JMS Recruitment Limited is committed to protecting your personal information in accordance with the Data Protection Act 1998 and the forthcoming EU General Data Protection Regulation (GDPR).
JMS Recruitment Limited processes personal data in relation to its own staff, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. JMS Recruitment Limited has registered with the ICO and its registration number is ZA361492
JMS Recruitment Limited may hold personal data on individuals for the following purposes:
- Staff administration;
- Accounts and records;
- Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support.
- Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers.
1. The data protection principles
The Data Protection Laws require JMS Recruitment Limited acting as data controller to process data in accordance with the principles of data protection. These require that personal data is:
1. Processed lawfully, fairly and in a transparent manner;
2. Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
4. Accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
5. Kept for no longer than is necessary for the purposes for which the personal data are processed;
6. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that
7. The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.
2. Legal bases for processing
JMS Recruitment Limited will only process personal data where it has a legal basis for doing so (see Annex A). Where JMS Recruitment Limited does not have a legal reason for processing personal data any processing will be a breach of the Data Protection Laws.
JMS Recruitment Limited will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date and those people listed in the Appendix shall be responsible for doing this.
Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support)), JMS Recruitment Limited will establish that it has a legal reason for making the transfer.
3. Privacy by design and by default
JMS Recruitment Limited has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes implementing measures such as:
- data minimisation (i.e. not keeping data for longer than is necessary);
- cyber security
JMS Recruitment Limited shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. JMS Recruitment Limited may provide this information orally if requested to do so by the individual.
1. Privacy notices
Where JMS Recruitment Limited collects personal data from the individual, JMS Recruitment Limited will give the individual a privacy notice at the time when it first obtains the personal data.
Where JMS Recruitment Limited collects personal data other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month. If JMS Recruitment Limited intends to disclose the personal data to a third party then the privacy notice will be issued when the personal data are first disclosed (if not issued sooner).
Where JMS Recruitment Limited intends to further process the personal data for a purpose other than that for which the data was initially collected, JMS Recruitment Limited will give the individual information on that other purpose and any relevant further information before it does the further processing.
2. Subject access requests
The individual is entitled to access their personal data on request from the data controller.
JMS Recruitment Limited, 4-6 Wadsworth Road Perivale Middlesex UB6 7JJ
The individual or another data controller at the individual’s request, has the right to ask JMS Recruitment Limited to rectify any inaccurate or incomplete personal data concerning an individual.
If JMS Recruitment Limited has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however JMS Recruitment Limited will not be in a position to audit those third parties to ensure that the rectification has occurred.
The individual or another data controller at the individual’s request, has the right to ask JMS Recruitment Limited to erase an individual’s personal data.
If JMS Recruitment Limited receives a request to erase it will ask the individual if s/he wants his personal data to be removed entirely or whether s/he is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). JMS Recruitment Limited cannot keep a record of individuals whose data it has erased so the individual may be contacted again by JMS Recruitment Limited should JMS Recruitment Limited come into possession of the individual’s personal data at a later date.
If JMS Recruitment Limited has made the data public, it shall take reasonable steps to inform other data controllers and data processors processing the personal data to erase the personal data, taking into account available technology and the cost of implementation.
If JMS Recruitment Limited has given the personal data to any third parties it will tell those third parties that it has received a request to erase the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however JMS Recruitment Limited will not be in a position to audit those third parties to ensure that the rectification has occurred.
5. Restriction of processing
The individual or a data controller at the individual’s request, has the right to ask JMS Recruitment Limited to restrict its processing of an individual’s personal data where:
- The individual challenges the accuracy of the personal data;
- The processing is unlawful and the individual opposes its erasure;
- JMS Recruitment Limited no longer needs the personal data for the purposes of the processing, but the personal data is required for the establishment, exercise or defence of legal claims; or
- The individual has objected to processing (on the grounds of a public interest or legitimate interest) pending the verification whether the legitimate grounds of JMS Recruitment Limited override those of the individual.
If JMS Recruitment Limited has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold – however JMS Recruitment Limited will not be in a position to audit those third parties to ensure that the rectification has occurred.
6. Data portability
The individual shall have the right to receive personal data concerning him or her, which he or she has provided to JMS Recruitment Limited, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller in circumstances where:
- The processing is based on the individual’s consent or a contract; and
- The processing is carried out by automated means.
Where feasible, JMS Recruitment Limited will send the personal data to a named third party on the individual’s request.
7. Object to processing
The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. The individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest.
JMS Recruitment Limited shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
The individual has the right to object to their personal data for direct marketing.
8. Enforcement of rights
All requests regarding individual rights should be sent to the person whose details are listed in the Appendix.
JMS Recruitment Limited shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within one month of receipt of the request. JMS Recruitment Limited may extend this period for two further months where necessary, taking into account the complexity and the number of requests.
Where JMS Recruitment Limited considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature JMS Recruitment Limited may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.
9. Automated decision making
JMS Recruitment Limited will not subject individuals to decisions based on automated processing that produce a legal effect or a similarly significant effect on the individual, except where the automated decision:
- Is necessary for the entering into or performance of a contract between the data controller and the individual;
- Is authorised by law; or
- The individual has given their explicit consent.
JMS Recruitment Limited will not carry out any automated decision-making or profiling using the personal data of a child.
Reporting personal data breaches
All data breaches should be referred to the persons whose details are listed in the Appendix.
1. Personal data breaches where JMS Recruitment Limited is the data controller:
Where JMS Recruitment Limited establishes that a personal data breach has taken place, JMS Recruitment Limited will take steps to contain and recover the breach. Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual JMS Recruitment Limited will notify the ICO.
Where the personal data breach happens outside the UK, JMS Recruitment Limited shall alert the relevant supervisory authority for data breaches in the effected jurisdiction.
2. Personal data breaches where JMS Recruitment Limited is the data processor:
JMS Recruitment Limited will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.
3. Communicating personal data breaches to individuals
Where JMS Recruitment Limited has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, JMS Recruitment Limited shall tell all affected individuals without undue delay.
JMS Recruitment Limited will not be required to tell individuals about the personal data breach where:
- JMS Recruitment Limited has implemented appropriate technical and organisational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption.
- JMS Recruitment Limited has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise.
- It would involve disproportionate effort to tell all affected individuals. Instead, JMS Recruitment Limited shall make a public communication or similar measure to tell all affected individuals.
All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times:
- Right to respect for private and family life (Article 8).
- Freedom of thought, belief and religion (Article 9).
- Freedom of expression (Article 10).
- Freedom of assembly and association (Article 11).
- Protection from discrimination in respect of rights and freedoms under the HRA (Article 14).
If you have any questions about this policy or about your personal information the please contact JMS Recruitment Limited on 02088107705 – Business Manager
Alternatively you can contact the ICO directly on 0303 123 1113 or at https://ico.org.uk/global/contact-us/email/