltd, Company No 07558875)
Address: Unit 2. High House Business Park, Kenardington, Ashford , Kent, TN26 2LF
Tel: 01233 733510
What is personal data?
Personal data is data that identifies you as a living individual. It can include your name, and contact details including email, DOB, NI number, employment details, employment and salary requirements, etc.
Who we are, what we do and how we get your data
English Country Gardeners is a recruitment agency as defined in the Employment Agencies Act 1973. We also provide consultancy services from time to time. We collect the personal data from the following types of people to allow us to undertake our business;
- Prospective and placed candidates for permanent, part-time or temporary roles;
- Prospective and live client contacts (including referee contacts provided by candidates);
- Supplier contacts to support our services;
- Employees, consultants, industry contacts and contractors;
You may have applied directly to us via our website or direct contact with our office staff via email, phone, correspondence etc, or we may have found your details from a jobs board or social networking site. We are able to process your data if we have a legal basis for doing so.
We collect information about you to carry out our core business and ancillary activities.
The data we collect and how we use it
This section applies to individuals wishing to use or using our Recruitment Services.
The personal data we collect or receive includes the following as applicable:
- Email and other contact details
- Date of birth
- Job history (including information relating to placements through us)
- Educational history, qualifications & skills
- Visa and other right to work or identity information
- Bank details
- National insurance and tax (payroll) information
- Next of kin and family details
- Contact details of referees
- Personal information relating to hobbies, interests and pastimes
- Information contained in references and pre-employment checks from third parties
- Your employment preferences
We may obtain your personal data from the following sources (please note that this list is not exhaustive):
- You (e.g. a Curriculum Vitae, application or registration form)
- A client
- Online jobsites
- Marketing databases
- The public domain
- Social Media such as LinkedIn
- At interview
- Conversations on the telephone or video conferencing (which may be recorded)
- Notes following a conversation or meeting
- Our websites and software applications
- Other relevant industry websites
Where you are a Candidate and we have obtained your personal data from a third party such as an online job board, it is our policy to advise you of the source when we first communicate with you.
How we will use your personal data:
The processing of your personal information may include:
- Collecting and storing your personal data, whether in manual or electronic files
- Notifying you of potential roles or opportunities
- Assessing and reviewing your suitability for job roles
- Introducing and/or supplying you to actual or potential Clients
- Collating market or sector specific information and providing the same to our Clients
- Sending information to third parties with whom we have or intend to enter into arrangements which are related to our Recruitment Services
- Providing information to regulatory authorities or statutory bodies, and our legal or other professional advisers including insurers
- Retaining a record of our dealings
- Establishing quality, training and compliance with our obligations and best practice for the purposes of backing up information on our computer systems
Why we process your personal data and our legal justification for doing so:
Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
We will rely on a contract (verbal or written) if we are negotiating or have entered into a recruitment or services agreement with you or your organisation. or any other contract to provide services to you or receive services from you or your organisation.
We will rely on legal obligation if we are legally required to hold information on to you to fulfil our legal obligations.
We will in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent, if legally required. Examples of when consent may be the lawful basis for processing include permission to introduce you to a client (if you are a candidate).
1. Entering into and performing a contract with you:
In order to provide our Recruitment Services, we may enter into a contract with you and/or a third party. In order to enter into a contract, we will need certain information, for example your name, address, email, telephone number. A contract will also contain obligations on both your part and our part and we shall process your data as is necessary.
2. Compliance with legal obligations (regulatory and statutory obligations):
We must comply with a number of statutory provisions when providing our Recruitment Services, which necessitate the processing and maintaining of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things may require us to:
- Verify your identity
- Assess your suitability for a particular job role
- Maintain records for specific periods
Where we engage a person to work for us, there are other statutory obligations that must be complied with including payroll, tax, social security, HMRC reporting requirements, and any other law or regulation.
We are also required to comply with statutory and regulatory obligations relating to business generally, for example complying with tax, bribery, fraud/crime prevention and data protection legislation, and co-operating with regulatory authorities such as HMRC or the Information Commissioner’s Office.
