THIRD WAY RECRUITMENT LIMITED and MONTRESOR RECRUITMENT LIMITED PRIVACY NOTICE FOR CLIENTS AND CANDIDATES
We are committed to respecting your privacy. This privacy notice is to explain how we may use personal information we collect before, during and after your working relationship with us. This notice is quite detailed so that our use of your personal data, where it may be obtained from and who it may be passed to are as transparent as possible.
This privacy notice applies to potential, current and former candidates, who we have either placed into a role (temporary or permanent) or who have contacted us/we have contacted about a prospective job role. They are referred to throughout this privacy notice as candidates. If you are a temporary worker employed by us then also our standard employee privacy notice will apply to you as well as this privacy notice.
This privacy notice also applies to potential, current and former clients of ours who are individuals or their representatives where they are organisations, with whom we are looking to place temporary or permanent workers. They are referred to as clients throughout this privacy notice. This privacy notice does not form part of any contract to provide services or contract of employment.
This privacy notice also applies to potential, current and former candidates who we may be looking to recruit ourselves to work as our permanent employees. In this case we would be fulfilling the role of the client.
References to we, our or us in this privacy notice are to Third Way Recruitment Limited and Montresor Recruitment Limited. Both companies are under common control. Details of these companies are as follows:
Third Way Recruitment Limited is a limited company incorporated in England and Wales. Registered Number: 10399058. Registered Office: Chaddesley Sanford, 3rd Floor 3 Fitzhardinge Street, London, England, W1H 6EF.
Montresor Recruitment Limited is a limited company incorporated in England and Wales. Registered Number: 08144925. Registered Office: Chaddesley Sanford, 3rd Floor 3 Fitzhardinge Street, London, England, W1H 6EF.
We are the data controller of your personal information. Often we will each be a separate data controller of your personal information. However there may be cases where both of the companies referred to above are joint data controllers of your personal information because they are jointly using the same source or means of processing your personal information, for example if both utilised a shared database.
We have not appointed a Data Protection Officer to oversee our compliance with data protection laws as we not required to do so, but our Data Protection Compliance Manager has overall responsibility for data protection compliance in our organisation. Contact details are set out in the "Contacting us" section at the end of this privacy notice.
1. TYPES OF PERSONAL INFORMATION
If you are a candidate in order to support your career aspirations and source new job opportunities for you, you may provide us with or we may obtain personal information about you, such as information regarding your:
- personal contact details such as name, title, addresses, telephone numbers, social media handles, personal email addresses and Skype account contact details;
- passport/driving licence details (including copies where we are required to hold such information for identification purposes), date of birth, gender and other personal identifiers;
- employment history and location of current workplace, salary, annual leave, pensions and benefits entitlement;
- attendance at any events we host or organise;
- records of your interactions with us such as telephone conversations, emails and other correspondence and your instructions to us;
- recruitment records including references and other information included in a CV, cover letter or as part of the application process) and activities (including information about interviews, jobs applications and offers and right to work information);
- any tax or other government identifiers;
- your marketing preferences so that we know whether and how we should contact you;
- details about how you use our website e.g. the pages you look at and how you use them, usernames and passwords;
- images in photographic and/or video format and/or audio recordings (where we hold or record any video-conferences or telephone calls involving you or you supply us with photographs);
- details of any new position, start date, leaving date and salary (for our interim workers);
- timesheets and details of working hours(for our interim workers);
- movements and other information obtained through electronic means such as swipecard, worker monitoring and key fob records; and
- referee details, next of kin, beneficiaries, details of family members and emergency contacts.
If you are a client or a representative of a client in order to source the very best talent for you and keep you up to speed with the latest recruitment developments in the market, you may provide us with or we may obtain personal information about you, such as information regarding your:
- personal contact details that allows us to contact you directly such as name, title, email addresses and telephone numbers;
- records of your interactions with us such as telephone conversations, emails and other correspondence together with your usage of our hiring platform and your instructions to us;
- any credit/debit card and other payment details you provide so that we can receive commission payments from you and details of the financial transactions with you;
- location of employment or workplace;
- identification documents such as passport, utility bills, identity cards, etc;
- any tax or other government identifiers;
- your marketing preferences so that we know whether and how we should contact you;
- details about how you use our website e.g. the pages you look at and how you use them, usernames and passwords;
- images in photographic and/or video format and/or audio recordings (where we hold or record any video-conferences or telephone calls involving you or you supply us with photographs).
