Data Use Statement

JMC Recruitment Solutions Limited: Data Use Statement Temporary Labour Supply, Permanent Recruitment, E-Learning, General Website Users and Business Contacts

Please read this document carefully – it contains important information about the way we process personal data we hold about you. please ensure that data you provide to us is correct and up to date and advise us of any changes to your personal data as and when the same arise.

If you are a data subject in the European Union and/or for processing of data in the European Union, please note the relevant contact details/supervisory authority.

SECTION 1 (PREAMBLE)

(A) Introduction

1. We want You to be absolutely clear about the use We make of any Personal Data (including Special Categories of Personal Data) that You supply to Us and/or We learn about You. This Data Use Statement seeks to achieve this and let You know all the details we believe You need (including detailing the rights You have); however if You believe further information is required and/or You have any queries, then please do not hesitate to contact Our Data Protection Officer, whose contact details can be found below.

2. Throughout this Data Use Statement, definitions are used (usually identifiable by capital letter use at the beginning of the word, for example: Processing, Data Use Statement, We) and We have included a definitions section at the end of this Data Use Statement.

3. Please be aware that from time to time (and at Our absolute discretion) We may update this Data Use Statement (this is version May.18) and where this is the case, the newest version shall be published on Our Website. It is therefore recommended that You periodically check the Website for relevant details. This Data Use Statement does not form part of any contract and/or agreement We may have with You.

4. For Your information, data protection legislation requires that Personal Data be:

   • Used lawfully, fairly and in a transparent way.
   • Collected only for valid purposes that We have clearly explained to You and not used in any way that is incompatible with those purposes.
   • Relevant to the purposes We have told you about and limited only to those purposes.
   • Accurate and kept up to date.
   • Kept only as long as necessary for the purposes We have told you about.
   • Kept securely.

(B) Background

5. You will be viewing this Data Use Statement because:
   
   
   • You are registered with Us in connection with Our Temporary Labour Supply Services; and/or
   • You are registered with Us in connection with Our Permanent Recruitment Services; and/or
   • You are considering becoming registered with Us in connection with Our Temporary Labour Supply Services; and/or
   • You are considering becoming registered with Us in connection with Our Permanent Recruitment Services; and/or
   • You have previously been registered with Us in connection with Our Temporary Labour Supply Services; and/or
   • You have previously been registered with (or used) Us in connection with Our Permanent Recruitment Services; and/or
   • You wish to use an E-Learning Programme We provide; and/or
   • You have used an E-Learning Programme We provide; and/or
   • You have visited Our Website with general interest;
   • You are a Business Contact and wish to understand how We use Your Personal Data; and/or
   • You are seeking to understand how We Process Personal Data We hold about You and/or Your rights in connection with that Processing.
6. It will depend on Your relationship with Us as to how We Process Your Personal Data and it is therefore important that You read this Data Use Statement in its entirety, but also remain aware that not necessarily all of it will be relevant to You.
7. We are 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 Data Use Statement.

(C) Contact Details and Data Protection Officer

8. Our Data Protection Officer can be contacted by: (a) post, by writing to The Data Protection Officer, JMC Recruitment Solutions Limited, Unit 1 (First Floor), Exeter International Office Park, Clyst Honiton, Exeter, EX5 2HL; or (b) by email: dpo@jmc-groupltd.co.uk. Please ensure You include Your contact details clearly in any communications. For the sake of completeness, We confirm that Our registered company name and address are as follows: JMC Recruitment Solutions Limited (registered in England and Wales with company number: 06583787) with Our registered office at Unit 1 (First Floor), Exeter International Office Park, Clyst Honiton, Exeter, EX5 2HL. For data subjects in the European Union and/or for processing carried out in the European Union, our branch office and establishment in the European Union is based in Malta. The DPO can be contacted using the above email or at JMC Recruitment Solutions Limited, No.2, G. Farrugia Street, Zebbug, Malta, ZBG 9015.

