The purpose of this policy is to set out the privacy entitlements of Data Subjects, as defined in the General Data Protection Regulation (GDPR), of living persons. Privacy can only apply to information that is not already in the public domain and GDPR only applies to such personal data.
The General Data Protection Regulation (GDPR) is a European Union Regulation that sets out the data entitlements of data subjects and the obligations of those who process the personal data of data subjects. GDPR seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU.
We have identified our data subjects as being:
- Our candidates
- The individuals with whom we have contact at our client, prospective client and supplier businesses
- Our own employees – our own employee data processing information is set out in their employee handbook
Legal basis for processing any personal data
We rely upon the following legal bases for data collection:
Candidates: Information is required in order to perform the contract of “Employment agent” on behalf of our candidates with potential employers. The basis of data gathering in that instance is a contractual requirement. This will include identification information such as but not limited to name, address, date of birth, information regarding education/qualifications and reference checks.
Clients/Suppliers: We will process data pursuant to business to business transactions, but where so required, we will rely on the lawful basis as necessary for the performance of the contract for the processing of personal data within this relationship.
- Statutory/Legal Obligation: Information is required in order to perform our statutory obligations such as tax returns and compliance with employment permit legislation. This information will include PPS numbers and, where relevant, evidence of entitlement to work.
- Legitimate Interest:
Clients: We will utilise personal data in the form of email addresses and contact telephone numbers in order to keep our clients and potential clients informed in relation to the careers and market related information. We consider that this is in the legitimate interest of our business to maintain our market presence.
Candidates: Information is processed in the legitimate interests of the business of the employment agency, and where so processed it will be in accordance with and subject to your data subject rights and entitlements. We process your data when it is in the legitimate interests of our company to do so and we do this balancing your data protection rights. We consider that our legitimate interest is that you have registered with us because you are interested in gaining access to the information we provide in relation to salary surveys, marketplace analysis, regulatory changes etc., and/or information in relation to the career opportunities with our clients and prospective clients.
In balancing your data protection rights against this legitimate interest of our company, we have considered:
- The frequency of notifications to you in order to ensure that no nuisance is caused to you;
- The security and integrity of the data you have provided to us;
- Your rights and entitlements to stop the processing of your data with ease and to this end we put you in control of the data that is accessible in our website
- Consent: On occasion we may rely on consent in the collection and processing of some data. Given the nature of the relationship of agent to Candidate and agent to Client we consider that consent is not an appropriate ground on which to rely and therefore it will only be utilised in rare occasions.
This Privacy Statement sets out how Barden uses and processes any information that you give to us. We respect your privacy and are committed to protecting your personal information. This Privacy Statement explains how we collect, transfer, process, use and disclose your data and sets out our security practices.
COLLECTION OF PERSONAL DATA
We collect personally identifiable information (PII) that you provide to us, which is information that identifies you as an individual. This PII may include your:
- email address(s)
- phone number(s)
- employment history,
- CV and any other information required to provide you with job placement services
- We may source contact details through social media and reach out to you there
We collect data from you and process it in the provision of our services as a recruitment company. This involves receiving your data, highlighting your skills and competencies, making telephone contact with you, emailing you with positions that may be of interest to you, emailing and telephoning potential employers to advance your career prospects with those companies and sharing your data with those potential employers. When you register with us you are agreeing to our company acting as an agent for you in your pursuit of an employment position with a third party until you either opt out (which you can do at any stage). Our company in their capacity as your agent operates as a Data Controller in respect of the personal data you supply to us. We share your data with third party Clients in order to advance your prospect of obtaining your desired position and while we require that our clients are GDPR compliant we can make no guarantees or warranties in that regard.
For some positions we are obliged to collect data that could be considered to be sensitive data that is required for legal compliance purposes, such as for security or HIQA audit purposes, we will inform you fully if and when this circumstance arises.
We collect personal data about you from the application forms and questionnaires you may be asked to complete; we also gather personal data from records of our correspondence, phone calls, emails and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. This information can be used to identify visitors to our website and also to collect statistics about the behaviour of visitors to our website.
We collect personally identifiable information (PII) that you provide to us, which is information that identifies you as an individual. We collect PII about Client and Supplier contacts from a number of sources, as follows:
- The PII is provided directly by the contact directly
- The PII maybe provide from another source within the Client or Supplier
- The information may be collected from public sources including social media; we may reach out to you through social media
USE OF YOUR PERSONAL INFORMATION
Barden collects and uses all PII that you volunteer to deliver the job-seeking or related services you have requested. Your information will only be used for matching your skills with potential job opportunities and will be only disclosed to prospective employers at your expressed direction. By providing your PII, and where you have agreed to receiving communications from us, we may use the information:
- to consider your application for employment
- to notify you of our new employment opportunities
- to respond to your requests
- to improve our level of service
- share your information with prospective employers to increase your chances of securing the job you want
Barden collects and uses all PII in accordance with the provision and furtherance of our recruitment business. Your information will only be used to contact you in the following circumstances:
- to discuss potential requirements for our services
- to develop an understanding of the Clients organisation and the Candidate profile requirements
- to discuss potential candidates for vacancies you have requested us to assist you in recruiting for
- to schedule candidate interviews
- to update you on candidates whose data we have shared with you and their progression in the process and on-boarding of successful candidates
- to share interview contact information with candidate(s) who are actively interviewing with you.
We use Client and Supplier personal data for the purposes of making and receiving payments in the ordinary course of business.
Any contact information that you provide through our system will not be sold, leased and/or distributed to any third party for the purpose of selling or marketing to you. We do not broker data.