Depending on the nature of our interactions with you, there may be certain essential personal information that we must collect from you in relation to your relationship with us. This will vary depending on the relationship we have with you.
We may also ask you for additional personal information which it is optional for you to provide but which will allow us to better tailor our relationship with you. For example, you may provide us with additional contact details to make it easier for us to get in touch with you or details of any personal interests or outside work information, e.g. hobbies, marital status, favourite sports teams etc.
We will always aim to make it clear which personal information it is necessary for you to provide and which personal information is optional. However, if you are unsure as to whether you are required to provide any particular piece of personal information please ask.
2. SPECIAL CATEGORIES OF PERSONAL INFORMATION
We do not generally collect, store and use the following “special categories” of more sensitive personal information regarding you unless you are a candidate and it is included in any CV or application:
- information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
- information about your trade union memberships;
- information about your health, including any medical condition, health and sickness records, medical records and health professional information and disability information; and
- biometric information about you, for example fingerprints, retina scans.
We may not collect any or all of the above types of special category information about you. In relation to any special category personal data that we do process we do so on the basis that:
- the processing is necessary for reasons of substantial public interest, on a lawful basis;
- it is necessary for the establishment, exercise or defence of legal claims;
- it is necessary for the purposes of carrying out the obligations and exercising our or your rights in the field of employment and social security and social protection law; or
- based on your explicit consent.
In the table below we refer to these as the "special category reasons for processing of your personal data".
If you are a client then we are much less likely to collect special categories of data as mentioned above, but may do if you provide it to us. In these cases the same bases for processing your special category data will apply.
We may also collect criminal records information in relation to criminal records checks. For criminal records information in relation to you we process it on the basis of legal obligations or based on your explicit consent.
3. WHERE WE COLLECT YOUR PERSONAL INFORMATION
If you are a candidate we typically collect personal information about candidates when you fill in forms on or upload a CV onto a website controlled by us, for example www.thirdway.pro or when you correspond with us by phone, e-mail or otherwise.
We also may collect personal information about candidates through other sources such as LinkedIn, job board websites, social media, online CV libraries, personnel recommendations and referrals, hiring platforms and through the use of business development tools and market research.
If you are providing us with details of referees, next of kin, beneficiaries, family members and emergency contacts they have a right to know and to be aware of how what personal information we hold about them, how we collect it and how we use and may share that information. Please share this privacy notice with those of them whom you feel are sufficiently mature to understand it. They also have the same rights as set out in the “Your rights in relation to personal information” section below.
If you are a client or a representative of a client we typically collect personal information about you when you make a query and/or complaint or when you correspond with us by phone, e-mail or in some other way.
We collect personal information about our clients or representatives of clients through other sources such as from other companies within our group, LinkedIn, social media, hiring platforms, personnel recommendations and referrals and through the use of business development tools and business or market research.
4. USES MADE OF YOUR PERSONAL INFORMATION
The tables below describes the main purposes for which we process your personal information, the categories of your information involved and our lawful basis for being able to do this.
