GDPR Statement

In this policy the following terms have the following meanings:

‘consent’ means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of persona data relating to him or her;

‘data controller' means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;

‘data processor’ means an individual or organisation which processes personal data on behalf of the data controller;

‘personal data’* means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;

‘processing’ means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual;

‘sensitive personal data’* means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.

* For the purposes of this policy we use the term ‘personal data’ to include ‘sensitive personal data’ except where we specifically need to refer to sensitive personal data.

‘Supervisory authority’ means an independent public authority which is responsible for monitoring the application of data protection. In the UK the supervisory authority is the Information Commissioner’s Office (ICO).

Anderson James may hold personal data on individuals for the following purposes:

Staff administration;
Advertising, marketing and public relations;
Accounts and records;
Administration and processing of candidates’ 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 candidates to suppliers or client’s

The Data Protection Principles

The Data Protection Laws require Anderson James acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:

1. Processed lawfully, fairly and in a transparent manner;

2. Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;

3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

4. Accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

5. Kept for no longer than is necessary for the purposes for which the personal data are processed;

6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that 7. The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.

Legal Bases for Processing

Anderson James will only process personal data where it has a legal basis for doing so (see Annex A). Where Anderson James does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.

Anderson James will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.

Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as, third party employers, umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support), Anderson James will establish that it has a legal reason for making the transfer.

Subject Access Requests

The individual is entitled to access their personal data on request from the data controller.

Rectification

The individual or another data controller at the individual’s request, has the right to ask Anderson James to rectify any inaccurate or incomplete personal data concerning an individual.

If Anderson James has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold - however Anderson James will not be in a position to audit those third parties to ensure that the rectification has occurred.

Erasure

The individual or another data controller at the individual’s request, has the right to ask Anderson James to erase an individual’s personal data.

If Anderson James receives a request to erase it will ask the individual if s/he wants his personal data to be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). Anderson James cannot keep a record of individuals whose data it has erased so the individual may be contacted again by Anderson James should we come into possession of the individual’s personal data at a later date.

Object to Processing

The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. The individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest.

Anderson James shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

The individual has the right to object to their personal data for direct marketing.

Reporting Personal Data Breaches

All data breaches should be referred to the persons whose details are listed in the Appendix.

Personal data breaches where Anderson James is the data controller: Where Anderson James establishes that a personal data breach has taken place,

Anderson James will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual Anderson James will notify the ICO.

Where the personal data breach happens outside the UK, Anderson James shall alert the relevant supervisory authority for data breaches in the effected jurisdiction.

Personal data breaches where Anderson James is the data processor:

Anderson James will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.

Communicating personal data breaches to individuals Where Anderson James has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, Anderson James shall tell all affected individuals without undue delay.

Anderson James will not be required to tell individuals about the personal data breach where:

Anderson James has implemented appropriate technical and organisational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption.
Anderson James has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
It would involve disproportionate effort to tell all affected individuals. Instead, Anderson James shall make a public communication or similar measure to tell all affected individuals.

The lawfulness of processing conditions for personal data are:

1. Consent of the individual for one or more specific purposes.

2. 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.

3. Processing is necessary for compliance with a legal obligation that the controller is subject to.

4. Processing is necessary to protect the vital interests of the individual or another person.

5. 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.

6. 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.

The lawfulness of processing conditions for sensitive personal data are:

1. Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.

2. 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.

3. 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.

4. 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.

5. Processing relates to personal data which are manifestly made public by the individual.

6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

7. 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.

8. 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.

9. 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.

10. 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.