SECURITY OF YOUR PERSONAL INFORMATION
Barden will do their utmost to protect user privacy through the appropriate use of security technology. We ensure that we have appropriate physical and technological security measures to protect your information.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
LINKS TO OTHER WEBSITES
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever. You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
We will process personal data during the duration of any contract and will continue to store only the personal data needed for periods after the contract has expired to meet any legal obligations as set out in the table below. After these periods any personal data not needed will be deleted.
Source of Obligation
Revenue Commissioners, Collector General, Companies Acts legislative provisions
6 years rolling retention of records
Personal Injuries related records
Records are retained for a period of 3 years past the date of the cause of action, unless it involves a minor, in which case the retention period will be up until 3 years after the minor reaches the age of 18.
Breach of Contract related records
Records are retained 6 years from the date of the breach.
Employment Agency Candidate for Interviews/Placements Records
Candidates who are unsuccessful at the screening or interview stage and who may hold a different skill set than that required by our clients, will have their data held for a period of 1 year past the initial contact with the agency by the candidate, unless the candidate exercises their entitlement to a termination of processing.
Candidates who have been successful at the screening stage may have their data retained indefinitely or until such time as they request to be removed from our database. This is for the purposes of upholding contractual and statutory obligations.
Employment contract/terms of employment related information
Duration of the employment – this includes everything from the application form, interview notes, contract related, performance appraisals, references.
Organisation of Working Time – time sheets/holiday and public holiday records
National Minimum Wages
Protection of Employment – Temporary Agency Workers, Part Time Workers, Fixed Term Workers
Protection of Young Persons
3 years post the termination of the employment. Records kept are sufficient to show compliance with legal obligations in accordance with the statutory provisions.
Parental Leave Related
8 years – records kept show the dates when a qualifying employee availed of the parental leave and force majeure leave provisions.
All records, including interviews and applications are kept for a period of one year.
Health and Safety Records
All records relating to health and safety will be kept for a period of 10 years.
Data Law Compliance
Records in relation to our compliance with Data Law and GDPR will be kept for a five-year period.
DATA SUBJECT RIGHTS UNDER GDPR
ACCESS TO INFORMATION AND UPDATING, VERIFYING, DELETING AND RETENTION OF PERSONAL DATA
Subject to other applicable legal requirements, this retention period is based on our experience that, having engaged with us on employment options, individuals are open to considering new opportunities within that timeframe. Each individual has the right to withdraw their consent and have their personal information erased at any time.
- Right of access – you have the right to request a copy of the information that we hold about you in accordance with Section 86 of the Data Protection Act 2018; this is not an absolute right and is subject to the privacy rights and entitlements of others also;
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete in accordance with Section 87 and Section 89 of the Data Protection Act 2018;
- Right to erasure – in certain circumstances, you can ask for the data we hold about you to be erased from our records in accordance with Section 87 and Section 89 of the Data Protection Act 2018; this is not an absolute right and is subject to the obligations of data retention imposed on us by statute;
- Right to restriction of processing – where certain conditions apply to have a right to restrict the processing in accordance with Section 87 and Section 89 of the Data Protection Act 2018
- Right of portability – subject to certain restrictions, you have the right to have the data we hold about you transferred to another organisation where we hold it in electronic form. This right of data portability applies to: (i) personal data that we process automatically (i.e. without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract.
- Right to object – you have the right to object to certain types of processing such as direct marketing.
These rights may on occasion need to be modified/curtailed by statutory or competing obligations, for example, you may request that we delete your data, however if we have been your employer we can only do so after the statutory period of record retention has expired. In the event that we are obliged to refuse your request in accordance with your data subject rights, or if we are obliged to place conditions on our agreement to your request, we will provide you with a reason as to why, which you have the right to legally challenge.
At any time following a request from you we can confirm what information we hold about you, as well as how and why it is being processed.
YOU CAN REQUEST THE FOLLOWING INFORMATION:
- Identity and the contact details of the person or organisation that has determined how and why to process your data.
- Contact details of the data protection officer, where applicable.
- The purpose of the processing as well as the legal basis for processing.
- If the processing is based on the legitimate interests of our company or a third party such as one of its clients, information about those interests.
- The categories of personal data collected, stored and processed.
- Recipient(s) or categories of recipients that the data is/will be disclosed to.
- How long the data will be stored.
- Details of your rights to correct, erase, restrict or object to such processing.
- Information about your right to withdraw consent at any time.
- How to lodge a complaint with the supervisory authority (Data Protection Regulator).
- Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
- The source of personal data if it wasn’t collected directly from you.
- Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
TO ACCESS WHAT PERSONAL DATA IS HELD, IDENTIFICATION WILL BE REQUIRED
We will accept the following forms of ID when information on your personal data is requested: a copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If we are dissatisfied with the quality, further information may be sought before personal data can be released.
All of the above requests can be directed, in writing, to Barden, The Greenway, Ardilaun Court, Block C, 112 – 114 St Stephens Green, Dublin 2. They will be forwarded on should there be a third party involved in the processing of your personal data.
In the event that you wish to make a compliant about how your personal data is being processed by us or by our partners, you have the right to complain to email@example.com
If you do not get a response within 30 days you can complain to the
OFFICE OF THE DATA COMMISSIONER,
Supervising Authority of Ireland.
Data Protection Commissioner
R32 AP23 Co. Laois
Telephone +353 57 8684800
Lo Call Number 1890 252 231
CHANGES TO THIS PRIVACY STATEMENT