CANDIDATES
| Purpose | Personal information used | Lawful basis |
|---|---|---|
| To assess your CV and qualifications | All the personal information we collect for the purposes of the recruitment process including contact details and all information contained in any CV for example employment and education history and location of current workplace | To be able to perform and administer the recruitment process for you under our agreement with you or the organisation you represent We have a legitimate business interest to do so We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above For criminal records history we process it on the basis of legal obligations or based on your explicit consent |
| To contact you with information regarding job opportunities that may be of interest to you based on your CV and qualifications or contact you to obtain your agreement for us to provide you with information regarding job opportunities | All the personal information we collect for the purposes of the recruitment process including contact details and all information contained in any CV for example employment and education history and location of current workplace | Where your personal information
has been sourced from either: (i) a hiring platform; (ii) social media platform where you have selected a function to let recruiters know that you are open to job opportunities; or (iii) a job board onto which you have uploaded your CV then we have a legitimate interest to do so for our business purposes We also have a legitimate interest to contact you to see if you have an interest in receiving information about job opportunities In all other cases, we will only contact you with information to market job opportunities where we have your consent or you have requested that we do so or to perform an agreed recruitment search for you |
| To share your CV or details of your qualifications with a client in relation to potential job roles | All the personal information we collect for the purposes of the recruitment process | We have a legitimate interest to do so. We will also do so to perform an agreed recruitment search for you We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above For criminal records history we process it on the basis of legal obligations or based on your explicit consent |
| To check you are legally entitled to work in the UK | Personal contact details and identification documents and right to work documentation | We may have a legal obligation to do so and it is also in our legitimate interest to ensure that you are suitable for a role and entitled to work |
| Where you are a freelancer/contractor contracted with us, to administer the contract we have entered into with you, pay you and manage the invoicing process | Personal identifiers and all the personal information we collect for the purposes of the recruitment process as well as start date, leaving date and pay rate and all payment and transaction details | We need this information to be able to perform and administer our contract with you |
| We will use information about your physical or mental health to assess your suitability for particular roles based on health grounds | Information about your health, including any medical condition, health and sickness records, medical records and health professional information | We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above |
| We will use and retain information about criminal convictions to comply with legal requirements and in order to determine your eligibility to undertake particular types of work | Information about your criminal convictions and offences | For criminal records information we process it on the basis of legal obligations or based on your explicit consent |
| To provide market intelligence on salaries | Information on your salary, review date, bonus and any other benefits – where you have provided this via www.thirdway.pro | Your individual salary data will be fully anonymised, then added to other data points we hold to provide a service to lawyers looking to benchmark their salary |
| To provide clients with market intelligence, including “Organisation Charts” of competitors and also potential recruits | Information on your name, title, reporting line, coverage and individual experience | This is not information pertaining to you necessarily as a candidate or job seeker, but is provided to clients looking for “market maps” and other staffing intelligence |
CLIENTS
| Purpose | Personal information used | Lawful basis |
|---|---|---|
| To analyse your profile and candidate hiring preferences To match you with the best available contract and/or full time talent from your industry and competitors based on your hiring preferences To contact you with information regarding new talent that may be of interest to your business | All the personal information we collect about you for the purposes of the recruitment process | To be able to perform and administer the recruitment process for you under our agreement with you or the organisation you represent We have a legitimate interest to do so for our business purposes We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above |
| Administering any account(s) you have with us and managing our relationship with you including dealing with any support enquiries made by you | All the personal information we collect about you for the purposes of the recruitment process | As above |
| Arranging an interview with/introduction to a prospective candidate in relation to a particular job role and managing the introductory process | All the personal information we collect about you for the purposes of the recruitment process | As above |
| To receive commission or fee payments from you and to raise invoices | All the personal information regarding placements with you or the organisation you represent and associated financial transactions and payments | To be able to perform and administer the recruitment process for you under our agreement with you or the organisation you represent We have a legitimate interest to do so for our business purposes |
BOTH CANDIDATES AND CLIENTS
| Purpose | Personal information used | Lawful basis |
|---|---|---|
| To arrange an interview with/introduction to a prospective employer/candidate in relation to a particular job role and managing the introductory process, provided you have indicated that you are happy for an introduction to be arranged | All the personal information we collect for the purposes of the recruitment process. | We have a legitimate interest to do so We will only make an introduction for a role with your agreement We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above For criminal records history we process it on the basis of legal obligations or based on your explicit consent |
