What is the purpose of this document?
Fresh Agency Limited is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. You are being sent a copy of this privacy notice because you are applying for work with us either directly or where we are acting as an agent on behalf of a third party who is our client. It makes you aware of how and why your personal data will be used, namely for the purposes of recruitment and to allow you to work for us or our client, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
Data protection principles
We will comply with data protection law and principles, which means that your data will be:
The kind of information we hold about you
In connection with your application for work, we will collect, store, and use the following categories of personal information about you:
We may also collect, store and use the following types of more sensitive personal information:
How is your personal information collected?
We may collect personal information about you from the following sources:
How we will use information about you
We will use the personal information we collect about you to:
It is in our legitimate interests to decide whether to appoint you to work or refer you to our clients for work since it would be beneficial to our business to appoint or refer someone for that work.
We also need to process your personal information to decide whether to enter into a contract with you.
Having read your information, we will then process your personal information to decide whether you meet the basic requirements to be shortlisted for work. If you do, we will decide whether your application is strong enough to progress your application further. If we decide to call you, we will use the information you provide to us to decide whether to offer you work or to refer you to our client for them to decide whether to offer you work.
If we decide to hire you for work or our clients decide to hire you for work we will process your personal information to enable us or our clients to provide you with work and for you to be able to work for us or our clients.
If you fail to provide personal information
If you fail to provide information when requested, which is necessary for us to consider your application for work (such as evidence of qualifications or work history), we will not be able to process your application successfully.
How we use particularly sensitive personal information
We will use your particularly sensitive personal information in the following ways:
Information about criminal convictions
We may process information about criminal convictions but where we do we will always write to you for your permission first and you will always have the right to say no.
Where we do process information about criminal convictions, we will collect information about your criminal convictions history for work that is conditional on these checks (and any other conditions, such as references, being satisfactory). We are entitled to carry out a criminal records check in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the work. In particular:
The work may require a high degree of trust and integrity since it involves dealing with children or people who are vulnerable, or working in an environment where you will be exposed to high value goods or sensitive materials and so we may ask to seek a basic or enhanced disclosure of your criminal records history.
Automated decision-making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Data sharing
Why might you share my personal information with third parties?
We will only share your personal information with the following third parties for the purposes of processing your application and these include:
Data security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data retention
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal obligations (including any legal claims you may make against us), accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. After this period of retention, we will securely destroy your personal information in accordance with applicable laws and regulations.
Rights of access, correction, erasure, and restriction
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our data protection officer in writing.
Right to withdraw consent
You have the right to withdraw your consent for processing your personal information at any time. To withdraw your consent, please contact our data protection officer (DPO) at: The Studio, 46 Brunswick Street East, Brighton and Hove, BN3 1AU / info@freshagents.co.uk. Once we have received notification that you have withdrawn your consent, we will no longer process or store your personal information and, subject to our retention policy, we will dispose of your personal data securely.
The data protection officer and how to contact us
We have appointed our DPO to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at: The Studio, 46 Brunswick Street East, Brighton and Hove, BN3 1AU / info@freshagents.co.uk. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.