3. Our legitimate interests (carrying on the commercial activity of the provision of Recruitment Services):
In providing our Recruitment Services, we will carry out some processing of personal data which is necessary for the purpose of our legitimate interests, which include:
- Retaining records of our dealings and transactions and where applicable, use such records for the purposes of
- establishing compliance with contractual obligations with Clients or suppliers
- addressing any query or dispute that may arise including establishing, exercising or defending any legal claims
- protecting our reputation
- maintaining a backup of our system, solely for the purpose of being able to restore the system to a particular point in the event of a system failure or security breach
- evaluating quality and compliance including compliance with this Privacy Notice
- determining staff training and system requirements
- Using your personal data to:
- assess suitability and contact you regarding potential opportunities and/or our services
- collate market information or trends including providing analysis to potential or actual Clients
- source potential opportunities or roles as part of our Recruitment Services
This means that for our commercial viability and to pursue these legitimate interests, we may continue to process your personal data for as long as we consider necessary for these purposes.
4. Consent to our processing of your data:
We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you apply for a specific role you may have consented to our processing of the data that has been provided for the purpose of progressing your application and considering your suitability for that role as well as assessing your suitability for future roles. In other cases, you may have provided your written or verbal consent to the use of your data for a specific reason such as receiving future marketing and job vacancy updates.
You may withdraw your consent to our processing of your personal information for a particular purpose at any stage (refer to section 3 ‘Your Rights’). However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.
What if we obtain your personal data from a third party?
Part of our business activity involves researching information relating to individuals for the purposes of filling job roles. This may include obtaining personal data from online sources, for example we may obtain information from social media sites such as LinkedIn and job boards, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal information about you from hiring organisations, colleagues and former employers, or from persons for whom you have provided services or been otherwise engaged.
Where information from third party sources is of no use to us, or where you have notified us that you do not want us to provide you with services, we shall discard it. However, we may maintain a limited record in order to avoid the duplication of process. Where we consider that information may be of use to us in pursuance of the provision of our Recruitment Services, any processing will be in accordance with this Privacy Notice. You do have the right to object to processing, please see Section 3 ‘Your rights’.
Sensitive Personal Data (SPD)
Sensitive personal data is information which is intensely personal to you and is usually irrelevant to our consideration of your suitability for a job role. Examples of SPD include information which reveals your political, religious or philosophical beliefs, sexual orientation, race or ethnic origin, or information relating to your health.
Regardless of the basis for your dealings with us, we request that you do not provide us with any sensitive personal data unless absolutely necessary. However, to the extent that you do provide us with any sensitive personal data, such as data which you choose to share with us in conversation, we shall only use that data for the purposes of our relationship with you or for the provision of our Recruitment Services. This will be for one or more of the following reasons:
- You have explicitly consented to the processing
- For the purpose of our assessment of your suitability for job roles or working capacity
- Where processing is necessary for the purpose of obligations or rights under employment, social security or social protection law. To maintain records of our dealings to address any later dispute, including but not limited to the establishment, exercise or defence of any legal claims
Who we share personal data with:
We shall not share your personal information unless we are entitled to do so. The categories of persons with whom we may share your personal information include:
- Individuals, hirers and other third parties, necessary for the provision of our Recruitment Services
- Any regulatory authority or statutory body pursuant to a request for information or any legal obligation which applies to us
- Parties who process data on our behalf include:
- IT support
- storage service providers including cloud
- background screening providers
- Legal and professional advisers
Our ‘In House’ software is often used to review the personal data of individuals recorded on our database, or who have applied for specific roles. The software may determine suitability for a specific role via targeted questions relating to the role, and/or may identify and select individual personal information according to the stored characteristics. For example, the software may enable us to quickly identify individuals from our database who have specific skills, and exclude individuals whose characteristics do not match particular requirements of a job role.
Where we assess your suitability for a particular job role and you consider that any such assessment has been made wrongly or incorrectly, it is important that you inform us asap in order that the personal data is corrected.
This section applies to all personal data
Transfer of data to other jurisdictions
In the course of the provision of our Recruitment Services we may transfer data to countries or international organisations outside of the European Economic Area (EEA). This may, for example, be to Clients or Candidates, or third parties who provide support services to us. Where information is to be so transferred, it may be to a country in respect of which there is an adequacy decision from the EU Commission. However, if this is not the case, it is our policy to take steps to identify risks and in so far as is reasonably practicable, ensure that appropriate safeguards are in place.
