INTRODUCTION

This Privacy Policy explains what we do with your personal data, whether we are in the process of helping you find a job, continuing our relationship with you once we have found you a role, providing you with a service, receiving a service from you, using your data to ask for your assistance in relation to one of our Candidates, or you are visiting our website.
 

It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
 

WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT?

The information described below would be in addition to any personal data we are required by law to process in any given situation.

 

CANDIDATE DATA: Depending on the relevant circumstances and applicable local laws and requirements, we may collect some or all of the information listed below to enable us to offer you employment opportunities which are tailored to your circumstances and your interests.

 

  • Name

  • Age/date of birth

  • Current job seeking status

  • Source of the data

  • Email address(s) - personal and work

  • Contact numbers – mobile, home, work

  • Full address details

  • Education details

  • Employment history

  • Referee details and/or references

  • Immigration status (whether you need a work permit)

  • A copy of your driving licence and/or passport/identity card

  • Details about your current remuneration, pensions and benefits arrangements

  • Information on your interests and needs regarding future employment

  • Extra information that you choose to tell us

  • CV and creative portfolios

 

Please note that the above list of categories of personal data we may collect is not exhaustive. 
 

CLIENT DATA: The data we collect about Clients is quite limited. We generally only need to have your contact details or the details of individual contacts at your organisation (such as their names, telephone numbers and email addresses) to enable us to ensure that our relationship runs smoothly. We may also hold extra information that someone in your organisation has chosen to tell us. If we need any additional personal data for any reason, we will let you know. 
 

PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES SUCH AS REFEREES: All we need from referees is confirmation of what you already know about our Candidate so that they can secure that job they are applying for. To ask for a reference, we would need the referee's contact details (such as name, email address and telephone number). 

 

HOW DO WE COLLECT YOUR PERSONAL DATA?

 

CANDIDATE DATA: We collect Candidate personal data in two primary ways:

  1. Personal data that you, the Candidate, have given to us

  2. Personal data that we receive from other sources

 

Personal data you give to us

We need to know certain information about you in order to provide a tailored service. This will enable us to provide you with the best opportunities. 
 

The only way you can share your information with us is to email your CV and/or creative portfolio to a Breathe Consulting employee as we do not use job boards or advertise for Candidates to upload their CV to our website.

 

 

 

Personal data we receive from other sources

We also receive personal data about Candidates from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:

  • Your referees may disclose personal information about you

  • Our Clients may share personal information about you with us

  • We may obtain information about you from searching for potential Candidates from third party sources, such as LinkedIn

 

CLIENT DATA We collect Client personal data in two ways:

  1. Personal data that we receive directly from you

  2. Personal data that we receive from other sources

 

Personal data that we receive directly from you

We will receive data directly from you in two ways:

  1. Where you contact us proactively, usually by phone or email

  2. Where we contact you, either by phone or email to discuss our services.

 

Personal data we receive from other sources

Where appropriate and in accordance with any local laws and requirements, we may seek more information about you or your colleagues from other sources generally by way of due diligence or other market intelligence including:

  • From third party market research and by analysing online and offline media

  • From delegate lists at relevant events

  • From other limited sources and third parties (for example from our Candidates to the extent that they provide us with your details to act as a referee for them).

 

HOW DO WE USE YOUR PERSONAL DATA?

Having obtained data about you, we then use it in a number of ways.

 

CANDIDATE DATA: We use Candidate data in our Recruitment Activities.

 

Recruitment Activities

Our main area of work is recruitment – connecting the right Candidates with the right jobs and Clients. We've listed below various ways in which we may use and process your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive:

 

  • Collecting your data from you and other sources, such as LinkedIn

  • Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment

  • Providing you with our recruitment services and to facilitate the recruitment process

  • Assessing data about you against vacancies which we think may be suitable for you

  • Sending your information to Clients, in order to apply for jobs or to assess your eligibility for jobs only with your prior consent for each client/opportunity

  • Enabling you to submit your CV

  • Complying with our legal obligations in connection with the detection of crime or the collection of taxes or duties

  • Processing your data to enable us to send you targeted, relevant marketing materials or other communications which we think are likely to be of interest to you or that you have requested

 

We may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests. If you want to know more about what this means, please see below under ‘Our Legal Basis for Processing your Data’. If you are not happy about this, in certain circumstances you have the right to object (see below).

