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General Data Protection Policy

Jobsearch North West Limited
T/A Jobsearch

  1. Policy

    Jobsearch hold personal data about jobseekers, employees, suppliers and other companies and individuals for the purpose of finding temporary and permanent employment and other associated reasons.

    Herein is detailed how Jobsearch protects personal data and ensures that all “data users” understands the current legislation regarding their use of all personal data they have access to during there working practises. Any new or variations in data processing must only be undertaken following consultation with the current “Data Controller” in order to ensure compliance with current regulations.

  2. Purpose

    The purpose of this policy is to ensure the Data Controller and all Data Users are aware of and apply all current regulations when legally processing personal and or sensitive data when seeking employment positions, whether permanent, temporary or contract, this includes pay role, client, marketing and supplier data.

  3. Data Protection

    Data users when processing personal or sensitive data must follow the following rules at all times. These rules state that personal data must be;

    • Obtained and processed lawfully, that is the subject of the data has given full consent to its collection and specified use.
    • Data held for specific, stated reasons.
    • Adequate for purpose but not excessive.
    • Accurate and current (up to date).
    • Data must be held only for the stated purpose and for the necessary time period. As per Appendix “A”.
    • The subject of the data as the appropriate access.
    • Data must be held, secure from unauthorised access or accidental loss.
  4. Data

    Data Users must;

    • Check, where ever possible, that all data provided by data subjects is current, accurate and relevant.
    • Ensure that data is collected and utilised lawfully, that is wit
    • h the data subjects consent for its collection and application.
    • Up date data held, as and when advised by the data subject.
    • When collecting and processing data, data users must ensure they follow this policies rules and data must only be processed for the purpose of the stated intention.
  5. Security Procedures

    The unauthorised disclosures of data will be subject to the appropriate disciplinary procedures and possible dismissal under the company’s misconduct procedures.

    Data Users involved or responsible for storing personal data, electronically or paper copies must ensure that;

    • All data is held securely
    • Personal data is not disclosed to a third party, orally, electronically or in writing, except for the reason it was lawfully collected.

    Printing of any personal data must be kept to a minimum, however, when kept and not in use it must be stored securely, in a locked facility, drawer or filing cabinet.

    Printed data must be shredded when no longer in use.

    Computerised data must be protected by regularly update passwords, with access to approved Data Users only, any portable devices, “memory Sticks”, I-pads etc, must be kept in a secure location, locked drawer, cabinet or filing cabinet, when not in use.

    Personal data stored on remote servers and or databases must be protected by security software and firewalls, the database provider must ensure all security procedures meet current protection standards.

  6. Access to Information

    Data Subjects have the right to access personal we hold about them, within the scope of current Data protection legislation, this includes, what information is held, how it is processed, how to gain access to the information held, how it is kept up to date and what Jobsearch is doing to comply with current GDPR regulations.

    Access to personnel data requests must be made in writing to the Data Controller, requests will be met as quickly as possible but the data must be provided within one month, subsequent access requests may be denied unless, a reasonable period of time has elapsed between the previous and current requests.

    Data Subjects have the right to portability of data held, such request should be made in writing to the Data Controller, and compliance must within one month.

  7. Third Party Disclosure

    Personnel data will only be shared with a third party for the reason it was lawfully collected, that is for the sourcing of permanent, temporary or contract employment, the processing of payments with in the scope of current HMRC legislation.

    The data controller will seek the Data Subjects consent before any requests from a third party for references are met.

  8. Consent

    Jobsearch will only process and hold personnel information about a Data Subject where explicit consent has been given, if the data is sensitive as defined in the 1998 Data Protection Act, express consent must be obtained.

  9. The Right to Erasure

    Jobsearch has a legal duty to retain personnel data in certain situations, see Appendix “A”, however data will be deleted one year from the last date work finding services have been provided.

    Data subjects have the right at any time to request their personnel data be deleted, unless any of the reasons shown in Appendix 2, such requests must be made in writing and must be complied with as quickly as possible but done within one month.

  10. Data Disposal

    All records containing personnel data will be disposed of as follows;

    • Paper records, shredded
    • Computer recorders, permanently deleted

    Obsolete computer equipment will be subject to clinical erasure procedure prior to disposal.

  11. Data Breaches

    It is the obligation of all Data Users to report any potential, suspected or actual data breaches to the Data Controller, to enable investigation and if necessary remedial steps to be taken to prevent any breach.

    A register of compliance complaint or failure will be maintained

    Any compliance failure, which systematic or material will be reported to the regulatory authorities.

Appendix “A”

Document Type | How long to keep ( source of requirement )

Personnel Records

  1. Work seekers records, including application forms, cvs, id checks, terms of engagement ( see below ), details of assignments, opt out notices and interview notes
    Hirer records including client details, terms of business ( see below ), assignment vacancy details
    • 1 year from the last date of providing work finding services as an Employment Agency / Business ( Conduct of Employment Agencies / Businesses Regulations 2003 )
    • There is no legal requirement to keep records where no action is taken in relation to an application
  2. Terms of engagement with temporary workers and Terms of Business with clients
    • Six years in order to deal with any civil claims in the form of a contractual claim ( Limitation Act 1980 )
  3. Working Time Regulations
    48 hour opt out notice
    Annual leave records
    • Two years from date of creation.
  4. Annual appraisal / assessment records
    • Only as long as necessary
  5. References
    • One year from last date of providing work finding services.
  6. Right to work in the UK
    • Two years after the engagement has ended.

National Minimum Wage documentation

  1. Total pay and hours worked by the worker
    Overtime & shift allowance
    Any deductions
    Absences, sick leave, holiday pay
    Any travel or training during working hours and duration
    Total hours in a referenced pay period
    • For HMRC purposes: 3 years after the end of the referenced period, following the one that the records cover ( National Minimum Wage Act 1998 )
  2. Sickness records, statutory sick pay, maternity, paternity, adoption pay.
    • 3 years from the end of the tax year to which they relate.
  3. Pension auto-enrolment ( auto-enrolment, joining date, pot in / out and contributions paid )
    • 6 years, opt out notices 4 years
  1. Gender pay gap reporting
    • 1 year

Company Financial records

  1. VAT
    • 6 years
  2. Company Accounts
    • 6 years

Payroll information

  1. CIS records
    • 3 years from the end of the tax year
  2. ITEPA ( the intermediaries legislation ) records
    • 3 years

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