| To send you marketing information we think you might find useful or which you have requested from us, including information about our services, positions, roles, available candidates and any events we are running | Your contact details and other personal information relevant to marketing | Where we have your consent to do so or you have requested that we do so We have a legitimate interest to do so We will only make an introduction for a role with your agreement |
| To manage our relationship with you including dealing with any support enquiries made by you | All the personal information we collect for the purposes of the recruitment process |
To be able to manage and perform our contract with you and it is also in our legitimate business interest to ensure that all enquiries are managed properly We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above For criminal records history we process it on the basis of legal obligations or based on your explicit consent |
| To conduct data analytics studies to review and better understand market trends within the recruitment industry | Records of your attendance at any events hosted by us All the personal information we collect for the purposes of the recruitment process excluding ‘special categories’ of personal information and criminal records information |
We have a legitimate interest in doing so to ensure that our business is targeted and relevant |
| Dealing with enquiries, complaints and any legal disputes involving you | All your personal information |
We have a legitimate interest to ensure that all enquiries, complaints and legal disputes are managed effectively We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above For criminal records history we process it on the basis of legal obligations or based on your explicit consent |
| Complying with our legal obligations, for example health and safety obligations | Personal identifiers and other health and safety related information and information obtained through electronic means such as swipecard and key fob records |
We have a legal obligation to comply with laws We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above For criminal records history we process it on the basis of legal obligations or based on your explicit consent |
| Storage of records relating to you and also records relating to our business such as recruitment records and records of your interactions with us | All the personal information we collect about you |
To be able to manage and fulfil our contract with you or the organisation you represent, we may have a legal obligation to do so and we also have a legitimate interest to keep proper records We process special category personal data on the basis of the “special category reasons for processing of your personal data” referred to in section 2 above For criminal records history we process it on the basis of legal obligations or based on your explicit consent |
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with data protection laws, where this is required or permitted by law.
For some of your personal information you will have a legal, contractual or other requirement or obligation for you to provide us with your personal information. If you do not provide us with the requested personal information we may not be able to engage you or the organisation you represent or we may not be able to properly perform our contract with you or the organisation you represent or comply with legal obligations and we may have to terminate your engagement or the engagement with the organisation you represent. For other personal information, whilst you may not be under an obligation to provide it to us, if you do not provide it then we may not be able to properly perform our role or services.
You should be aware that you are not required under any contract with us to agree to any request for consent. Where you have given us your consent to use your personal information in a particular manner, you have the right to withdraw this consent at any time, which you may do by contacting us as described in the "Contacting us" section below.
Please note that the withdrawal of your consent will not affect any use of the personal information made before you withdrew your consent and we may still be entitled to hold and process the relevant personal information on bases which do not require your consent. Withdrawing consent may also have the same effects as not providing the information in the first place, for example we may no longer be able to provide certain services.
5. AUTOMATED DECISION MAKING
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do use technology to better match you with candidates/clients that fit your requirements so that you only receive relevant profiles or position details, but there will always be an element of human interaction in the decision making.
6. DIRECT MARKETING
Where we do not already hold your consent to send marketing details to you, and you have not asked us to send them to you, our initial contact with you will always be to ask for your consent to send you marketing materials and to find out your marketing preferences.
Where you have agreed to receive marketing from us, from time to time, we may contact you by phone, email, post or SMS with marketing information about positions, applicants, candidates and services we believe you may be interested in, depending on whether you are a candidate or a client. Sometimes an individual can be both a client and a candidate.
We will only send marketing messages to you in accordance with the marketing preferences you set or agree to. You can then let us know at any time that you do not wish to receive marketing messages by emailing us at newusers@thirdway.pro or using the details in the "Contacting us" section at the end of this privacy notice. You can also unsubscribe from our marketing by clicking on the unsubscribe link or following the instructions in any marketing messages we send to you, or let us know when we speak to you.
7. DISCLOSURE OF YOUR PERSONAL INFORMATION
We share personal information with the following parties:
- Companies which are under common control with us: for the purpose of providing a service to you.
- Any party approved by you.
- Clients of our business where reasonably necessary: For example, (where you are a contractor) the client of ours for whom you are ultimately providing services to or if you are a candidate your prospective new employer.
