This privacy notice informs you of what to expect in relation to personal information which is collected, handled and processed by Livingston James Ltd.
Livingston James Ltd of 218 St. Vincent Street, Glasgow, G2 5SG is a recruitment business which provides work-finding services to its clients and work-seekers. For us to do this we must process personal data (including at times sensitive personal data) so that we can provide these services. In doing this Livingston James Ltd acts as a Data Controller.
All personal data collected by Livingston James Ltd is stored within the UK.
What types of personal data to we collect?
For our Clients, the following are categories of data that we may process or create:
- Personal data – Your name, job title, work address, work email, work telephone, work mobile, personal mobile
- Feedback data – views and feedback from interactions between our candidates and clients
For our Candidates, the following are categories of data that we may process or create:
- Personal data – Your name, age, gender, marital status, passport details, Visa details, National Insurance number, Bank name and account number, tax coding, photographs and previous employment earnings
- Contact data –home address, work address, telephone numbers, email addresses and social media links
- Career data (including current and former) – Job titles, Employers, Salary and Benefits package, dates of employment, experience, qualifications, skills and training
- Background check data (where required by law and subject to express consent) – References, disciplinary issues, residency, credit checks, criminal records checks
- Feedback data – views and feedback from interactions between our candidates and clients, views and feedback from interactions between us and you, views and feedback from attendance at testing sessions
Special categories of personal data
‘Special categories of personal data’ means information about your racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; health; sex life or sexual orientation; criminal convictions, offences or alleged offences; genetic data; or biometric data for the purpose of uniquely identifying you. We must have additional legal grounds for processing special categories of personal data.
We do not process Special Categories of data, except where:
- It is required or permitted by law, for example to comply with diversity reporting obligations
- It allows us to exercise or perform employment law rights or obligations
- It protects the vital interests of you or another person
- It prevents crime
- We have obtained your prior explicit consent prior to processing
Where does your personal data come from?
Personal data may come from you directly through you contacting us or by providing us with a CV, or may be created by us. Additionally, it can come from the following sources:
- Social media platforms where the information is in the public domain
- Internet Searches that access information that is in the public domain
- Colleagues or former colleagues
- Employers or former employers
- Background check providers
- Credit reference agencies
- Former employers or other referees, whom you have given us permission to contact
- Membership bodies
- Test and Assessment centre providers
- Interactions between candidates, clients and connected parties
Why we need to process your data, and the legal basis for doing so?
The legal bases that we will use are:
- Contractual necessity – Where we need to do so to perform the employment contract, for example to pay you correctly.
- Legal Obligation – Where there is a legal requirement for us to do so, for example to pass your details to our pension provider.
- Legitimate Interest – Where it is necessary for our legitimate interest, and your rights and freedoms do not override ours
- Express Consent – Where we process special categories of data or share your personal data with a client.
The purposes that we process your personal data and the legal basis include:
- Recruitment activities, for example making a decision about your suitability for a job opportunity, including assessing your skills, qualifications and suitability for work – For our legitimate interest
- Forwarding of your CV to a client for a career or job opportunity – Consent
- Carrying our background and reference checks – For our legitimate interest and to comply with a legal obligation
- Checking you are legally entitled to work in the country of the job vacancy – To comply with a legal obligation
- To enable us to contact you – For our legitimate interest
- Administer our contract with you and ensure compliance with the terms of the contract – To carry out a contract
- Provide and process payments to you – To carry out a contract
- Invoice your organisation for services carried out – To carry out a contract
- Carry out business management and planning, including accounting and auditing – For our legitimate interest
- To communicate opportunities to attend relevant networking events – For our legitimate interest
- To receive relevant marketing communications or to be informed about career opportunities that may interest you – For our legitimate interest
Who has access to your personal data?
We may disclose personal data with our clients and candidates for the purposes noted in this notice.
In addition, we may disclose this data to:
- legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- outside professional advisors and third-parties (such as our bank, accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;
- third party Processors (such as pre-employment screening providers), located anywhere in the world;
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
- any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); an
Livingston James Group business is international in nature, and personal data may be transferred to countries both within and outside the European Economic Area where Livingston James Group does business in order to provide work-finding services.
We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including to satisfy any legal, accounting or reporting requirements.
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.
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; and
- The right to withdraw consent at any time.
Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Steve Beck, Livingston James, 218 St. Vincent Street, Glasgow, G2 5SG.
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.