 

CLIENT DATA: We use Client information for our Recruitment Activities.

 

Recruitment Activities

Our main area of work is recruitment, providing you with suitable Candidates for vacancies you have identified.

 

We've listed below the various ways in which we use your data in order to facilitate this task.

 

  • Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment activities

  • Keeping records of our conversations and meetings, so that we can provide appropriate services to you

  • Undertaking customer satisfaction surveys

 

We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests. If you would like to know more about what this means, please see below under ‘Our Legal Basis for Processing your Data’
 

If you are not happy about this, in certain circumstances you have the right to object.

 

PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES SUCH AS REFEREES: We will only use the information that our Candidate gives us about you for the following purposes:

  • If you were put down by our Candidate as a referee, we will contact you in order to take up a reference. This is an important part of our Candidate quality assurance process and could added benefit to the Candidate in securing the position they are applying for.

  • If you were put down by our Candidate as a referee, we may sometimes use your details to contact you in relation to recruitment activities that we think may be of interest to you, in which case we will use your data for the same purposes for which we use the data of Clients or Candidates.

 

We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests. If you would like to find out more about what this means, please see below under ‘Our Legal Basis for Processing your Data’.
 

If you are not happy about this, you have the right to object. 

 

WHO DO WE SHARE YOUR PERSONAL DATA WITH?

Where appropriate and in accordance with local laws and requirements we may share your personal data, in various ways and for various reasons, with the following categories of people:

 

  • Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data (for example, because of a request by a tax authority or in connection with any anticipated litigation)

  • In the case of Candidates: MSP suppliers/online inhouse portal systems, where this is the method given to us, as an approved supplier, to submit your details for a vacancy for which you wish to be considered

 

HOW DO WE SAFEGUARD YOUR PERSONAL DATA?

We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures. These include measures to deal with any suspected data breach.
 

If you suspect any misuse or loss of or unauthorised access to your personal information, please contact a Director of the business immediately.
 

HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR?

We will Delete your personal data from our systems if we have not had any meaningful contact with you (or, where appropriate, the company you are working for or with) for two years (or for such longer period as we believe in good faith that the law or relevant regulators require us to preserve your data). After this period, it is likely your data will no longer be relevant for the purposes for which it was collected. 
 

For those Candidates whose services are provided via a third party company or other entity, "meaningful contact" with you means meaningful contact with the company or entity which supplies your services. Where we are notified by such company or entity that it no longer has that relationship with you, we will retain your data for no longer than two years from that point or, if later, for the period of two years from the point we subsequently have meaningful contact directly with you.
 

When we refer to "meaningful contact", we mean, for example, communication between us (either verbal or written). If you are a Candidate, we will consider there to be meaningful contact with you if you submit your updated CV to us via email. We will also consider it meaningful contact if you communicate with us about potential roles, either by verbal or written communication. 
 

HOW CAN YOU ACCESS, AMEND OR TAKE BACK THE PERSONAL DATA THAT YOU HAVE GIVEN TO US?

One of the GDPR's main objectives is to protect and clarify the rights of EU citizens and individuals in the EU with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below.
 

To get in touch about these rights, please contact us. We will seek to deal with your request without undue delay, and in any event within one month (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise.
 

Right to object: this right enables you to object to us processing your personal data where we do so for one of the following two reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority.

 

The "legitimate interests" categories above is the one most likely to apply to our Candidates and Clients. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:

  • we can show that we have compelling legitimate grounds for processing which overrides your interests; or

  • we are processing your data for the establishment, exercise or defence of a legal claim.


Data Subject Access Requests (DSAR): You may ask us to confirm what information we hold about you at any time, and request us to modify, update or delete such information. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is "manifestly unfounded or excessive". If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so. 
 

Right to erasure: You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following criteria:

 

  • the data are no longer necessary for the purpose for which we originally collected and/or processed them

  • where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing

  • the data has been processed unlawfully (i.e. in a manner which does not comply with the GDPR)

  • it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller

  • if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.

