Martel-Dunn Recruitment is a Recruitment Consultancy Company, providing recruitment services to Candidates and Clients. This Privacy Notice outlines the legislation we adhere to with respect to protecting and processing the personal information we collect from you and use, transfer and store said personal information throughout the duration of our relationship in providing you with recruitment services, employment or other associated relevant information.
As Data Controllers Martel-Dunn Recruitment are committed to protecting the privacy and security of your (Client and Candidate) information. By engaging our services, you consent to the data practices described in this statement which are in accordance with the Data Protection (Bailiwick of Guernsey) Law 2017, (the Guernsey Data Protection Law) and The European Union General Data Protection Regulation (GDPR). We will work with fairness, transparency and legitimacy when processing your personal information.
Any updates to this Privacy Notice will be posted on our website : www.martel-dunn.com
Any questions pertaining to this Privacy Notice should be addressed to Sandra Martel-Dunn (Data Protection Officer) at firstname.lastname@example.org
Collection and use of personal data
Purpose of processing and legal basis
The Company will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with job- finding services. The legal basis we rely upon to offer these services to you are :
- Legitimate interest
- Legal obligation
- Contractual obligation
We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you have provided your contact details in order that we may use these to provide you with details of our services you may have consented to our processing of the data for that purpose. In other cases, you may have provided your written or verbal consent to the use of your data for a specific reason, for example references.
In addition, we will obtain your explicit written consent to process your “Special Category Data” (detailed below) on a one-off basis, reverting to you with any future requests.
Is where the Company has relied on a legitimate interest to process your personal data. Our legitimate interest is as an Agency, providing job-finding services to individuals (Candidates) seeking employment.
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. Failure to provide the data to us as an Agency, will not enable us to provide job-finding services to you.
We will process data for two categories of individuals :
Individuals seeking jobs (Candidates)
Individuals working for businesses seeking to employ Candidates (Clients)
Personal Data is any information that can be used to identify you or that can be linked to you and may include :
- Full Name
- Date and Place of Birth
- Home Address
- Telephone numbers, fax, email, other electronic contact methods as appropriate (WhatsApp, Messenger etc.)
- Passport Number
- Verified Home Address
- Verified Photo ID
- Driving Licence
- Marital Status and family details
- Next of Kin and/or emergency contact information
- Social Security Number and ETI Coding Notice
- Right to Work documentation including Employment Permits as appropriate
- CV including certificates of Professional and Academic Qualifications and Membership of Professional Bodies
- Employment records including company names, duration and positions held, working hours, remuneration packages
- Disciplinary and Grievance information
- File notes which may contain Special Category or Personal Data
- We allocate a specific Candidate Reference number upon your registration
- Referees contact details
- Extra-curricular interests
We may also collect, store and process “Special Categories of Data” as follows :
- Health information, including medical condition/specific health related needs within the workplace, sickness records
- Criminal convictions and offences
- Religious beliefs
- Trade Union and other memberships
The legal basis for processing this kind of data is taking steps at your request with a view to finding you a suitable position.
Undertaking tasks where we have a legal obligation:
- Checking you are legally entitled to work and live on Guernsey
- Criminal convictions and Offences by virtue of a Police Clearance Certificate
We may collect personal data from the following :
- Our Website application form
- An emailed, posted, or hand delivered CV
- Social Media Contact (SMS., WhatsApp, Facebook, Messenger etc.)
- Public Domain (i.e. Newspaper articles/sports reports etc.)
- Interviews – in person or by telephone or video link
- Personal referrals, from friends, family members or Clients
How your Data is Used
Your personal data may be used by us to :
- Assess your suitability for Client vacancies
- Introduce you to Clients as a suitable candidate for their vacancy
- Consider your employment by our company as a contract worker
- Fulfil our legal requirement when approached by the States of Guernsey Regulatory Departments and Law Enforcement officers
Retention Period of personal data
We will only retain your personal data for as long as is necessary to fulfil the purposes of collection.
In most circumstances your data will not be retained for more than 6 years from the last point at which we provided any services or otherwise engaged with you and it is our policy to only store your personal data for as long as is reasonably necessary for us to comply with our legal obligations and for our legitimate business interests. However, we may retain data for longer than a 6 year period where we have a legal or contractual obligation to do so, or we are subject to a legal obligation which applies for a longer period.
