Privacy Notice

Privacy Notice (External)

Martin and Conley Ltd

 

Introduction

We are Martin and Conley Ltd (Registered in England & Wales No. 09522181) of 9 Devonshire Square, London, EC2M 4YF.

 

This Privacy Notice sets out the basis on which we use personal data in the course of our business activities.

 

As a business which relies upon having access to information about Candidates to meet our Clients’ requirements, data is essential to our business. Our systems and processes are designed to ensure that we can provide the best possible service to our clients while operating within the law at all times and protecting individuals’ data privacy rights.

 

We reserve the right to update this Privacy Notice from time to time. Where appropriate, we shall contact you to notify you of any material changes to the Privacy Notice. You should also refer to our website periodically so that you may access and view our updated Privacy Notice. This will ensure that you understand (i) how we are using your personal data and (ii) your legal rights around our usage of such personal data.

 

Who Should Read This Privacy Notice?

This Privacy Notice applies to any living, identifiable individuals about whom we may process personal data in the course of our business activities. You should read this Privacy Notice if you are a:

 

  • Candidate
  • Client Contact
  • Referee
  • Supplier Representative

 

Please note that, in some cases, you will fall into more than one of the above categories.

 

If you are an employee, applicant for employment or in-house temporary worker, you should refer to our internal Privacy Notice instead.

 

Definitions

 

This Privacy Notice uses the following defined terms:

 

Candidate means a person who is recorded in Martin and Conley’s records as seeking or potentially suitable for an engagement with a Client. This includes individuals who are not actively seeking a new role but who are in contact with Martin and Conley about potential opportunities which may be of interest from time to time.

 

Client means a business which has engaged Martin and Conley to provide services or which Martin and Conley has identified as a business for which Martin and Conley wishes to perform services.

 

Client Contact means a person who is employed or engaged by a Client and with whom Martin and Conley may liaise in respect of any services which Martin and Conley is providing or wishes to provide to the Client. In some cases, the Client Contact and the Client may be the same person e.g. where a Client is a sole trader.

 

Data Protection Legislation means (i) the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

 

Referee means a person who has provided to Martin and Conley a written or verbal opinion in respect of the work history, skills, competency and/or experience of a Candidate;

 

Supplier means a business which provides services to Martin and Conley and which may process personal data relating to any Candidate, Client Contact or Supplier Representative in the course of performing such services.

 

Supplier Representative means a person who is employed or engaged by a Supplier and with whom Martin and Conley may liaise from time to time in respect of the services which are provided by that Supplier.

 

Third-Party Services Provider means any relevant third-party business which provides services to Martin and Conley, including our:

 

  • Professional advisers including accountants, tax advisors and lawyers;
  • Insurers;
  • IT services providers and software providers;
  • Independent consultants and subcontractors

 

How We Obtain Personal Data

We obtain personal data from a number of different sources, depending on the capacity in which you are dealing with us.

 

If you are a Candidate, we may obtain personal data relating to you:

 

  • Directly if you have:
    • applied for a Client vacancy through us
    • uploaded your CV through our website
    • asked us to provide any work-finding services to you
    • engaged with us through any networking activities or events
    • had any discussions with us about finding alternative employment

 

  • Indirectly from:
    • online professional networking sites such as LinkedIn
    • social networking sites such as Facebook or Twitter
    • job boards such as Jobsite, CV Library, Totaljobs, Linkedin Recruiter, Reed, CWjobs
    • referees who provide information about your employment experience and their opinion as to your skills and aptitude
    • your employer’s website and other industry-related websites
    • business information directories
    • online industry databases such as the Construction Industry Training Board
    • where appropriate, third-party background checking services such as the Disclosure & Barring Service

If you are a Client Contact or Supplier Representative, we may obtain personal data relating to you:

 

  • Directly in the course of (i) us providing services to the Client or (ii) the Supplier providing services to us, as applicable; or
  • Indirectly from:
    • online professional networking sites such as LinkedIn
    • your employer’s website and other industry-related websites
    • business information directories
    • other individuals within your organisation in the course of (i) us providing services to the Client or (ii) the Supplier providing services to us, as applicable.