If you do not wish to provide us with necessary data
There may be circumstances where we require you to provide data which is necessary for us to meet statutory or contractual obligations, or perform our Recruitment Services. If you do not wish to provide us with information we request then please notify us. However, please be aware that as a result we may be unable to provide you, or the party you represent, with a Recruitment Service, and in some cases, this may result in a breach of the contract we have with you or a third party you represent.
Group companies & transfer
Although this Privacy Notice applies to English Country Gardeners Ltd, your data may be accessible to, and shared with other organisations within the Fuller Corporate Group including Horticruitment UK Ltd for any of the purposes set out within this Privacy Notice, or where we have shared administration systems and staff.
In the event of a sale, merger, liquidation, receivership or the transfer of all or part of our assets to a third party, we may need to transfer your information to a third party. Any transfer will be subject to the agreement of the third party to this Privacy Notice and any processing being only in accordance with this Privacy Notice.
Data Security and Confidentiality
It is our policy to ensure, in so far as is reasonably practicable, that our systems and records are secure and not accessible to unauthorised third parties in line with contemporary practice.
Retaining your data
In most circumstances your data will not be retained for more than 10 years from the last point at which we provided any services or otherwise engaged with you and it is our policy to only store your personal data for as long as is reasonably necessary for us to comply with our legal obligations and for our legitimate business interests. The following sets out the lengths of time we are required by law to retain your data or certain elements of your data:
a) for 12 months from the date we last provided our recruitment services to you for the purposes of providing evidence of the recruitment services we provided to you (Regulation 29 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003);
b) for 2 years from the end of your last period of engagement or employment for the purposes of providing evidence that right to work checks were carried out under The Immigration (Restrictions of Employment) Order 2007;
c) for 3 years from the end of the relevant year for the purposes of any parental leave records or statutory maternity or paternity pay; and
d) for 6 years from the end of each tax year for the purposes of retaining payroll records under the Income Tax (Employment and Pensions) Act 2003,
e) for 6 years from the end of each tax year for the purposes of keeping VAT records for any VAT registered limited company contractors.
However, we may retain data for longer than a 10 year period where we have a legal or contractual obligation to do so, or we form the view that there is otherwise a continued basis to do so, for example where your personal information identifies specialist skill sets which may remain in demand, or we are subject to a legal obligation which applies for a longer period.
If however you believe that we should delete your personal data at an earlier date, please inform us in writing of your reasons. Please see Section 3 ‘Your Rights’ below.
Changes to this Privacy Notice
This Privacy Notice is regularly reviewed and may be updated from time to time to reflect changes in our business, or legal or commercial practice. Where an update is relevant to our processing of your data, we shall notify you of the same.
We take the protection of your personal data very seriously and it is important that you know your rights within that context, which include rights to:
- Request a copy of the personal data that we hold about you. If you would like to make a request for information, please contact firstname.lastname@example.org
- Object to our processing of your data where that processing is based upon legitimate interest and there are no compelling grounds for the continued processing of that data
- Request that we restrict processing of your data in certain circumstances
- Request that data is erased where the continued use of that data cannot be justified. Agencies are required to keep certain records such as ID or right to work checks and payroll records for certain periods of time. These obligations will override any request to erase data or any objection to processing for so long as they must keep the data.
- Object to any decision, which significantly affects you, being taken solely by a computer or via another automated process.
- Withdraw your consent to our processing of your personal data for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations
- Request that an inaccurate or incomplete data is rectified. We will respond to such a request within 1 month.
- Request that data provided directly by you and processed by automated means is transferred to you or another controller; this right only being applicable where our processing of your data is based either on your consent or in performance of a contract
- Make a complaint to the Information Commissioner’s Office https://ico.org.uk
- Request that direct marketing by us to you is stopped:
Any request to alter or erase personal data held must be made in writing and sent to us at our contact address or by email to email@example.com
Please note that should you exercise your right to request that we erase data or cease any processing activity, we may retain a record of this request and the action taken to both evidence our compliance, and to take steps to minimise the prospect of any data being processed in the future should it be received again from a third-party source.
If you have any questions concerning your rights or should you wish to exercise any of these rights please contact us as above.
If you are dissatisfied about any aspect of the way in which your data is processed you may, in the first instance refer the matter to us as above.
If you have any enquires you can contact us at:firstname.lastname@example.org or by writing to us at: English Country Gardeners Ltd, Unit 2, High House business Park, Kenardington, Ashford, Kent, TN26 2LF.