Top Personnel Data Protection
Top Personnel is a recruitment agency and an employment business. We provide recruitment services to employment seekers and clients for permanent, contract or temporary employment positions. We also provide local payroll services.
For the purpose of data protection in force the data controller is:
Roel Ltd T/A Top Personnel
31 Hill Street, St Helier, Jersey JE2 4UA
If you have any questions about how we handle your information, please contact us at [email protected]
This policy applies to information we hold about you. In this policy, ‘we’, ‘us’, and ‘our’ mean Top Personnel, which is a trading name of Roel Limited, registered number 16892, registered office 31 Hill Street, St Helier, Jersey, JE2 4UA. ‘You’ and ‘your’ means the person the information relates to.
This policy applies specifically to information held about candidates and possible future candidates, suppliers and possible future suppliers, contacts, and all other people for whom we hold information. By ‘information’ we mean personal information about you that we collect, use, share and store.
Personal Data Management
We collect data for the following to allow us to undertake our business and services. There are five categories:
- Prospective and placed candidates for permanent, contract and temporary placements
- Prospective and live client contacts
- Supplier contacts to support our business
- Employees, consultants and temporary workers
- Website users
How we collect information about you
We collect, store and process personal data only so far as to enable us to fulfil our recruitment services. We will collect your information directly from you or from third parties with your consent.
We make every endeavour to collect and process sensitive personal information in so far as it is necessary to meet our contractual commitments and to ensure that we conform to statutory and legal requirements.
Where you provide us with information about other people, you must make sure that they have seen a copy of this privacy notice and are comfortable with you giving us their information.
How do we collect personal data?
- By completing a registration form, either on paper or submitting online
- Through your contact with us, including by phone, by email, through our websites, by post, by entering competitions, through social media or face-to-face meetings
- By registration to use our site and to subscribe to job bulletins
We may also collect information from:
- Any service providers who work with us in relation to your product or service
- Fraud-detection and credit-reference agencies; and
- Sources which are available to the public, such as the edited electoral register or social media
What information do we collect about you?
We will request information to enable us to provide the recruitment services you require and to offer our range of services. This can include your personal information that we collect directly or automatically, and personal information we collect from other sources.
The information we collect will include:
- Contact address, email address and telephone numbers
- Education details and qualifications
- Employment status and history
- Residential status, eligibility to work and immigration status
- Current remuneration, pension and benefits, and notice period
- Location of current workplace
- Photographic identification
- Proof of address
- Information automatically collected through website cookies, about how you use our website or other technology, including IP addresses, device information or user demographics such as country
Where necessary, we may also collect the following information:
- Date of birth
- Information about family commitments for flexible working
- Emergency contacts
- Compliance documents
- Criminal convictions/ offences, should you share this (details will not be shared without your explicit consent)
- Health information or wellbeing details, should you share this (details will not be shared without your explicit consent)
- Credit reference checks and other screening checks
- Referees and their references
- Jobs applied for and placement details
- Recorded communications including emails, phone calls and in person
- Links to your professional profiles in the public domain
- Social security and ITIS references (for payroll purposes)
- Bank account details (for payroll purposes)
We may also collect information from other people and organisations.
How do we use your personal data?
Your personal information will be stored, used, processed and disclosed where we have your permission and where necessary, to:
- Provide our recruitment search and to facilitate the recruitment process, including assessing your data to match with suitable roles
- Enable you to submit your CV to us, apply online for jobs or to subscribe to job bulletin alerts
- Send with your consent your information to clients in order to apply for jobs or to assess your eligibility for jobs
- Former or prospective new employers that we obtain or provide references to
- Market our full range of recruitment services to you (permanent, temporary and contract placements and career advice)
- Send you information about industry sectors and general employment information which may be of interest
- Third parties where we have retained them to provide services that you or our client have requested such as reference, qualifications, and criminal record checking, verification of the details you have provided from third party sources, skill tests or psychometric evaluation
- Third parties who provide services to us, such as auditors, professional advisors, database providers, website hosts, payroll provider and IT consultants carrying out testing and development work on our systems
- Ensure security and to check your identity
- Regulatory or law enforcement agencies if we believe in good faith that we are required by law to disclose it in connection with the detection of crime, the collection of taxes or duties, in order to comply with any applicable law or order of a court of competent jurisdiction, or in connection with legal proceedings
- Ensure the protection of our business interests or the prevention of fraud
- Comply with legal and regulatory obligations
- Establish where it is necessary to make or defend legal claims
A legitimate interest is where we have a legitimate reason to process your data provided it is reasonable and does not contradict what you would reasonably expect from us.
The legal bases we rely upon to offer our products and services to you are:
- Where your consent is given any specific purposes
- Where we have a legitimate interest
- To comply with a legal obligation
- To fulfill a contractual obligation that we have with you
- Where it is in the public interest or necessary in exercising our official authority as data controller
- To protect your interests
How long will we keep your information?
