Data protection policy

Introduction

This Policy sets out the obligations of Whitehall Resources Ltd, a company registered in England under number 5999991, whose registered office is at 350 The Crescent, Colchester, ESSEX, CO4 9AT (“we”, “us”, “our”)  regarding  data  protection  and  the  rights  of  candidates, clients and employees of WHR (“data subjects”) in respect of their personal data

UK organisations that process personal data are currently bound by two laws: the General Data Protection Regulation (Regulation (EU) 2016/679) (‘EU GDPR’)  and the UK Data Protection Act 2018 (‘UK DPA’). With Brexit now underway, both laws continue to apply until the end of the transition period (31 December 2020).

The EU GDPR will no longer apply directly in the UK at the end of the transition period. However, UK organisations must still comply with its requirements after this point.

First, the UK DPA enacts the EU GDPR’s requirements in UK law. Second, the UK government has issued a statutory instrument – the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, which amends the UK DPA and merges it with the requirements of the EU GDPR to form a data protection regime that will work in a UK context after Brexit. This new regime will be known as ‘the UK GDPR’.

There is very little material difference between the EU GDPR and the proposed UK GDPR

Your rights under the EU GDPR and UK 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 EU/UK GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more  factors  specific  to  the  physical,  physiological,  genetic,  mental,  economic, cultural, or social identity of that natural person.

This Policy sets our obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by us, its employees, agents, contractors, or other parties working on our behalf.

We are committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

 The Data Protection Principles

This Policy aims to ensure compliance with the EU/UK GDPR. The EU/UK GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

  1. processed lawfully, fairly, and in a transparent manner in relation to the data subject;
  2. collected for  specified,  explicit,  and  legitimate  purposes  and  not  further processed in a manner that is incompatible with those purpo Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
  3. adequate, relevant,  and  limited  to  what  is  necessary  in  relation  to  the purposes for which it is processed;
  4. accurate and, where necessary, kept up to dat Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;
  5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the EU/UK GDPR in order to safeguard the rights and freedoms of the data subject;
  6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

The Rights of Data Subjects

The EU/UK GDPR sets out the following rights applicable to data subjects (as discussed in this policy):

  1. the right to be informed;
  2. the right of access;
  3. the right to rectification;
  4. the right to erasure (also known as the ‘right to be forgotten’);
  5. the right to restrict processing;
  6. the right to data portability;
  7. the right to object; and
  8. rights with respect to automated decision-making and

 Lawful, Fair, and Transparent Data Processing

The EU/UK GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The EU/UK GDPR states that processing of personal data shall be lawful if at least one of the following applies:

  1. the data subject has given consent to the processing of their personal data for one or more specific purpose;
  2. the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
  3. the processing is necessary for compliance with a legal obligation to which the data controller is subject;
  4. the processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
  6. the processing is necessary for the purposes of the legitimate interests pursued by the data controller

or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

If the personal data in question is “special category data” (also known as “sensitive personal data”, for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:

  1. the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU  or  EU Member State law prohibits them from doing so);
  2. the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
  3. the processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
  4. the data controller is a foundation, association, or other non-profit body with a political,
  5. philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with  its  purposes  and  that  the  personal  data  is  not disclosed outside the body without the consent of the data subjects;
  6. the processing relates to personal data which is clearly made public by the data subject;
  7. the processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
  8. the processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
  9. the processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the EU/UK GDPR;
  10. the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or
  11. the processing  is  necessary  for  archiving  purposes  in  the  public interest,   scientific   or   historical   research   purposes,   or   statistical purposes in accordance with Article 89(1) of the EU/UK GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Specified, Explicit, and Legitimate Purposes

We collect and process the personal data as set out in this Policy. This includes:

  1. personal data collected directly from data subjects; and
  2. personal data obtained from third parties.

We only collect, process, and hold personal data for the specific purposes set out in this Policy (or for other purposes expressly permitted by the EU/UK GDPR).

Data subjects are kept informed at all times of the purpose or purposes for which we use their personal data. Please see below for further information on keeping data subjects informed.

Adequate, Relevant, and Limited Data Processing

We will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed) as set out herein.

Accuracy of Data and Keeping Data Up-to-Date

We shall ensure that all personal data collected, processed, and held by us is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject, as set out below.

The accuracy of personal data shall be checked when it is collected and at 72 month intervals and when put forward for an interview thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

Data Retention

We shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

For full details of our approach to data retention including retention periods for specific personal data types held by us, please refer to our Data Retention Policy.

Secure Processing

We shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in this Policy.

Accountability and Record-Keeping

Any questions regarding this Policy or any aspect of EU/UK GDPR compliance should be referred to DPO@whitehallresources.co.uk.

We shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

  1. Our name and details and any applicable third-party data processors;
  2. the purposes for which we collect, hold, and process personal data;
  3. details of the categories of personal data collected, held, and processed by us, and the categories of data subject to which that personal data relates;
  4. details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
  5. details of how long personal data will be retained by us (please refer to our Data Retention Policy); and
  6. detailed descriptions of all technical and organisational measures taken by us to ensure the security of personal data.

 Data Protection Impact Assessments

Where required, we shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the EU/UK GDPR.

Data Protection Impact Assessments shall address the following:

  1. the type(s) of personal data that will be collected, held, and processed;
  2. the purpose(s) for which personal data is to be used;
  3. our objectives;
  4. how personal data is to be used;
  5. the parties (internal and/or external) who are to be consulted;
  6. the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
  7. risks posed to data subjects;
  8. risks posed both within and to us; and
  9. proposed measures to minimise and handle identified risks.

 Keeping Data Subjects Informed

Where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection. Where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:

  1. if the personal data is used to communicate with the data subject, when the first communication is made; or
  2. if the personal data is to be transferred to another party, before that transfer is made; or
  3. as soon as reasonably possible and in any event not more than one month after the personal data is obtaine

Nevertheless, the following information shall be provided to ever data subject.

  1. our details;
  2. the purpose(s) for which the personal data is being collected and will be processed (as detailed in this Policy) and the legal basis justifying that collection and processing;
  3. where applicable, the legitimate interests upon which we are justifying our collection and processing of the personal data;
    1. where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
    2. where the personal data is to be transferred to one or more third parties, details of those parties;
    3. where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see below for further details);
    4. details of data retention;
    5. details of the data subject’s rights under the EU/UK GDPR;
    6. details of the data subject’s right to withdraw their consent to ourprocessing of their personal data at any time;
    7. details of  the  data  subject’s  right  to  complain  to  the  Information Commissioner’s Office (the “supervisory authority” under the EU/UK GDPR);
    8. Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
    9. Details of any automated decision-making or profiling that will take place using the personal
    10. data, including information on how decisions will be made, the significance of those decisions, and any consequen

 Data Subject Access

Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which we hold about them, what it is doing with that personal data, and why.

Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

If there are exceptional circumstances that mean we can refuse to provide the information, we will explain them. If requests are frivolous or vexatious, we reserve the right to refuse them. If answering requests is likely to require additional time or occasions unreasonable expense (which you may have to meet), we will inform you.

Rectification of Personal Data

Data subjects have the right to require us to rectify any of their personal data that is inaccurate or incomplete.

We shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing us of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

In the event that anyaffected personal data has been disclosed to  third parties, those parties shall be informed of any rectification that must be made to that personal data.

Erasure of Personal Data

Data subjects have the right to request that we erase the personal data we hold about them in the following circumstances:

  1. it is no longer necessary for us to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
  2. the data subject wishes to withdraw their consent to us holding and processing their personal data;
  3. the data subject objects to us holding and processing their personal data (and there is no overriding legitimate interest to allow us to continue doing so) (see below for further details concerning the right to object);
  4. the personal data has been processed unlawfully;
  5. the personal data needs to be erased in order for us to comply with a particular legal obligation

Unless we have reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

Restriction of Personal Data Processing

Data subjects may request us to cease processing the personal data  we  holds  about  them.  If a data subject makes such a request, we shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

Data Portability

We do not processes personal data using automated means.

Where data subjects have given their consent to us to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between us and the data subject, data subjects have the right, under the EU/UK GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).

To facilitate the right of data portability, we shall make available all applicable personal data to data subjects in the following format:

  1. PDF (Portable Document Format)

Where technically feasible, if requested by a data subject, personal data shall be sent directly to the required data controller.

All requests for copies of personal data shall be complied with within one month of the data subject’s request. The period can be extended by up to two months in the case of complex or numerous

requests. If such additional time is required, the data subject shall be informed.

Objections to Personal Data Processing

Data subjects have the right to object to us processing their personal data based on legitimate interests, direct marketing (including profiling).

Where a data subject objects to us processing their personal data based on its legitimate interests, we shall cease such processing immediately, unless it can be demonstrated that our legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.

Where a data subject objects to our processing their personal data for direct marketing purposes, we shall cease such processing immediately.

Automated Decision-Making

We do not use personal data in automated decision-making processes.

Profiling

We do not use personal data for profiling purposes.