 

We would only be entitled to refuse to comply with your request for one of the following reasons: 
 

  • to exercise the right of freedom of expression and information

  • to comply with legal obligations or for the performance of a public interest task or exercise of official authority

  • for public health reasons in the public interest

  • to exercise or defend a legal claim.

 

When complying with a valid request for the erasure of data we will take all reasonably practicable steps to delete the relevant data.
 

Right to restrict processing: You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise or defence of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest. 
 

The circumstances in which you are entitled to request that we restrict the processing of your personal data are:

  • where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified

  • where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data

  • where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it

  • where we have no further need to process your personal data, but you require the data to establish, exercise, or defend legal claims.

 

If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
 

Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.
 

Right of data portability: If you wish, you have the right to transfer your personal data between data controllers. 

 

Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with your local supervisory authority.
 

If you would like to exercise any of these rights, please contact a Director of the business.  Please note that we may keep a record of your communications to help us resolve any issues which you raise.
 

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 the period for which we hold your data.
  

OUR LEGAL BASIS FOR PROCESSING YOUR DATA

 

LEGITIMATE INTERESTS

  • Article 6(1)(f) of the GDPR is the one that is applicable here – it says that we can process your data where it "is necessary for the purposes of the legitimate interests pursued by [us], except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data." 
     

  • We don't think that any of the following activities prejudice individuals in any way – in fact, they help us to offer you a more tailored, efficient service. However, you do have the right to object to us processing your personal data on this basis.

 

CANDIDATE DATA:
 

We think it's reasonable to expect that if you are looking for employment or have posted your professional CV information on a professional networking site, you are happy for us to collect and otherwise use your personal data to offer or provide our recruitment services to you and assess your skills against our vacancies. Once it's looking like you may get the job, your prospective employer may also want to double check any information you've given us or to confirm your references and qualifications. We need to do these things so that we can function as a profit-making business, and to help you and other Candidates get the opportunities that are right for you. 
 

We want to provide you with tailored job recommendations and relevant industry information to help you on your job hunt. We therefore think it's reasonable for us to process your data to make sure that we send you the most appropriate content. 
 

We have to make sure our business runs smoothly, so that we can carry on providing services to Candidates like you. We therefore also need to use your data for our internal administrative activities, like payroll and invoicing where relevant. 
 

We may share your data in connection with crime detection, tax collection or actual or anticipated litigation. 
 

CLIENT DATA:
 

To ensure that we provide you with the best service possible, we store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of our conversations, meetings, registered jobs and placements. From time to time, we may also ask you to undertake a customer satisfaction survey. We think this is reasonable – we deem these uses of your data to be necessary for our legitimate interests as an organisation providing various recruitment services to you. 
 

PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES SUCH AS REFEREES:
 

If you have been put down by a Candidate as one of their referees, we use your personal data in order to contact you for a reference. This is a part of our quality assurance procedure and so we deem this to be necessary for our legitimate interests as an organisation offering recruitment services.

 

ESTABLISHING, EXERCISING OR DEFENDING LEGAL CLAIMS

Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing "is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity".
 

This may arise for example where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.
 

NOTIFICATION OF BREACHES

We are aware of our responsibility as a recruiter to protect your information and to only share details with third parties upon receipt of your consent. All our systems are password protected and only Breathe Consulting staff have access to the personal information stored in our database systems.

 

In the unlikely event that our computer systems are compromised and there is a potential loss of confidentiality we will report this breach to you and to the Information Commissioner’s Office.

 

In the unlikely event that personal data is taken or exposed from our records without our consent, we will provide reports surrounding that exposure within 72 hours of being notified of such an event and take any action necessary to restore security of your personal data.  The Information Commissioner’s Office will be informed.

 

How you can get in touch with us:

  • to access, amend or take back the personal data that you have given to us

  • if you suspect any misuse or loss of or unauthorised access to your personal information

  • with any comments or suggestions concerning this Privacy Policy

 

You can write to us at the following address:

The Business Terrace,

Maidstone House,

King Street,

Maidstone,

ME15 6AW

 

Alternatively, you can send an email to: info@breatheconsulting.co.uk