We at Blackwater Recruitment Ltd (“BWR”) are committed to protecting the privacy of our candidates, clients and users of our website. When you use BWR, you trust us with your information and we are committed to preserving that trust and providing a safe and secure user experience. We will ensure that the information you submit to us via our website or through any of our offices is only used for the purposes set out in this Data Privacy Notice. The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) replaced the Data Protection Regulation (Directive 95/46/EC) from 25 May 2018. The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate. Your rights under the GDPR are set out in this notice, please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The Data Controller is Blackwater Recruitment Ltd (BWR) a company registered in the UK: Company Number 15485662 Address: BWR, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ The Data Controller’s data protection representative is the Head of Support Services You can contact them at gdpr@blackwaterrecruitment.com Blackwater Recruitment Ltd is curerntly awaiting registration as a Data Controller with the Information Commissioner’s Office. Any reference to our Group means our subsidiaries, our ultimate holding company and its subsidiaries, our associated companies as defined in section 1159 of the UK Companies Act 2006 (our Group)
Personal data is data that can identify you as a living individual. There is general personal data such as name, address, National Insurance number and online identifiers/location data. There is also sensitive personal data which includes information on physical and mental health, sexual orientation, race or ethnic origin, religious beliefs, trade union membership and criminal records. Sensitive personal data must be protected to a higher level.
BWR is a recruitment agency and recruitment business as defined in the Employment Agencies Act 1973 (our business). We also provide training, event organisation and 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 or temporary roles; Prospective and live client contacts (including referee contacts provided by candidates); Supplier contacts to support our services; Employees, consultants, temporary workers and contractors; You may have applied directly to us 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. There are six legal bases for processing data but we will rely on (1) your consent to send direct marketing messages about services other than our recruitment services, (2) that the processing is necessary for the performance of a contract with you, or (3) that we have a legitimate interest in processing your personal data.
We collect information about you to carry out our core business and ancillary activities.
This section applies to individuals wishing to use or using our Recruitment Services or looking for a role to work with us (‘a candidate’):
The personal data we collect or receive includes the following as applicable:
Name Address 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 Contact details of referees Personal information relating to hobbies, interests and pastimes Information contained in references and pre-employment checks from third parties Other sensitive personal information such as health records (see ‘Sensitive Personal Data’ section below) Your marketing 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 Other candidates 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 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 Engaging you for a role with us or with our Clients, including any related administration e.g. timesheets and payroll 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 To market our Recruitment Services 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 contract if we are negotiating or have entered into a placement 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). Automated decisions We may use software 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, e.g. an engineer and exclude individuals whose characteristics do not match particular requirements of a job role. Where we use software to assist us with our assessment of your suitability for a particular job role and you consider that any such assessment has been made wrongly or incorrectly, you may ask for an explanation. 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 and address. A contract will also contain obligations on both your part and our part and we shall process your data as is necessary for the purpose of those in order to process payroll on your behalf. 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 of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things requires us to: Verify your identity Assess your suitability for an external job role Maintain records for specific periods Where we engage a person to work for us (whether directly or as supplied to a Client), 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 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 personalise your experience and our offering, whether via our website or otherwise 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. 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. 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 marketing updates on some of our additional services. You may withdraw your consent to our processing of your personal information 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. 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 4 ‘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 Insurers Section 2: This section applies where you are an individual working for a third party (such as a client employer) with whom we have dealings. We may collect your personal data in the course of our dealings and this may include the following: Your contact information, which may include your full name, job role, contact telephone number and email Your statements and opinions about candidates and/or other personnel e.g. a reference Information relating to our relationship with you or the party for whom you work including records of any meetings or discussions Your marketing preferences We may obtain your personal data from the following sources (please note that this list is not exhaustive): You, including where you have provided us with your contact details or other information for the purposes of using our Recruitment Services Staff or other representatives of the organisation you represent Candidates Marketing databases Social media The public domain Conversations, with you or others, on the telephone or video conferencing (which may be recorded) or in meetings Notes following a conversation, with you or others, or meetings you attend How we will use your personal data: We will process your personal data in the context of our dealings with the third party for whom you work and as part of our Recruitment Services. Processing may include: Collecting and storing your personal data, whether in manual or electronic files Using the data to communicate with you Sending information to third parties with whom we have or intend to enter into arrangements which are related to our Recruitment Services Actions necessary to further any obligation on us pursuant to a contract between ourselves and the third party you work for Collating market or sector specific information and providing the same to our clients Providing information to regulatory authorities or statutory bodies and our legal or other professional advisers including insurers Retaining records of our dealings with you and the organisation whom you represent Establishing quality, training and compliance with our obligations and best practice Why we process your personal data: 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 of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things requires us to assess suitability of candidates and obtain information from Clients. We are also required to comply with statutory and regulatory obligations relating to business generally, for example tax, bribery and fraud/crime prevention legislation, and co-operating with regulatory authorities such as HMRC. Our legitimate interests (carrying on the commercial activity 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: For our commercial viability and to pursue these legitimate interests, we may continue to process your personal information for as long as we consider reasonably appropriate for these purposes. Using your personal data: to contact you regarding our Recruitment Services to assess suitability of Candidates and roles, for example, referencing or other feedback to collate market information or trends including providing analysis to potential or actual Clients as otherwise necessary to provide our Recruitment Services and/or to meet our obligations towards either the party whom you represent, or other Clients or suppliers to personalise your experience and our offering, whether via our website or otherwise 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 Consent 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 have provided your contact details in order that we may use these to provide you with details of our additional services, you may have consented to our processing of the data for that purpose. In other cases, you may have provided your written or verbal consent to the use of your data for a specific reason, for example for requesting references from you. You may withdraw your consent to our processing of your personal data for a particular purpose at any stage. Please see Section 4 ‘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 for the purposes of finding and filling job roles. This may include obtaining personal data from sources including job boards, advertisements, LinkedIn or other social media, 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 data 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 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 for 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 seeIf you have any enquires you can contact us at: gdpr@blackwaterrecruitment.com or by writing to us at:
Head of Compliance
Blackwater Recruitment Ltd
71-75 Shelton Street
Covent Garden
London
United Kingdom
WC2H 9JQ
Feel free to drop us a line, we typically respond within two working days.
© Blackwater Recruitment Ltd registered in England & Wales company number 15485662.