 

SECTION 2 (TYPES OF PERSONAL DATA WE PROCESS)

 

9. The Personal Data that We Process about You will depend on the nature of Our relationship with You.
10. With regard to each of Your visits (to our Website irrespective of whether You are a general visitor or using Our services) We may automatically collect the following information:
    • technical information, including the Internet protocol (“IP”) address used to connect Your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
    • information about your visit, including the full Uniform Resource Locators (“URL”) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
11. Our Website uses cookies to distinguish You from other users of Our Website. This helps Us to provide You with a good experience when You browse our Website and also allows Us to improve Our Website. For detailed information on the cookies We use and the purposes for which We use them see Our Cookie Policy (found on Our Website).
12. We may also collect details that You input into forms and/or submit to Us via Our Website (these will form part of the Personal Data collected by Us for the services We provide and more details is set out below).
13. Generally where You are registered or have been registered with Us (where We use the term registered with Us We mean formally registered with Us as opposed to where You have just made contact) in connection with either Our Temporary Labour Supply Services and/or Our Permanent Recruitment Services, You will have provided and/or We may have obtained from a third party source (for example from a job search website) a great deal of information about You, much of which is Personal Data and some of which is Special Categories of Personal Data. We may also have details of any criminal convictions.
14. Below is a broad list of the categories of the kind of Personal Data We may Process about You (it is not exhaustive and not all may be relevant to You):
    • Your name, address and other contact details;
    • Your date of birth;
    • Gender;
    • Your qualifications, training and employment history;
    • Authorisations (as required by law, a regulatory body and/or a Client);
    • Your curriculum vitae;
    • Copies of Your certificates and approvals;
    • Details of pay;
    • Work locations and durations;
    • Bank account details;
    • Next of kin details and emergency contact details;
    • Clothing size;
    • Marital Status;
    • Your passport details (including a copy of Your passport) and right to work eligibility; and
    • A copy of Your driving licence.
15. We may also Process the following Special Categories of Personal Data about You (again this may not all be relevant to You and is not an exhaustive list):
    • Details about Your health;
    • Data that reveals Your race or ethnic origin; and
    • Details of Your religious beliefs.
16. In some circumstances, We may also Process information about any criminal convictions and offences You may have (if any).
17. During the course of Our relationship with You, We may obtain and Process additional Personal Data about You including Personal Data provided to Us by any Clients that We place You with (for example from feed-back forms and assessments) and/or other Personal Data that You provide Us with during the course of Our relationship. We anticipate that this additional Personal Data (including any Special Categories of Personal Data) will fall into one of the categories identified above.

(C) Not Registered With Us Yet for Either Temporary Labour Supply Services and/or Permanent Recruitment Services

18. When You are contacting Us in relation to potentially using our Temporary Labour Supply Services and/or Permanent Recruitment Services, We Process the information You give Us. This information may be Personal Data and Special Categories of Personal Data and in many cases You may be asked to provide many of the same details mentioned in Section 2(B) (at paragraphs 14 and 15) above.
19. We may also obtain details from third party sources about You, including from job search websites where You may have a match to a vacancy that We have and Clients. In these circumstances, typically We will obtain details of Your curriculum vitae and contact details from this third party source and will then make contact with You to obtain further information.

(D) Using Our E-Learning Programmes

20. When using Our E-Learning programmes, You will be asked to provide to Us the following Personal Data:
    • First Name;
    • Last Name;
    • Nickname (Username);
    • Email Address;
    • Billing Address; and
    • Phone Number.
21. Payments for this service are made via Paypal, who may also obtain details from You. Paypal will let Us know that payments have been made. We do not store PCI data.

(E) Business Contacts

22. We may collect Personal Data from You including Your name, contact details (including work email, address and telephone number) and the position You hold.

 

SECTION 3 (PURPOSE AND LEGAL BASIS FOR PROCESSING PERSONAL DATA)

(A) General Website Use

23. Information that We collect about You when browsing Our website is collected for the legitimate purpose (the legal basis We use for processing such information) of enhancing Your experience in using Our Website and assisting Us with Our Website delivery, administration and security.
24. This differs from any information collected from You when You complete any form and/or input any information onto Our Website, which be treated as information collected from You in relation to either: (a) registering with Us in connection with any service We may provide to you; and/or (b) any service you are already registered with Us for.