We keep your personal information in line with set periods calculated using the following criteria:
- For registered candidates actively using our services
- For placed contract/temporary workers seeking future placements
- For placed permanent candidates who have given consent to hold data for notification of suitable roles
- If we have had no active communication for two years, candidates are requested to consent to holding their data or request to be deleted from our systems
- If it is reasonable to keep records to show we have met the obligations we have to you and by law
- If the personal information is required to fulfill our legitimate interests
- As long as is legally required to keep any payroll records, holiday pay, sick pay and other pay along with associated minimum wage, social security and tax legislation
- Any periods for keeping information which are set by law or recommended by regulators, professional bodies or other associations
Once the retention period expires, personal information will be deleted. When the retention period expires, we may seek further consent from you. The right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period where there is no subsequent consent.
If you would like more information about how long we will keep your information please contact us [email protected]
How do we store or transfer your data?
In order to provide a secure and efficient recruitment service, your data will be stored or transferred as follows:
- Within the Top Personnel office
- To third parties such as: professional advisers such as auditors, accountants and lawyers; IT consultants carrying out development and continual testing of our technology systems and service providers for references and credit or criminal conviction checks
- To Jersey clients who may transfer your data internally or internationally
- To a cloud-based storage provider
- Mailgun is used for the purpose of sending emails to registered candidates to approve or revoke the holding of their data
The General Data Protection Regulation (GDPR)
GDPR is a European regulation for all individuals within the European Economic Area (EEA) governing the control of personal data and the provisions and requirements of businesses operating in the EEA.
GDPR provides you with the following rights:
- Right of access: the right to make a written request for details of your personal information and a copy of that personal information
- Right to rectification: the right to have inaccurate or incomplete information about you corrected or removed
- Right to erasure (‘right to be forgotten’): the right to have personal information about you erased
- Right to restriction of processing: the right to request that your personal information is only used for restricted purposes
- Right to object: the right to object to processing of your personal information in cases where our processing is based on the performance of a task carried out in the public interest or we have let you know the processing is necessary for our or a third party’s legitimate interests. You can object to our use of your information for profiling purposes where it is in relation to direct marketing
- Right to data portability: the right to ask for the personal information you have made available to us to be transferred to you or a third party in a portable format
- Right to withdraw consent: the right to withdraw any consent you have previously given us to handle your personal information. If you withdraw your consent, this will not affect the lawful use of your personal information prior to the withdrawal of your consent and we will let you know if we will no longer be able to provide you your chosen product or service
If you make a request, we will ask you to confirm your identity if necessary, and to provide information that helps us to understand your request better. If we do not meet your request, we will explain why. We will make every effort to respond to your request timeously, but if circumstances dictate a period longer than one month, we will contact you advising you of this and the reasons for the delay.
We will process your data at all times in an absolutely confidential way, maintaining the mandatory duty to secrecy with regard to said data, in accordance with the provisions set out in applicable regulations, and to this end adopting the measures of a technical and organisational nature required to guarantee the security of your data and prevent it from being altered, lost, processed or accessed illegally.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access to these systems, with all users trained in the requirements for keeping this personal information confidential. We have measures in place to deal with any suspected data breach.
In order to provide confidential recruitment services, your data is secured as follows:
- The Top Personnel database is supplied by a reputable UK-based provider, policy available on request
- Traffic to and from the database is encrypted using the HTTPS protocol
- The payroll package is hosted on a private network server with limited users
- All servers are dedicated and not shared, based within Top Personnel’s office on a private network protected by its own private firewalls
- Personal payroll data which is emailed is password protected, encrypted and anonymised
Cookies, Web statistics and third party monitoring
Top Personnel maintains continuous logs of its web server activity. These log files include for example the details of website users’ IP addresses, browser type and page last visited. The log files are used to analyse how the website is being used by visitors and may be kept in an anonymised form for historical records.
Top Personnel’s website uses hosted web analytics software. This hosted service is provided and managed by a third party company (Google, Inc). The service Google Analytics uses ‘cookies’ (a text file sent to users’ computers as they browse our website) to help analyse how users navigate our website. The information generated by the cookie regarding our website will be anonymised and transmitted to and stored by Google, Inc. on servers that may be hosted in the United States. Google, Inc. will use this information for the purpose of evaluating use of our website, compiling reports on website activity for website operators and providing other related services to Top Personnel.
Offensive or inappropriate content on the Top Personnel website
If you post or send offensive, inappropriate or objectionable content anywhere on the website or to Top Personnel or otherwise engage in any disruptive behaviour, Top Personnel may use your personal information to stop such behaviour. Where Top Personnel reasonably believes that you are or may be in breach of any of the laws of Jersey (for example because content you have posted may be defamatory), we may use your personal information to inform relevant third parties such as your employer, school email/ internet provider or law enforcement agencies about the content and your behaviour.
You can contact our Data Protection Officer at: The Data Protection Officer, Top Personnel, 31 Hill Street, St Helier, JE2 4UA, Jersey or email: [email protected]