Annex A – Data Protection Privacy Statement
In this Annex we explain how Samaras Healthcare Recruitment Ltd manages your personal data.
Collection and use of personal data
a) Purpose of processing and legal basis
Samaras Healthcare Recruitment Ltd will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work-finding services. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, putting you forward for job opportunities, arranging payments to you and developing and managing our services and relationship with you and our clients.
In some cases we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.
The legal bases we rely upon to offer these services to you are:
- Your consent
- Where we have a legitimate interest
- To comply with a legal obligation that we have
- To fulfil a contractual obligation that we have with you
b) Legitimate interest
This is where Samaras Healthcare Recruitment Ltd has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where Samaras Healthcare Recruitment Ltd has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:
- We will use your data in a way you would reasonably expect and have minimal privacy impact. If there is no justification to using your data, we will not use it
- We will obtain consent from you to use your data if releasing to third parties or on social media
- When there is a contractual obligation to do so
- When there is a legal obligation to do so
- Managing your database and keeping work-seeker records up to date;
- Contacting the individual to seek your consent where you need it;
- Providing work-finding services to the individual, including sending their information to your clients where they have demonstrated an interest in doing that particular type of work but not expressly consented to you passing on their cv;
- Contacting the individual with information about similar products or services that they have used from you recently; and
- Passing work-seeker’s information to debt collection agencies.
c) Recipient/s of data
Samaras Healthcare Recruitment Ltd will process your personal data and/or sensitive personal data with the following recipients:
- Any clients with whom you wish to potentially take up hiring with. This will be discussed with you first. The consent to release personal data form must be signed and dated and sent back to us as well.
- Clients that you introduce or supply individuals to in the health and social care sector and whom we have a contract with for recruitment.
- Candidates’ former or prospective new employers that you obtain or provide references to
- The Recruitment and Employment Confederation (and any other trade body that we are a member of who may have access to your candidates’ data)
- Any other third parties who carry out audits to ensure that you run your business correctly or line with your
- Payroll service providers who manage your payroll on your behalf
- Any umbrella companies that you pass candidate data to
- Other recruitment agencies in the supply chain
- Our insurers
- Our legal advisers
- Social networks
- Our IT and CRM providers
- Any public information sources and third party organisations that you may use to carry out suitability checks on work-seekers e.g. Companies House, the Disclosure and Barring Service (DBS), National College for Teaching and Leadership (NCTL), Nursing and Midwifery Council (NMC), General Medical Council (GMC), DVLA, credit reference agencies
- Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs), GLAA,
- Trade unions;
- Any of your group companies; and
Any other organisations an individual asks you to share their data with. Please note that this is not an exhaustive list. You will need to examine your recruitment practices and identify any parties that you process personal data with.
d) Statutory/contractual requirement
Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:
- We maybe unable to secure any job roles for you if we cannot release your personal data externally to our clients
- Termination of employment dependant on the reasons for us asking for the data
- If we cannot complete all our recruitment process and checks, we may not be able to find work for you.
Samaras Healthcare Recruitment Ltd will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time.
The Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.
We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.
Where Samaras Healthcare Recruitment Ltd has obtained your consent to process your personal/ sensitive personal data, we will do so in line with our retention policy. Upon expiry of that period Samaras Healthcare Recruitment Ltd will seek further consent from you. Where consent is not granted Samaras Healthcare Recruitment Ltd will cease to process your personal/ sensitive personal data.
Please be aware that you have the following data protection rights:
- The right to be informed about the personal data Samaras Healthcare Recruitment Ltd processes on you;
- The right of access to the personal data Samaras Healthcare Recruitment Ltd processes on you;
- The right to rectification of your personal data;
- The right to erasure of your personal data in certain circumstances;
- The right to restrict processing of your personal data;
- The right to data portability in certain circumstances;
- The right to object to the processing of your personal data that was based on a public or legitimate interest;
- The right not to be subjected to automated decision making and profiling; and
- The right to withdraw consent at any time.
Where you have consented to Samaras Healthcare Recruitment Ltd processing your personal data/sensitive personal data you have the right to withdraw that consent at any time by contacting us at firstname.lastname@example.org.
There may be circumstances where Samaras Healthcare Recruitment Ltd will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific reasons.
If you believe that any of your data that Samaras Healthcare Recruitment Ltd processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.
You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.