(B) Registered and/or Have Been Registered With Us for Either Temporary Labour Supply Services and/or Permanent Recruitment Services

25. We act as an employment business and/or an employment agency (as those terms are defined by the Employment Agencies Act 1973 (as amended)) and Our relationship with You will be determined by the purpose for which You have registered with Us.
26. In either case, the primary purpose for which We shall have Processed and will Process Personal Data about You shall be in connection with this relationship and to help You seek and obtain work on either a temporary, permanent or fixed term basis.
27. In order to ensure that We can provide Our best service to You and to Our Clients, We need to Process Your Personal Data so that We can, as a general purpose, provide Our services to You and correctly match You to Our Clients that require Your skills; this shall include amongst other matters, Processing Your Personal Data (including Special Categories of Personal Data) to ensure that:
    • You have the qualifications and skill set required for the work You are seeking;
    • We can carry out any background checks necessary to establish Your suitability for work;
    • If appropriate, We can keep You informed of suitable vacancies (or where applicable, so We know not to contact You);
    • Where applicable, We can arrange for payments to be made for services provided by You;
    • Where applicable, We can make and book travel arrangements and accommodation for You;
    • Where applicable, We can arrange for documentation to be obtained on Your behalf (including airside passes, visas etc);
    • We can hire cars for You; and
    • We can keep records for statutory and other purposes.
28. There are three main legal basis upon which We Process Your Personal Data as described above:
    • We have a legitimate interest (which is not overridden by Your interests or fundamental rights and freedoms) in undertaking the Processing, which is the carrying on of our business as an employment business and employment agency; and/or
    • The Processing is necessary for the performance of a contract to which You are a party or in order to take steps (at Your request) prior to You entering into a contract; and/or
    • The Processing may be necessary for compliance with a legal obligation to which We are subject.
    • You may have provided Us with consent for the Processing.
29. We may Process Special Categories of Personal Data about You.
30. We Process Special Categories of Personal Data as part of the same purposes (as outlined in paragraph 26 above) for which We process Personal Data but in particular:
    • We Process data about You concerned with your health, religion, race or ethnic origin in connection with making applications for and/or obtaining visa documentation and airside passes and/or ordering airline meals; and
    • We Process information about your physical or mental health, or disability status to ensure proper consideration to health and safety is given.
31. In order to Process Special Categories of Personal Data about You, We need to adhere to the requirements of paragraph 2 of Article 9 of the GDPR. Accordingly, Our general practice is to obtain Your explicit consent to any Processing of Special Categories of Personal Data and to use this as the legal basis upon which We perform such Processing. However, in circumstances where explicit consent has not and/or cannot be obtained and/or it is withdrawn, We may rely on the following legal basis for any Processing of Special Categories of Personal Data:
    • That Processing is necessary for the purposes of carrying out obligations and exercising specific rights of Us or You in the field of employment. Here we shall only Process Special Categories of Personal Data where the Processing is necessary for the purpose of performing or exercising obligations or rights which are imposed or conferred on Us or You in connection with this employment and We have an appropriate policy document (as required by Paragraph 1(1)(b) of Part 1 of Schedule 1 of the DPB) which complies with the requirements of Paragraph 34 of Part 4 of Schedule 1 of the DPB and We satisfy the requirements of Paragraphs 35 and 36 of Part 4 of Schedule 1 of the DPB so that appropriate safeguards are in place to protect Your fundamental rights and interests; and/or
    • That Processing is necessary for reasons of substantial public interest. Here we shall only Process Special Categories of Personal Data where the Processing is necessary for the
    • That Processing relates to Personal Data which you have manifestly made public; and/or
    • That Processing is necessary for the establishment, exercise or defence of legal claims.
32. We may also Process information about criminal convictions as part of the purposes outlined in paragraph 27 above, usually in connection with applications for airside passes or the hiring of cars. The legal basis upon which We shall rely to undertake such processing shall usually be that We have obtained Your consent to Process this criminal convictions information, but in the alternative We may rely on any of the following:
    • That Processing is necessary for the purposes of carrying out obligations and exercising specific rights of Us or You in the field of employment. Here we shall only Process data about criminal convictions where the Processing is necessary for the purpose of performing or exercising obligations or rights which are imposed or conferred on Us or You in connection with this employment and We have an appropriate policy document (as required by Paragraph 1(1)(b) of Part 1 of Schedule 1 of the DPB) which complies with the requirements of Paragraph 34 of Part 4 of Schedule 1 of the DPB and We satisfy the requirements of Paragraphs 35 and 36 of Part 4 of Schedule 1 of the DPB so that appropriate safeguards are in place to protect Your fundamental rights and interests; and/or
    • That Processing is necessary for reasons of substantial public interest. Here we shall only Process Special Categories of Personal Data where the Processing is necessary for the exercise of a function conferred on Us by law and where We have appropriate policy document (as required by Paragraph 5(1) of Part 2 of Schedule 1 of the DPB) which complies with the requirements of Paragraph 34 of Part 4 of Schedule 1 of the DPB and We satisfy the requirements of Paragraphs 35 and 36 of Part 4 of Schedule 1 of the DPB so that appropriate safeguards are in place to protect Your fundamental rights and interests; and/or
    • That Processing relates to Personal Data which you have manifestly made public; and/or
    • Legal Claims so that:
      • Processing is necessary for or in connection with any legal proceedings; or
      • Processing is necessary for obtaining legal advice; or
      • Processing is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