 

If you are a Referee, we may obtain personal data relating to you:

 

  • Directly from you in the course of any communications between us; or
  • Indirectly from the Candidate who has nominated you as his or her Referee

 

Types of Information We Hold

 

If you are a Candidate, we may collect, store and process the following types of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and email addresses;
  • Your gender, date of birth, nationality and place of residence;
  • Your professional skills and experience;
  • Your qualifications, training and certifications;
  • Proof of your right to work in the United Kingdom such as copies of your passport and, where applicable, visa, residence permit or similar government documents;
  • Proof of your identity and address, such as copies of your driving licence, utility bills or similar documents;
  • Information about your current or most recent role, including your job title, department, reporting line, responsibilities, salary, benefits and notice period;
  • Your motivation and reasons for seeking new employment;
  • Any information within your CV or any application document which a Client may require you to complete;
  • Any background information which you provide to us during the course of your dealings with us;
  • Details of any Clients to whom you have been introduced by us;
  • Details of any interviews which you have attended and our Clients’ feedback on those interviews;
  • Details of any position which you take up with a Client, including your role, duties, remuneration, department and location;
  • If you provide any services on a freelance basis:
    • Details of any limited company through which you contract and the nature of your relationship with that company;
    • Information about the days and times which you have worked;
    • Your bank details, tax code and National Insurance Number; and
    • Information about any services which you have carried out, including any comments, feedback and issues relating to such services.

 

We may also collect, store and use the following "special categories" of more sensitive personal information:

  • Information about your race or ethnicity;
  • Information about your health, including any medical condition, health and sickness records; and
  • Information about criminal convictions and offences.

 

If you are a Client Contact, we will collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and email addresses;
  • Your job title and position within the Client organisation; and
  • Any background information relating to your personal circumstances, your work history and the role which you perform within the Client which you may provide to us in the course of your dealings with us.

 

We do not collect, store or use any “special categories” of sensitive personal information if you are a Client Contact.

 

If you are a Referee, we will collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and email addresses;
  • Your job title and position within your employer; and
  • Any background information which you may provide to us in the course of your dealings with us.

 

We do not collect, store or use any “special categories” of sensitive personal information if you are a Referee.

 

If you are a Supplier Representative, we will collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and email addresses;
  • Your job title and position within the Supplier organisation; and
  • Any background information relating to the role which you perform within the Supplier which you may provide to us in the course of your dealings with us.

 

We do not collect, store or use any “special categories” of sensitive personal information if you are a Supplier Representative.

 

How We Use Personal Data

If you are a Candidate, we may use your personal data to:

 

  • Assess and verify your potential suitability for employment with a Client;
  • Contact you in relation to any potential employment opportunities with a Client;
  • Introduce you to our Clients and potentially arrange for you to fill a Client vacancy;
  • Stay in regular contact with you to understand your current position, career aspirations and motivation for finding new employment;
  • Where applicable, make payments to you or arrange for any third-party company through which you may contract to make payments to you;
  • Contact you to ask for a referral;
  • Produce anonymised statistical data;
  • Comply with our legal obligations, defend or bring any legal proceedings and prevent fraud or any other crime;
  • Conduct equal opportunities monitoring.

 

If you are a Client Contact, we may use your personal data to:

  • Contact you to obtain information about our Client’s requirements;
  • Liaise with you so that we may effectively perform the services to our Client;
  • Obtain a reference for a Candidate;
  • Contact you for invoicing and credit control purposes;
  • Provide you with statistical information about your industry sector;
  • Comply with our legal obligations, defend or bring any legal proceedings and prevent fraud or any other crime.

 

If you are a Referee, we may use your personal data to:

 

  • Contact you to obtain a reference on a Candidate;
  • Provide a copy of the reference to our Client;
  • Comply with our legal obligations, defend or bring any legal proceedings and prevent fraud or any other crime.

 

If you are a Supplier Representative, we may use your personal data to:

  • Liaise with you in respect of the services which are being provided by the Supplier;
  • Contact you in relation to billing matters;
  • Comply with our legal obligations, defend or bring any legal proceedings and prevent fraud or any other crime.