- Other service providers to our business and advisors: for example payroll providers, marketing providers, payment processors, data analysts, survey providers, business development tool providers, social media, professional advisors, contractors, monitoring providers and administration and IT service providers (including CRM, website, video- and teleconference services).
- Purchasers of our business: buyers or perspective buyers to whom we sell or negotiate to sell our business.
- Prospective new employee: our candidates for the purpose of introducing you as a prospective new employer or their representative;
- Prospective new employers: our clients for the purpose of introducing you as a prospective new candidate;
- The Government or regulators: where we are required to do so by law or to assist with their investigations or initiatives, for example HMRC or the Information Commissioner’s Office; and
- Police, law enforcement and security services: to assist with the investigation and prevention of crime and the protection of national security.
We may share your personal information where it is necessary to administer the working relationship or we have a legitimate interest in so doing. We may also disclose your personal information to third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply such other terms as apply to our relationship, or where we have a legitimate interest in doing so. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not normally disclose personal information to anyone else except as set out above. Who we may disclose your personal information to will depend upon the nature of our relationship with you and whether you are a client or a candidate.
8. TRANSFERRING YOUR PERSONAL INFORMATION INTERNATIONALLY
The personal information we collect about you is not transferred to or stored in countries outside of the UK or European Economic Area except as set out in this section.
Our directors and other individuals working for us may in limited circumstances access personal information outside of the UK and European Union if they are on holiday abroad outside of the UK or European Union. If they do so they will be using our security measures and will be subject to their arrangements with us which are subject to English Law and the same legal protections that would apply to processing personal data within the UK.
In limited circumstances the people to whom we may disclose personal information as mentioned in the "Who we share your personal information with" section above may be located outside of the UK and European Economic Area. In these cases we will impose any legally required protections to the personal information which are required by law before it is disclosed.
If you require more details on the arrangements for any of the above then please contact us using the details in the "Contacting us" section below.
9. HOW LONG WE KEEP YOUR PERSONAL INFORMATION FOR
The duration for which we retain your personal information will differ depending on the type of information and the reason why we collected it from you. However, in some cases personal information may be retained on a long term basis: for example, personal information that we need to retain for legal purposes will normally be retained in accordance with usual commercial practice and regulatory requirements. Generally, where there is no legal requirement we retain all physical and electronic records for a period of 6 years following your last contact with us.
It is important to ensure that the personal information we hold about you is accurate and up-to-date, and you should let us know if anything changes, for example if you change employers or change your phone number or email address. You may be able to update some of the personal information we hold about you through www.thirdway.pro. Alternatively, you can contact us by using the details set out in the "Contacting us" section below.
10. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
You have the following rights in relation to your personal information:
- the right to be informed about how your personal information is being used;
- the right to access the personal information we hold about you;
- the right to request the correction of inaccurate personal information we hold about you;
- the right to request the erasure of your personal information in certain limited circumstances;
- the right to restrict processing of your personal information where certain requirements are met;
- the right to object to the processing of your personal information;
- the right to request that we transfer elements of your data either to you or another service provider; and
- the right to object to certain automated decision making processes using your personal information.
You should note that some of these rights, for example the right to require us to transfer your data to another service provider or the right to object to automated decision making, may not apply as they have specific requirements and exemptions which apply to them and they may not apply to personal information recorded and stored by us. For example we do not use automated decision making in relation to your personal data. However some have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights.
Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/for-the-public/.
To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the "Contacting us" section below.
If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. We are here to help and we encourage you to contact us to resolve your complaint first.
11. CHANGES TO THIS NOTICE
We may update this privacy notice from time to time. When we change this notice in a material way, we will update the version date at the bottom of this page. For significant changes to this notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal information.
12. CONTACTING US
In the event of any query or complaint in connection with the information we hold about you, please email dataprotection@thirdway.pro or write to us at Data Protection, Thirdway/Montresor, 55 Greek Street, London W1D 3DT
Version dated 22 May 2019