(C) Not Registered With Us Yet

33. Where We Process Personal Data about You when You are not yet registered with Us, We are Processing this Personal Data to allow Us to, inter alia, find out more about You, assess Your suitability for roles, determine with You whether or not You wish to be registered with Us and utilise Us as an employment agency and/or a employment business.
34. Assuming You do wish to register with Us, then the Personal Data will be Processed to allow the registration process to be completed. Once You are registered with Us, Personal Data and Special Categories of Special Data will be Processed in line with Section 3(B) above.
35. The legal basis that We rely upon for processing Personal Data before and during registration with Us is that:
    • We have a legitimate interest (registering You with Us) in Processing the Personal Data so that We can offer You work finding services. We believe that this legitimate interest overrides Your interests or fundamental rights and freedoms; and/or
    • The Processing is necessary for the performance of a contract to which You are a party or in order to take steps at the request of You prior to entering into a contract (You are requesting Us to register You prior to entering into a contract with Us/another party); and/or
    • The processing is necessary for compliance with a legal obligation to which We are subject.
36. Insofar as any of the data We Process at the pre-registration and registration stage is Special Categories of Special Data, We shall usually seek to obtain Your explicit consent to the Processing or in the alternative shall rely upon the field of employment basis for Processing (as more particularly described in paragraph 31 above) or, if necessary, inform You at the time of the basis that We are relying on for such Processing. Nothing in this Data Use Statement (including in this paragraph 36) shall create and/or infer any employer/employee relationship between You and Us.

(D) Users of Our E-Learning Programmes

37. We Process Personal Data about You in connection with Our E-Learning Programmes for the purpose of allowing Us to provide the services You request from Us to You and keeping relevant records in connection with this service. We store information about You to allow You to re-access the services and further use the same at a later date. Your Personal Data is also saved so that others can verify the authenticity of a certificate (via its unique number) and check it is Your qualification. We may also Process Your Personal Data so that We may (but shall not be obliged to) remind You from time to time of when qualifications may require renewal (subject to Your agreement to this).
38. We rely on the following legal basis for this Processing:
    • That the Processing is necessary for the performance of a contract to which You are a party (You have requested a service from Us and We therefore provide it); and/or
    • We have a legitimate interest in the Processing, being the maintenance of Your records for You, allowing reminders to be generated (if appropriate) and allowing the authenticity of qualifications to be verified by third parties.

(E) Business Contacts

39. We process Personal Data about You to allow us to establish and continue communications with You for the purposes of furthering Your and Our respective business interests.
40. We rely on the following legal basis for this Processing:
    • That the Processing is necessary for the performance of a contract to which We and Your business are a party and in which You are a named contact; and/or
    • We have a legitimate interest in the Processing to further business relations between Us and Your business and/or to otherwise contact You in connection with Our or Your business.

(F) General: Applicable to All

41. If We are required by law (for example for the administration of justice) to Process any Personal Data and/or Special Categories of Personal Data, then We shall, provided We are comfortable that We are required to, undertake such Processing.
42. We may also Process Your Personal Data for the establishment, exercise or defence of legal claims and/or for obtaining professional advice in connection with the same.

SECTION 4 (DATA SHARING)

(A) General Website Use Data Collection

43. Generally, this Personal Data is not shared, but We may from time to time share the information with analytics and search engine providers. If and where We are required by law to share the Personal Data, then We will do so.