Personal Data Collected, Held, and Processed

The following personal data is collected, held, and processed by us (for details of data retention, please refer to our Data Retention Policy):

Data Ref. Type of Data Purpose of Data
Email address Personal data contact
Postal Address Personal Data contact
Phone Number Personal Data contact
CV Personal Data Job placement
Bank Details Personal Data (required on start role) candidate/candidate company bank details –

Required for contract role only

Copy Passport Personal Data (required on start role) Prove of citizenship – legal requirement
Work Visa Personal Data (required to start role) Prove of right to work – legal requiment
Contracts Personal Data (required on start of role) Confirmation of agreed terms
Utility bill Personal Data (required on start of role) Prove of Address
References Personal Data (required on start of role)

Data Security – Storage

We shall ensure that the following measures are taken with respect to the storage of personal data:

  1. all hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
  2. all personal data stored electronically should be backed up daily with backups stored onsite and offsit All backups should be encrypted;
  3. no personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to us or otherwise without our formal written approval and, in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary; and
  4. no personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on our behalf where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the EU/UK GDPR (which may include demonstrating to us that all suitable technical and organisational measures have been taken).

 Data Security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. For further information on the deletion and disposal of personal data, please refer to our Data Retention Policy.

Data Security – Use of Personal Data

We shall ensure that the following measures are taken with respect to the use of personal data:

  1. No personal data may be shared informally and if an employee, agent, sub- contractor, or other party working on behalf of us requires access to any personal data that they do not already have access to, such access should be formally requested by emailing DPO@whitehallresources.co.uk;
  2. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on our behalf or not, without our authorization;
  3. Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
  4. If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
  5. Where personal data held by us is used for marketing purposes, we shall ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

Data Security – IT Security

We shall ensure that the following measures are taken with respect to IT and information security:

  1. All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbol All software used by us is designed to require such passwords;
  2. Under no circumstances should any passwords be written down or shared between any employees, agents,  contractors, or other parties working  on our behalf, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable m IT staff do not have access to passwords;
  3. All software (including, but not limited to, applications and operating systems) shall be kept up-to-dat Our IT staff shall be responsible for installing any and all security-related updates as soon as reasonably and practically possible, unless there are valid technical reasons not to do so; and
  4. No software may be installed on our computers or devices without our prior approval

 Organisational Measures

We shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

  1. All employees, agents, contractors, or other parties working on our behalf shall be made fully aware of both their individual responsibilities and our responsibilities under the EU/UK GDPR and under this Policy, and shall be provided with a copy of this Policy;
  2. Only employees, agents, sub-contractors, or other parties working on our behalf that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by us;
  3. All employees, agents, contractors, or other parties working on our behalf handling personal data will be appropriately trained to do so;
  4. All employees, agents, contractors, or other parties working on our behalf handling personal data will be appropriately supervised;
  5. All employees, agents, contractors, or other parties working on our behalf handling personal  data  shall  be  required  and  encouraged  to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
  6. Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
  7. All personal data held by us shall be reviewed periodically, as set out in our Data Retention Policy;
  8. The performance of those employees, agents, contractors, or other parties working on our behalf handling personal data shall be regularly evaluated and reviewed;
  9. All employees, agents, contractors, or other parties working on our behalf handling personal data will be bound to do so in accordance with the principles of the EU/UK GDPR and this Policy by contract;
  10. All agents, contractors, or other parties working on our behalf handling personal data must ensure that any and all of their employees who are involved  in  the  processing  of  personal  data  are  held  to  the  same conditions as those relevant employees of ours arising out of this Policy and the EU/UK GDPR; and
  11. Where any agent, contractor or other party working on our behalf handling personal data fails in their obligations under this Policy that party shall indemnify and hold us harmless against any costs, liability, damages, loss, claims or proceedings which may arise out of that fail

Transferring Personal Data to a Country Outside the EEA

We may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.

The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

  1. The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;
  2. The transfer  is  to  a  country  (or  international  organisation)  which provides appropriate safeguards in the form of a legally binding agreement  between  public  authorities  or  bodies;  binding  corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the EU/UK GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
  3. The transfer is made with the informed consent of the relevant data subject(s);
  4. The transfer is necessary for the performance of a contract between the data subject and us (or for pre-contractual steps taken at the request of the data subject);
  5. The transfer is necessary for important public interest reasons;
  6. The transfer is necessary for the conduct of legal claims;
  7. The transfer is  necessary to protect the vital interests of  the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
  8. The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

Data Breach Notification

All personal data breaches must be reported immediately to us.

If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), we must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described above) to the rights and freedoms of data subjects, we must ensure that all affected data subjects are informed of the breach directly and without undue delay.

Data breach notifications shall include the following information:

  1. The categories and approximate number of data subjects concerned;
  2. The categories and approximate number of personal data records concerned;
  3. The name and contact details of our representative where more information can be obtained;
  4. The likely consequences of the breach;
  5. Details of  the  measures  taken,  or  proposed  to  be  taken,  by  us   to   address   the   breach   including,   where   appropriate, measures to mitigate its possible adverse effect