 

Our Lawful Basis for Processing Data

We have determined that we have a legitimate interest to process your personal data where you are:

 

  • A Candidate, on the basis that it is necessary for us to maintain a database of individuals who are (i) actively seeking new employment with a Client or (ii) potentially suitable for employment with a Client. By processing your personal data and contacting you from time to time, we are able to gain an understanding of your current role (where applicable), your skills and experience, and your career aspirations. Our processing of your personal data is therefore of benefit to:
  • You, as it assists us to identify new employment opportunities about which you might not otherwise been aware and to give general advice and guidance in support of your career development;
  • Our Clients, who rely on us to have access to suitable, pre-qualified candidates who can fill their requirements; and
  • Us, as we are a business which relies upon being able to introduce Candidates to our Clients
  • A Client Contact, on the basis that we need to be able to contact and interact with the individuals who are employed or engaged by our Clients. This will allow us to effectively provide services to them, better understand their requirements and generate revenue for our business.
  • A Referee, on the basis that we are generally required to obtain references to comply with our contractual obligations to third parties and, in some instances, we are under a legal obligation to do so. It is therefore necessary and reasonable for us to process personal data relating to you strictly for compliance with these obligations.
  • A Supplier Representative, on the basis that we need to be able to contact and interact with the individuals who are employed or engaged by our Suppliers. This will allow us to ensure that our Suppliers provide us with the best possible service which, in turn, is of direct benefit to both our Candidates and our Clients.

 

Our Lawful Basis for Processing Sensitive Personal Data

 

[If you are a Candidate, we may also need to process sensitive personal data relating to you. In this event, we will ask for your consent to process this type of data. You are free to decline such consent but it may affect the scope of the services which we can provide to you and the roles for which you may be submitted.]

 

OR

 

[If you are a Candidate, we may also need to process sensitive (special) personal data relating to you. The type of sensitive personal data which we might process includes (i) information about any medical conditions or disability insofar as they are relevant to the type of work which you are proposing to carry out (ii) information about any unspent criminal convictions and, where relevant to the type of role which you are carrying out, spent convictions, police warnings etc and (iii) information about any trade union of which you are a member (but only insofar as it relates to an employment claim or pay and working conditions on a client site).

 

[We are acting as an employment agency and/or an employment business in our dealings with you. In accordance with Article 9 (2)(b) of the GDPR, this sensitive personal data is necessary in the field of employment. i.e. it is required for performing our obligations as an employment agency or employment business and is used solely for this purpose. Any sensitive personal data shall be held strictly in accordance with our policies on data retention and sensitive personal data.

 

We may also process equal opportunities information relating to you. This shall be anonymised and it is not therefore personal data within the meaning of the Data Protection Legislation.]

 

Where We Process Personal Data

Your personal data is held and processed by us in the United Kingdom.

 

We have put in place appropriate safeguards to ensure that your data is only transferred to jurisdictions with enforceable data subject rights and effective legal remedies in respect of data privacy breaches. We will therefore only transfer your personal data to jurisdictions outside of the EEA where:

 

  • There are binding corporate rules in place regarding the transfer of such data within the Group, in accordance with Article 47 of the GDPR. This means that the data transfer is between group companies and those group companies have agreed to share that data in accordance with the rules specified by the European Commission.
  • The European Commission has made an adequacy decision in respect of such jurisdiction. This means that the European Commission has pre-approved the data privacy regime in the relevant non-EEA country. At present, the European Commission-approved jurisdictions are Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and the US (limited to the Privacy Shield framework).
  • The transfer of data is subject to the model contractual clauses adopted by the European Commission. This means that we have a data-sharing agreement in place which complies with the requirements set out by the European Commission; or
  • You have expressly given informed consent to the transfer of such data. This means that you have not only agreed to the transfer but have done so in the knowledge that your data may be transferred to a jurisdiction which does not give you the same degree of protection as you have within the EEA.

 

 

Parties with Whom We May Share Data                                                            

If you are a Candidate, we may share your personal data for legitimate purposes with:

 

  • A Client where you have expressed an interest in being introduced to such Client or are being supplied to such Client on an assignment;
  • Any third-party which is engaged by the Client to assist them in the recruitment process including a managed service company, Recruitment Process Outsourcing provider or IT platform provider;
  • A third-party company through which you are contracting;
  • A third-party company to which you have specifically asked to be introduced or referred, such as an insurance company or intermediary (umbrella) company;
  • Background checking services such as the Disclosure & Barring Service;
  • Industry bodies such as the Construction Industry Training Board and any similar organisations which are relevant to the market sector in which you work;
  • Third-Party Services Providers who in some cases may use their own subcontractors and sub-processors;
  • Our connected or associated companies;
  • Our bankers and recruitment finance providers;
  • Governmental departments and agencies where we are permitted or required by law to do so.