(B) Registered and/or Have Been Registered With Us With Us for Either Temporary Labour Supply Services and/or Permanent Recruitment Services

44. Primarily Personal Data collected about You by Us is shared with Our Clients when You are put forward for any opportunity with any Client.
45. If you are using a service company and/or a payroll company, then We will share Personal Data with these organisations to the extent required.
46. Your Personal Data may also be shared with official bodies and other relevant third parties in connection with the obtaining of airside passes.
47. Your Personal Data may also be shared with third parties in connection with making reservations and bookings for You, for example for airline tickets, accommodation, car-hire (which may require the sharing of data about offences).
48. We share limited Personal Data with Our bank in order to facilitate payments to You (where relevant).
49. From time to time, We may wish to share Your Personal Data with third party companies where We believe You may be interested in the services they provide, We will approach You to obtain consent for this before the sharing of any such information.

(C) Not Registered With Us Yet With Us for Either Temporary Labour Supply Services and/or Permanent Recruitment Services

50. Typically, We would not envisage sharing any Personal Data with Our Clients until You are registered with Us, but there may be circumstances where We do so in order to achieve efficiencies. Similarly, in order to assist in achieving such efficiencies, if We need to make reservations on Your behalf and/or obtain visas and/or airside passes and/or make a payment to You, then We may need to share Your Personal Data (as described in paragraphs 44 to 48 (inclusive) above).
51. In order for Your relationship with any payroll company and/or service company to be established, We may need to share Your Personal Data with such organisations.

(D) Users of Our E-Learning Programmes

52. Some of Your Personal Data held on the E-Learning Programme platform will be shared with anyone to whom You have provided a training certificate and who logs on to check its authenticity.
53. The Personal Data held by Us in relation to Our E-Learning Programmes is hosted by a third party and so the Personal Data is shared with them to the extent that it is transmitted to their server, stored and backed up by them (the Personal Data is not accessible by this third party).

(E) Business Contacts

54. Other than as set out in section F below, We do not envisage sharing Your Personal Data.

(F) General – Applicable to All (references to Personal Data in this Section (F) includes Special Categories of Personal Data and criminal convictions and offences details)

55. Where We are required to share any of Your Personal Data with any regulatory body and/or if we are required by any law to provide Personal Data (for example for the administration of justice), then We shall do so.
56. Generally, Our in-house IT Team deal with day to day issues on Our systems, but where there is a more significant issue and/or the IT Team are not able to assist, We do engage third party IT support who may (in very limited circumstances) have sight on Your Personal Data on Our IT Systems.
57. We may use external record keeping systems and back-up Our systems with off-site back-up solutions (and for the purposes of such storage and back-ups Personal Data is accordingly shared with the relevant providers).
58. We may share your Personal Data in connection with the entering into and/or performance of a contract or arrangement to which We are a party or subject. We may also share Your Personal Data with Our professional advisors in connection with any legal matters, claims and/or disputes.
59. We may share Personal Data with companies within Our (the JMC) group.
60. We may share Personal Data with those that You give Us consent to share Personal Data with.
61. Clients, service companies and pay-roll companies and other third parties may be data controllers in their own right with a requirement to determine the purposes and means of processing in connection with Your Personal Data (held by them); You should therefore be aware of any policies they have in connection with this and ensure that You understand the same.

SECTION 5 (TRANSFER OUTSIDE OF THE EEA)

(A) General – Applicable to All

62. Subject to paragraph 64 and 65 below, We do not typically transfer Personal Data outside of the United Kingdom and/or the EEA (referred to together as the “Areas”).
63. If there is any change to the above, We shall update this Data Use Statement accordingly.

(B) Registered and/or Have Been Registered With Us

64. We have Clients who are based outside of the Areas and from time to time there may be opportunities with those Clients for which You may be suitable. We shall alert You when We are considering sharing Your Personal Data with such Clients and usually obtain Your explicit consent in connection with the same. We cannot guarantee that the jurisdictions that such Clients are based in shall have data protection legislation designed to safeguard Your Personal Data in the same manner as that within the Areas and/or that there is an “adequacy decision”, there may therefore be risks associated with transferring Your Personal Data to such jurisdictions.

(C) Not Registered With Us Yet

65. We have Clients who are based outside of the Areas and from time to time there may be opportunities with those Clients for which You may be suitable. We shall alert You when We are considering sharing Your Personal Data with such Clients and usually obtain Your explicit consent in connection with the same. We cannot guarantee that the jurisdictions that such Clients are based in shall have data protection legislation designed to safeguard Your Personal Data in the same manner as that within the Areas and/or that there is an “adequacy decision”, there may therefore be risks associated with transferring Your Personal Data to such jurisdictions.

SECTION 6 (DATA STORAGE)

66. Data protection legislation requires that We keep Your Personal Data only for as long as the purposes we have told You about. Whilst You are actively engaged with Us (for whatever reason), then generally We shall Process Your Personal Data for the relevant purpose as described above. When:

    • a. You are no longer actively engaged with Us; and/or
    • b. there is a particular type of Personal Data We do not need to continue to keep,

Row Number	Data Subject Type	Data held	Retention Period	Reason for Retention
1.	General website user	Information about website visit	Variable (dependent on when browser options cleared by You)	To enhance website use. Clearing of the browser history is withinYour control.
2.	Individual who is actively using Us as an employment business and where there is/has been a supply to a Client/Clients and where We have no reason to keep Personal Data for a longer period*.	Details about payments made (Note: other data is kept and Processed whilst You are actively using Us as an employment business and is then subject to the retention periods in row 3 when you cease to actively use Us).	7 years from the date that a payment was made to You/in respect of You or any longer period required by a contract with any Client.	To allow compliance with taxation legislation; To allow time for any insurance matter/claim to be raised/made; To allow any contractual claims/matters to be raised/resolved; To allow compliance with relevant legislation including Conduct of Employment Agencies and Employment Businesses Regulations 2003.
3.	Individual who has supplied services to a Client/Clients but who is no longer actively using Us as an employment business and who has communicated this to Us (which will be evidenced where We have had notice from You to this effect/You have opted-out of receiving information from Us) and where We have no reason to keep Personal Data for a longer period*.	All Personal Data collected by Us relating to You (subject to any deletion in accordance with row 2 above).	7 years from the date that We last made a payment to You/in respect of You or any longer period required by a contract with any Client.	To allow compliance with taxation legislation; To allow time for any insurance matter/claim to be raised/made; To allow any contractual claims/matters to be raised/resolved; To allow compliance with relevant legislation including Conduct of Employment Agencies and Employment Businesses Regulations 2003.
4.	Individual registered with Us, who has not supplied services to a Client/Clients and who is no longer actively using Us as an employment business and who has communicated this to Us (for example You did not opt-in to receiving information about roles/You told Us did not want to hear about roles/You opted-out) and where We have no reason to keep Personal Data for a longer period*.	All Personal Data collected by Us relating to You.	2 years from the date that You communicated to Us that you did not want to actively use Us as an employment business or any longer period required by a contract with any Client.	To allow compliance with relevant legislation including Conduct of Employment Agencies and Employment Businesses Regulations 2003.
5.	Individual who has contacted Us in relation to our business as an employment business (who We have not supplied) and has not registered with Us and who has communicated to Us that he did not want to actively use Us as an employment business (for example You did not opt-in to receiving information about roles/You told Us did not want to hear about roles/You opted-out) and where We have no reason to keep Personal Data for a longer period*.	All Personal Data collected by Us relating to You.	1 year from the date that You communicated to Us that you did not want to use Us as an employment business or any longer period required by a contract with any Client.	To allow compliance with relevant legislation including Conduct of Employment Agencies and Employment Businesses Regulations 2003.
6.	Individual registered with Us as an employment agency and who is no longer actively using Our services and who has communicated this to Us (which will be evidenced where we have had notice from You to this effect/You have opted-out of receiving information from Us/You did not opt-in) and where We have no reason to keep Personal Data for a longer period*.	All Personal Data collected by Us relating to You.	2 years from the date that You communicated to Us that you did not want to use Us as an employment agency or any longer period required by a contract with any Client.	To allow compliance with relevant legislation including Conduct of Employment Agencies and Employment Businesses Regulations 2003.
7.	Individual who has contacted Us in relation to our business as an employment agency but who has not registered with Us and does not wish to actively use Us and who has communicated this to Us (for example You did not opt-in to receiving information about roles/You told Us did not want to hear about roles/You opted-out) and where We have no reason to keep Personal Data for a longer period*.	All Personal Data collected by Us relating to You.	1 year from the date that You communicated to Us that you did not want to use Us as an employment agency or any longer period required by a contract with any Client.	To allow compliance with relevant legislation including Conduct of Employment Agencies and Employment Businesses Regulations 2003.
8.	Individual who We have not contacted and who has not contacted Us for over 10 years (and there has been no supply and/or any other interaction during that period) and where We have no reason to keep Personal Data for a longer period*.	All Personal Data collected by Us relating to them.	Promptly upon identifying this individual type and or any longer period required by a contract with any Client.	To allow relevant and/or required records to be kept and maintained.
9.	Individual who does not want Us to contact them at all in relation to opportunities when acting as an employment business and/or an employment agency and who no longer falls into one of the rows 3, 4, 5, 6 or 7 above. Individual who was a Business Contact and does not wish Us to contact them.	Name and contact information.	Indefinitely.	Where You have told Us not to contact You (and We have deleted Your details generally), the only way We can be clear that We cannot contact You is if We have a record of Your name and contact details and a note that You are not to be contacted.
10.	Individual who has used E-Learning Programme.	Personal Data stored on the E-Learning platform.	Where there is a Human Factors Initial Certificate, then 50 years, but in all other cases, 10 years from the date that last certificate expired.	To allow any contractual claims/matters to be resolved; To allow certificate authentication from third parties (including regulatory bodies); To allow You to use account after a period of absence if required; To allow Us to contact You with reminders regarding training (if permissible).
11.	Business Contact	Name, contact details (including in some instances home address) and job role.	When We determine that there is no practical benefit to Us retaining Your details, then We shall delete the same.	To allow continued business relations and communications and an understanding of client and customer network and opportunities.
12.	Anyone who sends Us an email and/or receives an email from Us	Email Network Information	90 days	For security and traceability purposes and to monitor email traffic.

