E) SPECIAL CATEGORIES OF DATA
Special categories of data are data relating to your:
b) sex life
c) sexual orientation
e) ethnic origin
f) political opinion
h) trade union membership
i) genetic and biometric data.
Most commonly, we will process special categories of data when the following applies:
a) you have given explicit consent to the processing
b) we must process the data in order to carry out our legal obligations
c) we must process data for reasons of substantial public interest
d) you have already made the data public.
We do not need your consent if we use special categories of personal data in order to carry out our legal obligations. However, we may ask for your consent to allow us to process certain particularly sensitive data. If this occurs, you will be made fully aware of the reasons for the processing. As with all cases of seeking consent from you, you will have full control over your decision to give or withhold consent and there will be no consequences where consent is withheld. Consent, once given, may be withdrawn at any time. There will be no consequences where consent is withdrawn.
F) FAILURE TO PROVIDE DATA
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract with you or performing the contract that we have entered into.
G) CRIMINAL CONVICTION DATA
We will only collect criminal conviction data where it is appropriate given the nature of the services you are to provide to us and where the law permits us. This data will usually be collected during contract negotiation, however, may also be collected during your engagement. We use criminal conviction data to determine your suitability, or your continued suitability for the engagement. We rely on the lawful basis of our legitimate interests to process this data.
H) WHO WE SHARE YOUR DATA WITH
Employees within our company who have responsibility for recruitment, administration of payment and contractual benefits and the carrying out performance related procedures will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.
Data is shared with third parties for the following reasons: Payment of invoices.
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We do not share your data with bodies outside of the European Economic Area.
I) PROTECTING YOUR DATA
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
J) RETENTION PERIODS
We only keep your data for as long as we need it for, which will be at least for the duration of any engagement with us though in some cases we will keep your data for a period after your engagement has ended. Our retention period is continual after your initial engagement with us whilst ever there may be other engagement opportunities, unless you request that your data is no longer retained.
K) AUTOMATED DECISION MAKING
Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
L) YOUR RIGHTS
You have the following rights in relation to the personal data we hold on you:
a) the right to be informed about the data we hold on you and what we do with it
b) the right of access to the data we hold on you. More information on this can be found in our
separate policy on Subject Access Requests
c) the right for any inaccuracies in the data we hold on you, however they come to light, to be
corrected. This is also known as ‘rectification’
d) the right to have data deleted in certain circumstances. This is also known as ‘erasure’
e) the right to restrict the processing of the data
f) the right to transfer the data we hold on you to another party. This is also known as ‘portability’
g) the right to object to the inclusion of any information
h) the right to regulate any automated decision-making and profiling of personal data.
More information can be found on each of these rights in our separate policy on your rights in relation to your data.
Should you require any further information or wish to exercise any of the rights explained above, please contact us.
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.
N) MAKING A COMPLAINT
If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.
O) DATA PROTECTION COMPLIANCE
Our appointed compliance officer in respect of our data protection activities is: