Privacy Notice

“We”, “Us” or “Our” means Mainstay Recruitment Solutions LTD of Unit 3 Hatherton Court, 21 Hatherton Street, Walsall, WS4 2LA

Company Contact Details – Alex Williams is the data Protection Office and all members of the payroll team are Data Controllers.

Contact on 01922 666 800.

Date of Issue – 28/04/2023

Who we are

We are a recruitment business which provides work-finding services to its clients and work-seekers. We must process personal data (including sensitive personal data) so that we can provide these services – in doing so, we act as a data controller. You may give your personal details to us directly, such as on an application/registration form or via our website, or we may collect them from another source like a job board. We 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 data in accordance with this privacy notice. We will always comply with current data protection laws.

Our website address is: https://mainstayrecruitment.co.uk.

Collection and Use of Personal Data

Purpose of processing and legal basis

We 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. 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:

  • Consent
  • Legitimate interest
  • Legal obligation
  • Contractual obligation

Legitimate Interest

This is where we have a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where we have 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.
  • Payroll, tax and NI deductions and payment of wages

Statutory/Contractual Requirement

We have 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 also require this personal data, and/or we may need your data to enter into a contract with you. If you do not give us personal data we need to collect, we may not be able to continue to provide work-finding services to you.

Recipient/s of Data

We will process your personal data and/or sensitive personal data with the following recipients:

  • Clients
  • Former employers whom we may seek references from
  • Payroll service providers who manage payroll on our behalf or other payment intermediaries whom we may introduce you to
  • Other recruitment agencies in the supply chain
  • External auditors ensuring compliance within our business

Information to be Provided When Data Collected Not from the Data Subject

We have collected the following categories of personal data on you:

Personal data:

  • Name / Contact details
  • Address
  • National insurance no. (If on CV)
  • Work history
  • Any other information outlined on you CV

Sensitive personal data:

  • Health information including whether you have a disability

How we sourced your personal data/sensitive personal data:

  • From Job boards, namely Total Jobs, Monster, CV Library and LinkedIn
  • Cookies listed in section 7
  • This information came from a publicly accessible source

Overseas Transfers

We may transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. We will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

Data Retention

We 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 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. This is currently 3 to 6 years. Where we have obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention policy. Upon expiry of that period we will seek further consent from you. Where consent is not granted we will cease to process your personal and sensitive personal data. Our standard retention period for your personal data and sensitive personal data is currently 3 years. Any review and subsequent change of this period will be sent to you in writing either electronically or in the post.

Your Rights

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

  • The right to be informed about the personal data we process on you
  • The right of access to the personal data we 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 us processing your personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting your managing consultant or a member of the payroll team via email, face to face or in writing. 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 we 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 we process 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

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Log Files

We use IP addresses to analyse trends, administer the site, track users’ movements, and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links to External Websites

Our website may contain links to other external websites. Be aware that we are not responsible for the privacy practices of other sites. When you leave our site we encourage you to read the privacy statements of other sites that collect personal information. This privacy statement applies only to information collected by our website.

Sale of Business

If the 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.

Data Security

We take every precaution to protect our users’ information by implementing security measures such as firewalls, browser certification technology, encryption, limited access to and use of passwords for the personal information. 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.

We use 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 we 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 our website security, please email alex.williams@mainstayrecruitment.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 our Data Protection officer, Alex Williams on 01922 666 800 or via email at alex.williams@mainstayrecruitment.co.uk.

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