* There may be circumstances where We need to retain the Personal Data longer than the stated periods, where for example there is an ongoing claim or there is an internal compliance requirement. Where this is the case (and subject always to paragraph 67 below) the retention period shall be, unless We advise You separately, in the case of an ongoing claim, 7 years after that claim/investigation is finally determined or in all other cases 15 years from the date You communicated to Us You did not wish to be contacted. This is to ensure that a matter is fully resolved, that proper and full records can be kept and ensure compliance with any legal obligations and/or internal audit requirements.

67. If We need to retain any Personal Data because it seems prudent to Us in the case of establishing, exercising or defending legal claims, then insofar as that reason for retaining it remains, We shall retain the Personal Data irrespective of the retention period noted in the table or in paragraph 65.

SECTION 7 (YOUR RIGHTS)

68. You have a number of rights in connection with Our Processing of Your Personal Data and these are listed below. Please contact Our Data Protection Officer (contact details are located earlier on in this Data Use Statement) if You wish to Exercise any of these rights:
    • The right of access.
      • The right to obtain from Us confirmation of whether or not Personal Data is being Processed and, where Personal Data is being Processed, the following information: the purpose of the Processing; the categories of Personal Data concerned; the recipients to whom the Personal Data has been or will be disclosed (in particular recipients in third countries or international organisations); where possible the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from Us rectification or erasure of Personal Data or restriction of processing of Personal Data or to object to such Processing; the right to lodge a complaint with the supervisory authority; where Personal Data is not collected from You, any available information about the source; and the existence (if any) of automated decision making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for You.
      • Where Personal Data are transferred to a third country or international organisation, You have the right to be informed of the appropriate safeguards (if any) pursuant to Article 46 of the GDPR relating to the transfer.
      • We shall if requested provide a copy of the Personal Data being Processed by Us (for any further copies, We may request a reasonable fee based on administrative costs). Where the request is made by electronic means, the Personal Data shall unless You request otherwise be provided to You by electronic means.
    • The right to rectification.
      • The right to obtain from Us without undue delay, the rectification of inaccurate Personal Data, which may include (depending on the purposes of the processing) the right to have incomplete Personal Data completed (including by means of a supplementary statement).
    • The right to erasure.
      • Where any of the following apply, You have the right to obtain from Us the right to erasure of Personal Data without undue delay and We have the obligation to erase the same:
        • the Personal Data are no longer necessary for the purposes for which they are collected or otherwise Processed (please refer to the earlier sections for details of the purposes for which Personal Data is collected and the duration it is retained);
        • You withdraw consent where this has been given as a ground for processing and no other legal ground for Processing exists;
        • You object to processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the Processing, or You object to the Processing under Article 21(2) of the GDPR;
        • The Personal Data have been unlawfully Processed;
        • The Personal Data have to be erased for compliance with a legal obligation to which We are subject;
        • The Personal Data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
      • The right to erasure shall not apply to the extent that any Processing is necessary:
        • For the exercising of freedom of expression and information;
        • For compliance with a legal obligation which requires Us to Process the Personal Data or there is task that We need to carry out in the public interest or in the exercise of official authority;
        • The Personal Data requires Processing in the area of public health for reasons of public interest;
        • For archiving reasons in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) in so far as the exercise of the right to erasure will render impossible or seriously impair the achievement of the objectives of that processing; or
        • For the establishment, exercise or defence of legal claims.
