Privacy Policy

Company Name:	PK Education
Company Contact details:	PK Education Limited of St James House, Vicar Lane, Sheffield. S1 2EX Company Data Protection Officer: Karl Housley
GDPR PN1	Privacy Notice
Topic:	Data protection
Date:	May 2018
Version:	Version 1

The Company is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.

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 this privacy statement. At all times we will comply with current data protection laws

Contents

1. Collection and use of personal data
   1. Purpose of processing and legal basis
   2. Legitimate interest
   3. Statutory/contractual requirement
   4. Recipients of data
2. Information to be provided when data is not collected directly from the data subject
   1. Categories of data
   2. Sources of data
3. Overseas transfers
4. Data retention
5. Your rights
6. Automated decision making
7. Cookies
8. Login files
9. Links to external sites
10. Sale of the business
11. Data security
12. Changes to this privacy statement
13. Complaints or queries

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.

If you have opted-in we may also send you marketing information and news via email/ text.  You can opt-out from receiving these at any time by clicking “unsubscribe” when you receive these communications from us.

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.

We must have a legal basis to process your personal data. The legal bases we rely upon to offer our work-finding services to you are:

• Your consent – for more detailed guidance on consent please see the ICO guidance on consent.
• Where we have a legitimate interest – Please see the ICO guidance on legitimate interests.
  We copy below an extract from that guidance:What is the ‘legitimate interests’ basis?Article 6(1)(f) gives you a lawful basis for processing where: “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”
• 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 is/are as follows:

• Managing our database and keeping work-seeker records up to date;
• Providing work-finding services to you and our clients;
• Contacting you to seek your consent where we need it;
• Giving you information about similar products or services that you have used from us recently;

c. Statutory/contractual requirement

The Company has certain legal and contractual requirements to collect personal data (e.g. to comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, immigration and tax legislation, and in some circumstances safeguarding requirements.)  Our clients may also require this personal data, and/or we may need your data to enter into a contract with you. If you do not give us personal data, we need to collect we may not be able to continue to provide work-finding services to you.

d. Recipient/s of data

The Company will process your personal data and/or sensitive personal data with the following recipients either directly or through a third party;

• Clients that you introduce or supply individuals to (we supply within the education sector, for examples: schools; independent, free, academies, LEA owned and virtual, nurseries and local authorities’ education institutions)
• Candidates’ former or prospective new employers that you obtain or provide references to
• The Recruitment and Employment Confederation (REC)
• Any other third parties who carry out audits to ensure that you run your business correctly or line with your
• Payroll service providers who manage your payroll on your behalf
• Any umbrella companies that you pass candidate data to, this includes our chosen DBS umbrella company to process and complete DBS’s
• Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);
• Your insurers
• Your legal advisers
• Social networks
• Your IT and CRM providers
• Any public information sources and third-party organisations that you may use to carry out suitability checks on work-seekers e.g. Companies House, the Disclosure and Barring Service (DBS), Teaching Regulation Agency (TRA), DfE, DVLA, TP Online (Barred List), SET (Society for Education and Training), EWC (Education Workforce Council), GTC (General Teaching Council Scotland),
• Government, law enforcement agencies and other regulators e.g. the Police, Home Office, HMRC, UK Visa and Immigration, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs), GLAA,
• Trade unions and
• Any of your group companies

2. Information to be provided when data collected not from the data subject

Categories of data: The Company has collected the following personal data on you:

Personal data:

• Name, Date of birth, Contact details, including telephone number, email address and postal address
• Experience, training, and qualifications
• CV
• National insurance no.
• Nationality (through right to work check)
• Gender
• Marital Status

Sensitive personal data:

• Health information including whether you have a disability
• Criminal conviction(s)

Source of the personal data: The Company sourced your personal data/sensitive personal data:

• From Reed, cv-library, monster jobs boards, jobsite, logic melon and LinkedIn.
  Please see the  ICO Guidance on legitimate interests for an explanation of how we as recruiters can legitimately use job boards and networking sites such as LinkedIn
• A former employer
• A referee whose details you previously provided to us
• Software providers who we use to support our services
• Cookies from our website when you register your interest with PK Education

This information came from a publicly accessible source.

3. Overseas Transfers

The Company will not 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. Further information can be found in Articles 44 – 50 of the General Data Protection Regulation (GDPR).

4. 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. For example, 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. This is currently 3 to 6 years.

Where the Company has obtained your consent to process your personal and sensitive personal data we will do so in line with our retention policy.

Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data and sensitive personal data.

5. 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 and sensitive personal data you have the right to withdraw that consent at any time by contacting Karl Housley, PK Education’s National Compliance Manager, who handles data protection issues and is company’s data protection officer.

Please note that if you withdraw your consent to further processing that does not affect any processing done prior to the withdrawal of that consent, or which is done according to another legal basis.

There may be circumstances where the Company will still need to process your data for legal or official reasons. Where this is the case, we will tell you and we will restrict the data to only what is necessary for 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.

6. Automated decision-making

We do not use an automated decision-making process.

7. Cookies

We may obtain data about you from cookies.  These are small text files that are placed on your computer by websites. PK Education only use cookies when you register your information to apply to work with PK Education. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

8. Log Files

We use IP addresses to analyse trends, administer the site, track users’ movements, and to gather broad demographic information for aggregate use.  IP addresses are not linked to personally identifiable information.

9. Links to external websites

The Company’s website may contains links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such other sites.  When you leave our site we encourage you to read the privacy statements of each and every website that collects personally identifiable information.  This privacy statement applies solely to information collected by the Company’s website.

10. Sale of business

If the Company’s business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

11. Data Security

The Company takes every precaution to protect our users’ information. We have specific security measures in relation to the personal data processed, which include, firewalls, browser certification technology, encryption, limited access, use of passwords etc.

Only employees who need the information to perform a specific job (for example, consultants, our accounts clerk or a marketing assistant) are granted access to your information.

The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of email/ the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via email/ the Internet.

If you share a device with others we recommend that you do not select the “remember my details” function when that option is offered.

If you have any questions about the security at our website, you can email Karl Housley, karl@pkeducation.co.uk

12. Changes to this privacy statement

We will update this privacy statement from time to time.  We will post any changes on the statement with revision dates.  If we make any material changes, we will notify you.

13. Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out please contact: Karl Housley who handles data protection issues and is the data protection officer. Please call 0121 632 6220 or email karl@pkeducation.co.uk

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.