 

We may also share your personal data with Clients on an anonymised basis where we have agreed to provide general statistical information to such Clients.

 

If you are a Client Contact, we may share very limited data relating to you with a Candidate where such sharing is strictly required for the recruitment process e.g. so that the Candidate may contact you directly. We will also share your personal data with Third-Party Services Providers for legitimate business purposes.

 

If you are a Referee, we will share with our Clients the details of any reference which you may give. We will usually provide your name, job title and employer name when doing so. In some circumstances and only when you have agreed to such disclosure, we will provide your contact details so that our Client may verify the reference or ask for further information. We will also share your personal data with Third-Party Services Providers for legitimate business purposes.

 

If you are a Supplier Representative, we will share your personal data with other Third-Party Services Providers for legitimate business purposes.

 

Our Website

If you interact with our website at www.martinandconley.com, we may process information relating to your usage of the website. However, unless you are submitting information through our website as a Candidate or Client Contact, the information which we process is anonymised and not therefore personal data within the meaning of the Data Protection Legislation.

 

Automated Decision Making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention.

 

All decisions which are made in the course of our business processes involve human intervention. We do not therefore expect to make any decisions about you using automated means, whether you are a Candidate, Client Contact, Referee or Supplier Representative.

 

Data Security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the Data Protection Manager.

 

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

 

 

Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

Our standard data retention period is two years from the last date on which we are in actual contact with you i.e. where we actually speak with you or exchange correspondence. After this time, we will usually delete your personal data from our records.

 

Where we are required to keep any information (i) for auditing or compliance purposes (ii) to comply with our contractual obligations to third parties or (iii) in respect of any potential or actual legal proceedings, we shall keep your data for as long as is strictly necessary for these purposes, which is typically for seven years in total. This usually applies in particular to Candidates who we have placed with Clients.

 

In some circumstances we may completely anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

 

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

 

Your rights in connection with personal information. Under certain circumstances, you have the right to:

 

  • Request access to your personal information (a Subject Access Request). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. You will not usually have to pay a fee to access your personal information but we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed or you have objected to the processing and there is no overriding legitimate interest for continuing the processing.
  • Object to processing of your personal information where we are relying on a legitimate interest and you object on “grounds relating to your particular situation.”
  • Request the restriction of processing of your personal information. This enables you to ask us to block or suppress the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it or if you have also objected to the processing as above.
  • Request the transfer of your personal information to another party when the processing is based on consent and carried out by automated means. This right is not usually applicable to any data processing carried out by Martin and Conley.

 

If you want to exercise any of the above rights, please contact the Data Protection Manager in writing. We will consider your request and confirm the actions which we have taken in response to such request.

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is an appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

 

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Protection Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. We will confirm the actions which we have taken in respect of any such request.

 

If you are unhappy with any aspect of the manner in which we have processed your personal data or dealt with your decision to exercise any of the rights set out in this section, you have the right to complain to the Information Commissioners Office in the United Kingdom. Their details are:

 

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745

Email: casework@ico.org.uk

 

Contacting Us

If you have any questions about this Privacy Notice, you can write to the Data Protection Manager at Martin and Conley Limited, 9 Devonshire Square
London EC2M 4YF. Alternatively, you may telephone us on 02035982700 or email us at info@martinandconley.com

 

Subject Access Request Procedure

 


About This Procedure                                 

This Subject Access Request Procedure sets out Martin and Conley’s procedures in relation to any Subject Access Request which Martin and Conley may receive from a Data Subject.

The Data Protection Manager is responsible for overseeing this procedure. Any questions about the operation of this procedure should be submitted to the DPM.

Receiving A Request

Data Subjects have the right to request access to their personal data processed by Martin and Conley. Such requests are called subject access requests (SARs).

When a Data Subject makes an SAR, Martin and Conley shall take the following steps:

(a)            log the date on which the request was received (to ensure that the relevant timeframe of one month for responding to the request is met);

(b)            confirm the identity of the Data Subject who is the subject of the personal data. For example, Martin and Conley may request additional information from the Data Subject to confirm their identity;

(c)            search databases, systems, applications and other places where the personal data which are the subject of the request may be held; and

(d)            confirm to the Data Subject whether or not personal data of the Data Subject making the SAR are being processed.