If however you believe that we should delete your personal data at an earlier date, please email the Data Protection Officer (Sandra Martel-Dunn) at email@example.com
We take the protection of your personal data very seriously and it is important that you know your rights within that context, which include rights to:
- Request a copy of the personal data that we hold and process (data subject access request)
- Object to our processing of your data where that processing is based upon legitimate interest and there are no compelling grounds for the continued processing of that data
- Request that we restrict processing of your data in certain circumstances
- Request that data is erased where the continued use of that data cannot be justified
- Request that inaccurate or incomplete data is rectified, and changes are advised to us during the course of our relationship
- Data portability in certain circumstances
- Not to be subjected to automated decision making and profiling (we do not use automated profiling systems)
- Withdraw your consent to our processing of your personal data for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations
If you have any questions concerning your rights or should you wish to exercise any of these rights, please contact Sandra Martel-Dunn (Data Protection Officer)
If you are dissatisfied about any aspect of the way in which your data is processed you may, in the first instance refer the matter to Sandra Martel-Dunn (Data Protection Officer)
Who we share personal data with:
We will not share your personal data unless we are entitled to do so and only with your consent. The categories of persons with whom we may share your personal information include Clients and other third parties necessary for providing you with job opportunities.
Any regulatory authority or statutory body pursuant to a request for information or any legal obligation which applies to us
Parties who process data on our behalf, which may include :
- outsourced payroll providers
- IT and reception support supply companies
- Storage service providers including cloud providers
- Background screening providers
- Legal and professional advisers
Transfer of data to other jurisdictions
In the course of the provision of our Recruitment Services we may transfer data to countries or international organisations outside of the EEA. This may, for example, be to Clients or Candidates, or third parties who provide support services to us. Where information is to be so transferred, it may be to a country in respect of which there is an adequacy decision from the EU Commission. However, if this is not the case, it is our policy to take steps to identify risks and in so far as is reasonably practicable, ensure that appropriate safeguards are in place.
Data Security and Confidentiality
It is our policy to ensure, in so far as is reasonably practicable, that our systems and records are secure and not accessible to unauthorised third parties in line with codes of best practice. However should a suspected data breach occur we will notify you and any applicable regulator where it is legally incumbent on us so to do. Third parties will only process your information on our explicit instructions and where they have agreed to keep and treat the information confidentially and secure.
Personal Client information we may collect can include :
- Job specifications and salary bandings for vacancies you have retained us to recruit for
- Discussions with HR Departments, Hiring Managers and other staff both on Island and at your other jurisdictions
- Your website
- Social Media sites (LinkedIn, Facebook Pages etc)
- Public domain (Business Editorials, Guernsey Press etc)
- Candidates and other third-party Clients who have referred you
Personal Client data we may process can include :
- Company name, contact name, position, office location map and email address
- Contact details including direct line, switchboard and mobile telephone numbers
- File notes arising from meetings, emails and telephone conversations with your staff
Personal Client data we may process :
- Name, position, company name
- Contact details, including direct line, switchboard and mobile telephone numbers, office and email address
- File notes arising from emails, meetings, and telephone conversations
We may use Client personal data for the following purposes:
- Advising you of and introducing you to potential Candidates
- Compliant with our legal obligations to provide information to the States of Guernsey, regulatory, and law enforcement agencies
- Referencing our business history with your company
Our legal basis for processing personal Client data:
Our legal basis for the processing of personal data is our legitimate business interest as a supplier of recruitment consultancy services. In addition, it may be necessary to rely on contractual or legal obligations, or your specific consent.
Should we enter into a PSA (Preferred Supplier Agreement) or similar, we may process any of the information in accordance with the above clauses.
Compliance with legal obligations
It is incumbent on us to comply with legislation with respect to States of Guernsey Income Tax and Social Security reporting requirements. There may also be occasions to submit information to other statutory and regulatory authorities.
Legitimate business interests
As a provider of recruitment consultancy services, we have a legitimate business interest in processing personal Client data for purposes including:
- Bookkeeping and statutory record keeping.
- Dealing with any contractual disputes or legal issues that may arise with respect to the employment or potential employment of Candidates.
- System requirements (including data backup).
We may process your personal Client data following instructions and consent to submit Candidate CVs for your vacancies. It is your right to withdraw your consent to your data being processed for a specific purpose at any time. However, if you withdraw your specific consent we may still retain and process your personal data in accordance with our legitimate business interests, or in compliance with our legal and statutory obligations.
Special Category Data
Should you wish to disclose to us any relevant (to our business relationship) Special Category Data, we will obtain your explicit consent to the processing of that data by us, including the purpose for which that data is required.
Our sharing of personal client data:
We only share your personal data when we are entitled or obliged to do so. We may share your personal data with:
- Candidates, as necessary for the provision of recruitment consultancy services.
- Regulatory authorities and statutory bodies with whom we are legally obliged to share personal data. (States of Guernsey Income Tax, Insurance Authority, Law Enforcement Agencies etc)
- Our suppliers, such as IT suppliers, reception service providers and cloud storage providers.
- Professional advisers, lawyers, accountants etc
- Background screening providers
Effective Date : 30.04.18