Effective Date: 24th May 2018
Effective Date: 24th May 2018
This privacy notice provides a framework of understanding about the personal data that are collected by Digitalent Recruitment Limited (“hereinafter called the Data Controller”), as required by law including the provisions of the European Union’s General Data Protection Regulation (GDPR).
The Data Controller is Digitalent Recruitment Limited with the registered office in 55 Hoghton Street, Southport, Merseyside, United Kingdom PR9 0PG. The personal data collected will be controlled and processed by the Data Controller.
This privacy notice applies to:
- Our job candidates and recipients of our career services,
- Our associates, who are people we source or place on assignment with one of our clients,
- Users of the Digitalent website (https://digitalent.agency)
- Representatives of our business partners, clients and vendors.
This privacy notice does not apply to our employees, who are individuals employed by Digitalent Recruitment Limited and who work directly for Digitalent Recruitment Limited and not directly with a Digitalent Recruitment Limited client.
The privacy notice describes the types of personal data or personal information we collect, how we use the information, how we process and protect the information we collect, for how long we store it, with whom we share it, to whom we transfer it and the rights that individuals can exercise regarding our use of their personal data. We also describe how you can contact us about our privacy practices and to exercise your rights.
Information We Collect
We collect personal information about you in various ways, such as through our website and social media channels; at our events and through phone and fax; through job applications and in connection with in-person recruitment; and in connection with our interactions with clients and vendors. We may collect a selection of personal data dependant on the nature of the relationship, including, but not limited to (as permitted under local law):
• contact information (such as name, postal address, email address and telephone number);
• username and password when you register on our website;
• information you provide about friends or other people you would like us to contact. (The Controller assumes that the other person previously gave an authorisation for such communication) ; and
• other information you may provide to us, such as in surveys or
• through the “Contact Us” feature on our website
In addition, if you are an associate or job candidate, you apply for a position or create an account to apply for a position, we may collect the following types of personal data (as permitted under local law):
• employment and education history;
• language proficiencies and other work-related skills;
• social Security number, national identifier or other government-issued identification number;
• date of birth;
• bank account information;
• citizenship and work authorisation status;
• benefits information;
• tax-related information;
• information provided by references; and
• information contained in your resume or C.V., information you provide regarding your career interests, and other information about your qualifications for employment.
And where required by law and explicit consent has been provided by you:
• disabilities and health-related information;
• results of drug tests, criminal and other background checks.
• special categories of data, such as information about ethnic origin, sexual orientation or religion or belief in order to monitor diversity in recruitment
In addition, we may collect information you provide to us about other individuals, such as information related to emergency contacts.
How We Use the Information We Collect
The Controller collects and uses the data gathered for the following purposes (as permitted under local law):
1. providing workforce solutions and connecting people to work;
2. creating and managing online accounts;
3. processing payments;
4. managing our client and vendor relationships;
5. responding to individuals’ inquiries and claims;
6. operating, evaluating and improving our business (including developing, enhancing, analysing and improving our services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);
7. protecting against, identifying and seeking to prevent fraud and other unlawful activity, claims and other liabilities; and
8. complying with and enforcing applicable legal requirements, relevant industry standards, contractual obligations and our policies.
9. where permitted under law, consistent with the Data Controller’s Cookie and Advertising Notice (which is incorporated herein by reference) and only if you have given your consent, to send promotional materials, alerts regarding available positions and other communications;
10. where permitted under law and only if you have given your consent, to communicating about, and administering participation in, special events, promotions, programs, offers, surveys, contests and market research;
In addition to the activities listed above, if you are an associate or job candidate and you apply for a position or create an account to apply for a position, as permitted under local law, we use the information described in this privacy notice for the following purposes:
11. providing you with job opportunities and work;
12. providing HR services to you, including administration of benefit programs, payroll, performance management and disciplinary actions;
13. providing additional services to you, such as training, career counselling and career transition services;
14. assessing your suitability as a job candidate and your associate qualifications for positions; and
15. performing data analytics, such as (i) analysing our job candidate and associate base; (ii) assessing individual performance and capabilities, including scoring on work-related skills; (iii) identifying skill shortages; (iv) using information to match individuals and potential opportunities, and (v) analysing pipeline data (trends regarding hiring practices).
All processing will be carried out based on adequate legal grounds which may fall into a number of categories, including:
a. explicit consent from the data subject, where required by applicable law e.g. when you tick a box to receive email newsletters
b. to ensure that we comply with a statutory or contractual requirement (e.g. our client may require your personal data), and/ or a requirement necessary to enter into a contract. You are obliged to provide this data and if you do not we will be unable to provide you with our services e.g. providing you with job opportunities or processing your personal data to ensure that your wages and taxes are paid.
c. it is essential and necessary for the legitimate interest of the Data Controller e.g. letting the user access the website to be provided with the services offered. Please see our section on Legitimate Interests below to learn more about these interests and when we may process information in this way.
We also may use the information in other ways for which we provide specific notice at or prior to the time of collection.
The Data Controller may process personal data for certain legitimate business purposes, which includes some of all of the following:
• where the process enables us to enhance, modify, personalise or otherwise improve our services/communications for the benefit of our clients, candidates and associates;
• to identify and prevent fraud;
• to enhance security of our network and information systems;
• to better understand how people interact with our websites;
• for direct marketing purposes;
• to provide postal communications to you which we think will be of interest to you;
• to determine the effectiveness of promotional campaigns and advertising
Whenever we process data for these purposes we will ensure that we keep your rights in high regard and take account of these rights. You have the right to object to such processing, and if you wish to do so please click here. Please bear in mind that if you exercise your right to object this may affect our ability to carry out and deliver services to you for your benefit.
How We Process and Protect Personal Information
We process the personal data we collect for the purposes defined in this notice and for a period only as long as is necessary for the purposes we collected it. Different laws and obligations may also require us to keep different data for different periods of time.
We maintain administrative, technical and physical safeguards designed to protect the personal data you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. In order to ensure the appropriate security and confidentiality of the personal data, we apply to the following security measures:
• Encryption of data in transit;
• Strong user authentication controls;
• Hardened network infrastructure;
• Network monitoring solutions;
How Long We Store the Data We Collect
We will keep your personal data for the time period necessary to achieve the purposes described in this Privacy Notice, taking into account applicable statute of limitation periods and records retention requirements under applicable law. Subject to applicable law, we will retain your personal data as required by the company to meet our business and compliance obligations, for example, to comply with our tax and accounting obligations.
• We store in our systems the personal data we collect in a way that allows the identification of the data subjects for no longer than it is necessary in light of the purposes for which the data was collected, or for which that data is further processed.
• We determine this specific period of time by taking into account:
• The necessity to keep stored the personal data collected in order to offer services established with the user;
• In order to safeguard a legitimate interest of the Data Controller as described in the purposes;
• The existence of specific legal obligations that make the processing and related storage necessary for specific period of times;
Information We Share
We do not disclose personal data that we collect about you, except as described in this privacy notice or in separate notices provided in connection with particular activities. We may share personal data with vendors who perform services on our behalf based on our instructions. We do not authorise these vendors to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share your personal data (i) with our subsidiaries and affiliates; (ii) if you are a job candidate, with clients who may have job opportunities available or interest in placing our job candidates; and (iii) with others with whom we work, such as job placement consultants and subcontractors, to find you a job.
In addition, we may disclose personal data about you (i) if we are required to do so by law or legal process; (ii) to law enforcement authorities or other government officials based on a lawful disclosure request; and (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganisation, dissolution or liquidation).
We also may transfer the personal data we collect about you to countries outside of the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the personal data. When we transfer your information to other countries, we will protect that data as described in this privacy notice and such transfers will be in compliance with applicable law.
The countries to which we may transfer the personal data we collect about you may be:
• Within the European Union
• Outside the European Union
When we transfer personal data from within the European Union to countries or international organisations that are based outside the European Union the transfer takes place on the basis of:
1. Adequacy decision by the European Commission;
2. In absence of an adequacy decision other legally permitted grounds (a) legally binding and enforceable instrument between public authorities or bodies; (b) binding corporate rules; (c) standard data protection clauses (formerly called the Model Clauses) adopted by the Commission, etc.
Your Rights as Data Subjects
When permitted by applicable law, a data subject can exercise under Articles 15 to 22 of the GDPR the following specific rights:
Right of access: A data subject has the right to access his or her personal data concerning which in order to verify that his or her personal data is processed in accordance to the law.
Right to rectification: A data subject has the right to request the rectification of any inaccurate or incomplete data held about him or her, in order to protect the accuracy of such information and to adapt it to the data processing.
Right to erasure: A data subject has the right to request that the Data Controller erases information about him or her and to no longer process that data.
Right to restriction of processing: A data subject has the right to request that the Data Controller restricts the processing of his or her data.
Right to data portability: The data subject has the right to request the data portability meaning that the data subject can receive the originally provided personal data in a structured and commonly used format or that the data subject can request the transfer of the data to another Data Controller.
Right to object: The data subject who provide a Data Controller with personal data has the right to object, at any time to the data processing on a number of grounds as set out under GDPR without needing to justify his or her decision.
Right not to be subject of automated individual decision-making: The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, if such profiling produces a legal effect concerning the data subject or similarly significantly affects him or her.
Right to lodge a complaint with a supervisory authority: Every data subject has the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes GDPR.
Whenever the processing is based on the consent, as under art.7 of the GDPR, the data subject may withdraw their consent at any time. There may be circumstances where we will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific requirements.
If you believe that any of your data that we process is incorrect or incomplete, please contact us and we will take reasonable steps to check its accuracy and correct it where necessary.
If you require more information about the processing of your personal data, please refer to the How to Contact Us section below.
Updates to our Privacy Notice
This privacy notice (including any addenda) may be updated periodically to reflect changes in our privacy practices and legal updates. For significant changes, we will notify you by posting a prominent notice on our website indicating at the top of each Notice when it was most recently updated.
How To Contact Us
If you have any questions or comments about this Privacy Notice, would like to exercise your rights, please write to:
The Data Privacy Officer
Digitalent Recruitment Limited
55 Hoghton Street
Cookie and Advertising Notice
Last Updated: [24th May 2018]
When you visit our website, we may collect certain information by automated means, such as cookies, web beacons and web server logs. The information we may collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our websites, dates and times of visits to our website and other usage statistics.
A “cookie” is a file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.
A “web beacon” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and is used to transmit information collected through cookies back to a web server. Through these automated collection methods, we may obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website.
Our website uses these types of cookie:
a. Technical Cookies
Technical cookies are those used exclusively with a view to “carrying out the transmission of a communication on an electronic communications network, or insofar as this is strictly necessary to the provider of an information society service that has been explicitly requested by the contracting party or user to provide the said service.”
b. Profiling Cookies
Profiling cookies are aimed at creating user profiles. They are used to send ads messages in line with the preferences shown by the user during navigation. In the light of the highly invasive nature of these cookies vis-à-vis users’ private sphere, local and European legislation requires users to be informed appropriately on their use so as to give their valid consent.
How We Collect the Information by Automated Means
As you click through our website, a record of the action may be collected and stored. We link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. You browser will allow you to block cookies, however, you may not be able to use all of the features of our website without cookies. We will obtain your consent before collecting personal information using cookies or similar automated means to the extent required by applicable law.
Providers of third-party apps, tools, widgets and plug-ins on our website, such as social media sharing tools, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. Subject to applicable law, Digitalent Recruitment Limited is not responsible for these providers’ information practices.
To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.
How We Use the Information We Collect
We use information collected through cookies, web beacons, pixels, web server logs and other automated means for purposes such as
i. customising our users’ use of our website;
Ii. delivering content tailored to our users’ interests and the manner in which our users use our website; and
Iii. managing our website and other aspects of our business.
We also use third-party analytics services on our website, such as those of Google Analytics and Adobe Omniture. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse your use of our website. The information collected through these means (including IP address) may be disclosed to these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the website. To learn more about these analytics services and how to opt out, please visit the following sites and any sites contained in the country-specific addenda:
Google Analytics: tools.google.com/dlpage/gaoptout
Adobe Analytics: adobe.com/privacy/analytics.html#1
Profiling and Interest-Based Advertising
On our website, we may collect information about your online activities to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of this notice provides details and explains how to exercise your rights. To learn more about how to opt out of ad network interest-based advertising, please visit the consumer opt-out page at aboutads.info/choices/.
You may see certain Digitalent Recruitment Limited ads on other websites because we engage third-party advertising networks. Through such advertising networks, we can target our messaging to users through demographic, interest-based, behavioural and contextual means. Through the ad networks, we can track your online activities over time by collecting information through automated means, including through the use of third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests and previous activity. The information our advertising networks may collect on our behalf includes data about your visits to websites that serve Digitalent Recruitment Limited advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts. To learn how to opt out of this ad network interest-based advertising, please visit aboutads.info/choices/. To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising.
Our websites are not designed to respond to “do not track” signals from browsers.
Information collected through third-party plug-ins and widgets on the website (such as information relating to your use of a social media sharing tool) is collected directly by the providers of the plug-ins and widgets. This information is subject to the privacy policies of the providers of the plug-ins and widgets, and Digitalent Recruitment Limited is not responsible for those providers’ information practices.
Links to Third-Party Sites, Apps and Services
For your convenience and information, our website may provide links to third-party sites, apps and services that may be operated by companies not affiliated with Digitalent Recruitment Limited. These companies may have their own privacy notices or policies, which we strongly suggest you review. We are not responsible for the privacy practices of any non-Digitalent Recruitment Limited sites, apps or services.
Updates to Our Cookie and Advertising Notice
This Cookie and Advertising Notice (including any addenda) is part of our Privacy Notice and may be updated periodically to reflect changes in our privacy practices and legal requirements. For significant changes, we will notify you by posting a prominent notice on our website indicating at the top of each Notice when it was most recently updated.