Charges

Martin and Conley shall not usually charge a fee to the Data Subject for carrying out a SAR (i.e. as the previous statutory £10 fee is no longer in force.)

If the SAR is manifestly unfounded or excessive, for example, because of its repetitive character, Martin and Conley may charge a reasonable fee, taking into account the administrative costs of providing the personal data.

Provision of Information

If personal data of the Data Subject are being processed, Martin and Conley shall provide the Data Subject with the following information in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in writing or by other (including electronic) means:

(a)            the purposes of the processing;

(b)            the categories of personal data concerned (for example, contact details, bank account information and details of sales activity);

(c)            the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients overseas (for example, US-based service providers);

(d)            where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(e)            the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data or to object to such processing;

(f)             the right to lodge a complaint with the Information Commissioner's Office (ICO);

(g)            where the personal data are not collected from the Data Subject, any available information as to their source;

(h)            the existence of automated decision-making and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Data Subject; and

(i)       where personal data are transferred outside the EU, details of the appropriate safeguards to protect the personal data.

Martin and Conley shall also, unless there is an exemption, provide the Data Subject with a copy of the personal data processed by Martin and Conley in a commonly used electronic form e.g. PDF documents, unless the Data Subject either did not make the request by electronic means or has specifically requested not to be provided with the copy in electronic form. Martin and Conley shall usually submit the data to the Data Subject within one month of receipt of the request.

Before providing the personal data to the Data Subject making the SAR, Martin and Conley shall review the personal data requested to see if they contain the personal data of other Data Subjects. If they do, Martin and Conley may redact the personal data of those other Data Subjects prior to providing the Data Subject with their personal data, unless those other Data Subjects have consented to the disclosure of their personal data.

Extending the Time to Respond

If the request is complex, or there are a number of requests, Martin and Conley may extend the period for responding by a further two months. If Martin and Conley extend the period for responding Martin and Conley shall inform the Data Subject within one month of receipt of the request and explain the reason(s) for the delay.

Refusing A Request

If the SAR is manifestly unfounded or excessive, for example, because of its repetitive character, Martin and Conley may refuse to act on the request.

If Martin and Conley is not going to respond to the SAR, Martin and Conley shall inform the Data Subject of the reason(s) for not taking action and of the possibility of lodging a complaint with the ICO.

 

Data Retention & Erasure Policy

 

About This Policy

This Data Retention & Erasure Policy (External) relates specifically to Candidates, Referees, Client Contacts and Supplier Representatives (Data Subjects).

For information about data retention relating to Applicants and Employees, you should refer to our Data Retention Policy (Internal) which may be viewed at URL.

The policy is intended to ensure that Martin and Conley processes its business records in accordance with the personal data protection principles, in particular that:

 ·              Personal data must be collected only for specified, explicit and legitimate purposes. It must not be further processed in any manner incompatible with those purposes.

 ·              Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. When personal data is no longer needed for specified purposes, it is deleted or anonymised as provided by this policy.

 ·              Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

 ·              Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.

 ·              Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

The Data Protection Manager (DPM) is responsible for overseeing this policy. Any questions about the operation of this policy should be submitted to the DPM.

Location of Business Records

Our business records are mainly stored within our CRM/database, NAME. We may also store relevant information:

-          On our internal network in shared folders;

-          In cloud-based storage services such as OneDrive and Dropbox.

Keeping Information Up to Date

Martin and Conley needs to ensure that our business records are kept up to date and accurate. Our employees are trained to update Data Subjects’ records whenever appropriate to ensure that (i) the data is up to date and (ii) all relevant employees are able to access and use such data for legitimate business purposes.

General Principles on Retention & Erasure

Martin and Conley's approach to retaining business records is to ensure that it complies with the data protection principles referred to in this policy and, in particular, to ensure that:

·              Business records are regularly reviewed to ensure that they remain adequate, relevant and limited to what is necessary to be used for the purpose for which they were recorded.

·              Business records are kept secure and are protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.

·              When records are destroyed, whether held as paper records or in electronic format, Martin and Conley will ensure that they are safely and permanently erased.

Standard Retention & Erasure of Business Records

1.       Martin and Conley’s standard data retention period is two years from the last date on which Martin and Conley was in actual contact with the relevant Data Subject. If more than two years have elapsed since the Martin and Conley was last in contact with the Data Subject (Expiry Date), Martin and Conley’s process is to delete the personal data relating to such Data Subject, subject to paragraph 2 below.