    • The right to restriction of processing.
      • You may request the restriction of Processing by Us when one of the following applies:
        • The accuracy of the Personal Data is contested by You, so Processing is restricted for a period to enable Us to verify the accuracy of the Personal Data;
        • The Processing is unlawful and You oppose the erasure of the Personal Data and instead request restricted use;
        • We no longer require the Personal Data for Our purposes, but they are required by You for the establishment, exercise or defence of a legal claim;
        • You have objected to Processing pursuant to Article 21(1) pending the verification of whether the legitimate grounds of Us override those of You.
    • The right to data portability.
      • You have the right to receive Your Personal Data in a structured and commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance where:
        • The Processing is based on point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or in a contract pursuant to point (b) of Article 6(1) of the GDPR; and
        • The Processing is carried out by automated means.
      • If technically feasible You shall have the right to have this Personal Data transmitted from Us to another controller.
    • The right to object.
      • You have the right to object, on grounds relating to Your situation, at any time to the Processing of Your Personal Data which is based on point (e) or point (f) of Article 6 (1) of the GDPR, including Profiling based on these provisions.
      • Where Your Personal Data is used for direct marketing purposes, You have the right to object to any Processing of Your Personal Data for such marketing, which includes Profiling to the extent its related to such direct marketing.
    • The right not to be subject to a decision based solely on automated processing.
      • You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning You or similarly significantly affects You.
      • If the decision is necessary for the entering into a contract between You and Us, is authorised in law, or is based on Your explicit consent then this right shall not apply.
    • The right to withdraw consent.
      • Where any Processing is based on point (a) of Article 6 of the GDPR or point (a) of Article 9(2) of the GDPR, then You may withdraw consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
    • The right to lodge a complaint to a supervisory authority (this should lodged with the supervisory authority, the Information Commissioner’s Office, and not Our Data Protection Officer). Contact details for the Information Commissioner’s Office can be found at https://ico.org.uk/concerns/. For data subjects based in the European Union and/or for the processing We carry out in the European Union, the relevant supervisory authority is the Maltese one. Contact details can be found here: https://idpc.org.mt/contact/ or telephone +356 2328 7100.

SECTION 8 (GENERAL)

69. Some of the Personal Data We require from you is collected in order to comply with statutory requirements and/or to satisfy contractual obligations of either You and/or Us or permit the entry into a contract. It is the nature of the services that We offer and provide that this information is required and without it, We would not be in a position to be able to engage with You and/or may not be able to provide Our services effectively and/or (in some cases) lawfully.
70. Profiling/Automated Decision Making: We may from time to time use systems that permit the Processing that allows automated decision making, including Profiling. This is only the case in relation to our Temporary Labour Supply Services and will be done generally to demonstrate to Our Clients the efficiency of individuals We have supplied. It is not, at the date of this Data Use Statement, envisaged that this will produce a legal effect concerning You or similarly affect You but where obvious inefficiencies are revealed then these will be reviewed with human interventions and discussion with You – You shall not be subject to automated decision making unless We specifically communicate this with You.
71. Security: We take appropriate technical and organisational measures to protect Personal Data.
72. If there are any areas of this Data Use Statement that You would like clarification on, then please contact Our Data Protection Officer. Similarly, We rely on You to keep Your information current and up to date, so please ensure that information You provide to Us is correct and updated when the need arises.

SECTION 8 (DEFINTIONS)

73. Where We have used definitions, then these are captured below. We suggest that You also review Article 4 of GDPR for their comprehensive list of the terms used in data protection legislation.