Document DP2 Company Website Privacy Notice v1
30th May 2024

“The Company” refers to CapabilityHR Limited. Registered in England & Wales. Company Number16024178. Registered Office: Eva Lett House, 1 South Crescent, Ripon, United Kingdom, HG4 1SN
Your contact for this document: Shelley Hamilton, 01423 206 025, shelley@capabilityhr.co.uk

Introduction
The Company is a recruitment agency which provides work-finding services to its clients and work-seekers. The Company must process personal data (including special categories of personal data) so that it can provide these services – in doing so, the Company acts as a data controller and is therefore registered with the ICO.

You may give your personal details to the Company directly, such as on an application or registration form or via our website, or we may collect them from another source such as a jobs board. The Company must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you, we will only use your personal data in accordance with this privacy statement. We will comply with current data protection laws at all times.

Collection and use of personal data

Purpose of processing and legal basis. The Company will collect your personal data (which may include special categories of 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.

If you have opted-in we may also send you marketing information and news via email/text.  You can opt-out from receiving these at any time by clicking “unsubscribe” when you receive these communications from us.

On some occasions 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.

We must have a legal basis to process your personal data. The legal bases we rely upon to offer our work-finding 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

Legitimate interest. This is where the Company 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 the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

• Managing our database and keeping work-seeker records up to date
• Providing work-finding services to you and our clients
• Contacting you to seek your consent where we need it
• Giving you information about similar products or services to those that you will have used from us recently

Statutory/contractual requirement. The Company has certain legal and contractual requirements to collect personal data (e.g. to comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, immigration and tax legislation, and in some circumstances safeguarding requirements).  Our clients may require this personal data, and we may need your data to enter into a contract with you. If you do not give us the personal data we need to collect in order to comply with our statutory and legal requirements, we may not be able to continue to provide work-finding services to you.

Recipient/s of data. The Company will process your personal data and/or sensitive personal data with the following recipients:

• Clients (who we may introduce to)
• Your former employers who we may seek references from
• Other recruitment agencies in the supply chain
• Auditors who are assessing the compliance and processes of the business to ensure its adherence to all relevant legislation and good practice guidance

The information the Company may collect. The information you may give the Company via our website or by corresponding with us by phone, email or another method or that the Company may collect include the following personal data:

• Your name, address, private and corporate phone number and email address
• Compliance documentation and references verifying qualifications and experience and your right to work in the United Kingdom
• Curriculum vitae and photograph
• Links to your professional profiles available in the public domain e.g. LinkedIn, X, business Facebook or corporate website

Special categories of personal data:

• Health information
• Criminal conviction(s)

Source of the personal data: The Company may source your personal data/special categories of personal data from:

• Job boards, LinkedIn and LinkedIn Recruiter, business Facebook or corporate website
• A former employer
• A referee whose details you previously provided to us
• Software providers who we use to support our services
• Cookies listed in section 7

Overseas Transfers. The Company will not transfer the information you provide to us to countries outside the UK and/or the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

Data retention. The Company 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. For example, 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 are required to keep your records relating to the right to work in the UK 2 years after employment.

Where the Company has obtained your consent to process your personal/special categories of personal data, we will do so in line with our retention policy, a copy of this will be provided once we receive your personal/special categories of personal data. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data/sensitive personal data.

Your rights. Please be aware that you have the following data protection rights:

• The right to be informed about the personal data the Company processes on you
• The right of access to the personal data the Company 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
• The right to withdraw consent at any time

Where you have consented to the Company processing your personal data/sensitive personal data you have the right to withdraw that consent at any time by contacting Shelley Hamilton by calling 01423 206 025 or emailing shelley@capabilityhr.co.uk. Please note that if you withdraw your consent to further processing that does not affect any processing done prior to the withdrawal of that consent, or which is done according to another legal basis.

There may be circumstances where the Company will still need to process your data for legal or official reasons. Where this is the case, we will tell you and we will restrict the data to only what is necessary for those specific reasons.

If you believe that any of your data that the Company 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.

Cookies. The Company use an application named Iubenda and we do not use trackers or cookies on our website. As our website develops and our needs change, we may consider the use of trackers and cookies and in that case we shall update this policy at that time. Iubenda state when a user opens the page of their website that hosts our privacy or cookie policy no data is actually tracked.

Links to external websites. The Company’s website may contain links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such other sites. When you leave our site we encourage you to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Company’s website.

Sale of business. If the Company’s business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business. Where the sale of the business results in the transfer of your details to a different data controller we will notify you of this.

Data Security. The Company takes every precaution to protect users’ information including the use of firewalls, browser certification technology, encryption, limited access and the use of passwords, regular software updates and antivirus and anti-malware software.

Only employees who need the information to perform a specific job (for example, consultants, our accounts clerk or a marketing assistant) are granted access to your information. The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of email/the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via email/the Internet. If you share a device with others, we recommend that you do not select the “remember my details” function when that option is offered.

If you have any questions about the security at our website, you can email Shelley Hamilton at shelley@capabilityhr.co.uk

Changes to this privacy statement. We will update this privacy statement from time to time. We will post any changes on the statement with revision dates. If we make any material changes, we will notify you.

Complaints or queries. If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Shelley Hamilton on 01423 206 025 or email shelley@capabilityhr.co.uk. You will find the Company complaints policy in the footer of their website www.capabilityhr.co.uk

You also have the right to raise concerns with the Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/make-a-complaint/, or any other relevant authority should your personal data be processed outside of the UK and you believe that your data protection rights have not been adhered to.

CapabilityHR Limited. Registered in England & Wales. Company Number16024178.
Registered Office: Eva Lett House, 1 South Crescent, Ripon, United Kingdom, HG4 1SN

Your contact for this document: Shelley Hamilton, 01423 206 025, shelley@capabilityhr.co.uk