2.       If the Data Subject is a Candidate who Martin and Conley has placed in a permanent or temporary role with a Client, Martin and Conley will usually retain the Candidate’s personal data for a period of seven years from the date on which the Candidate was placed with the Client (Legal Retention Period). The reasons for the Legal Retention Period are:

a.       That the usual contract limitation period is six years and Martin and Conley could be required to defend itself against a breach of contract claim at any time during the limitation period. Certain personal data may be subject to an extended limitation period of up to twelve years in total where the relevant agreement has been executed as a Deed.

b.       It is a common provision in Client agreements that Martin and Conley must for a period of not less than six years retain complete records of the recruitment activities which were carried out in the course of performing the contract; and

c.        Where Martin and Conley has placed the Candidate in a temporary role, Martin and Conley is required by HMRC to retain a full audit trail of payments and receipts in respect of such temporary supply for the remainder of the relevant financial year plus a further six years i.e. up to seven years in total.

3.       Where the Expiry Date has passed but Martin and Conley is required to keep relevant data for the Legal Retention Period:

a.       Any personal data which is not needed for audit or legal defence purposes should be removed from the Data Subject’s record. This includes personal data which is (i) irrelevant and/or (ii) particularly confidential in nature.

b.       The Data Subject’s data shall not be used in the course of usual recruitment activities but shall instead be marked as Archived/Pending Deletion for the remainder of the Legal Retention Period.

c.        Contact between the Data Subject and Martin and Conley may be re-established. In such event, the Data Subject’s record may be marked as Active once again but any irrelevant and/or expired data should still be removed from the business record to ensure that it remains up to date and relevant.

4.       In some instances, a Data Subject’s record will not pass the Expiry Date because Martin and Conley stays in regular contact with such Data Subject. Although the record itself shall not expire under these circumstances, Martin and Conley shall take active steps to ensure that the personal data within the Business Record remains relevant and necessary for the purpose for which it was obtained. Martin and Conley shall delete any documents, notes and other types of personal data which are no longer required.

Erasure/Right To Be Forgotten Requests

A Data Subject may submit a request for erasure of their details from time to time (Erasure Request) i.e. the right to be forgotten.

Upon receipt of an Erasure Request, Martin and Conley shall first verify the identity of the Data Subject and then establish whether the Data Subject wishes (1) to be entirely deleted from Martin and Conley’s business records or (2) to remain within the Martin and Conley’s business records but marked as Non-Active or Do Not Contact.

(1)     Erasure. If the Data Subject wishes to have their personal data erased:

a.       Martin and Conley shall process such request in accordance with the Data Subject’s instructions but Martin and Conley shall advise the Business Record that they may have no record of the Erasure Request and may therefore contact the Data Subject again upon subsequent receipt of the Data Subject’s details from a third party source e.g. a job board, CV search or LinkedIn.

b.       Martin and Conley shall ensure that any (i) joint Data Controller or (ii) third party which is processing relevant Data Subject’s data on behalf of Martin and Conley is informed that Data Subject has made an Erasure Request and takes appropriate steps to comply with such Erasure Request.

c.        Martin and Conley shall within one month of receiving the Erasure Request, confirm the outcome of such Erasure Request. Where Martin and Conley has a legal right or duty to retain certain data for the Legal Retention Period set out above, Martin and Conley shall confirm to the Data Subject in writing the steps which it has taken in respect of the Erasure Request and the extent to which any data has been retained.

d.       If the request is manifestly unfounded or excessive, for example, because of its repetitive character, Martin and Conley may charge a reasonable fee, taking into account the administrative costs of erasure, or refuse to act on the request.

e.       If Martin and Conley is not going to respond to the request, Martin and Conley shall inform the Data Subject of the reasons for not taking action and of the possibility of lodging a complaint with the ICO.

(2)     Do Not Contact. If the Data Subject wishes to have their record marked as Do Not Contact:

a.       Martin and Conley shall establish whether the Do Not Contact request is for a limited or indefinite period. Martin and Conley shall record the Data Subject’s decision in the relevant business record.

b.       Once marked as Do Not Contact, the Data Subject’s record shall then be subject to Martin and Conley’s standard data retention procedures and may be deleted after two years or more of inactivity, subject to any legal right or duty upon Martin and Conley to retain the data for the Legal Retention Period.