Privacy Policy
As a childcare recruitment
company, Hyde Park International Ltd is obliged to comply with data protection
legislation in the UK, and in particular with the EU General Data Protection
Regulation ("GDPR") 2018
This Data Protection Policy ("DPP") sets out Hyde Park
international Ltd’s (and all those who work for Hyde Park International Ltd)
commitment to protecting personal data of our clients and our candidates, and
how that commitment is implemented in respect of the collecting, processing,
using, storing and sharing of personal data.
Data Protection Law
All organisations that process personal data are required to comply with
data protection legislation. This includes in particular the Data Protection
Act 1998 (or its successor) and the EU General Data Protection Regulation
(together the 'Data Protection Laws').
The Data Protection Laws give individuals (known as 'data subjects')
certain rights over their personal data whilst imposing certain obligations on
the organisations that process their data.
As a recruitment business Hyde Park international Ltd collects and
processes both personal data and sensitive personal data.
This policy sets out how Hyde Park International Ltd implements the Data
Protection Laws.
Definitions
In this policy the following terms have the following meanings:
·
'Consent' means any freely given, specific, informed and unambiguous
indication of an individual's wishes by which he or she, by a statement or by a
clear affirmative action, signifies agreement to the processing of persona data
relating to him or her
·
'Data controller' means an individual or organisation which, alone or jointly with
others, determines the purposes and means of the processing of personal data
·
'Data processor' means an individual or organisation which processes personal data
on behalf of the data controller
·
'Personal data'* means any information relating to an individual who can be identified,
such as by a name, an identification number, location data, an online identifier
or to one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that natural person
·
'Personal data breach' means a breach of security leading to the
accidental or unlawful destruction, loss, alteration, unauthorised disclosure
of, or access to, personal data
·
'Processing' means any operation or set of operations performed on personal
data, such as collection, recording, organisation, structuring, storage
(including archiving), adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction
·
'Sensitive personal data'* means personal data revealing racial or
ethnic origin, political opinions, religious or philosophical beliefs, or trade
union membership, and the processing of genetic data, biometric data, data
concerning health, an individual's sex life or sexual orientation and an
individual's criminal convictions, such as DBS/Access NI/PVG information.
* For the purposes of this policy we use the term 'personal data' to
include 'sensitive personal data' except where we specifically need to refer to
sensitive personal data.
·
'Supervisory authority' means an independent public authority which
is responsible for monitoring the application of data protection. In the UK the
supervisory authority is the Information Commissioner's Office (ICO).
ICO Registration and Data
Protection Officer (DPO)
Hyde Park International Ltd processes personal data in relation to its
own staff, work-seekers and individual client contacts and is a data controller
for the purposes of the Data Protection Laws. Hyde Park International Ltd is registered
with the ICO. The ICO number for Hyde Park International Ltd is Z3395566 .
Hyde Park International Ltd has appointed a Data Protection
Officer (DPO) who is responsible for ensuring Hyde Park international
Ltd compliance with the Data Protection Laws. The DPO's contact details are:
Name: Martin Long
Email: newburytechnicalsolutions@outlook.com
Data Processing Under the
Data Protection Laws
Hyde Park International Ltd may hold personal data on individuals for the
following purposes:
·
Staff
administration;
·
Advertising,
marketing and public relations;
·
Accounts
and records;
·
Administration
and processing of work-seekers' personal data for the purposes of providing
work-finding services, including processing using software solution providers
and admin support;
·
Administration
and processing of clients' personal data for the purposes of
supplying/introducing candidates seeking work
A: The data protection
principles
The Data Protection Laws require Hyde Park International Ltd acting as
either data controller or data processor to process data in accordance with the
principles of data protection. These require that personal data is:
1.
Processed
lawfully, fairly and in a transparent manner;
2.
Collected
for specified and legitimate purposes and not further processed in a manner
that is incompatible with those purposes;
3.
Adequate,
relevant and limited to what is necessary in relation to the purposes for which
they are processed;
4.
Accurate
and kept up to date; every reasonable step must be taken to ensure that
personal data that are inaccurate, having regard to the purposes for which they
are processed, are erased or rectified without delay;
5.
Kept for
no longer than is necessary for the purposes for which the personal data are
processed;
6.
Processed
in a manner that ensures appropriate security of the personal data, including
protection against unauthorised or unlawful processing and against accidental
loss, destruction or damage, using appropriate technical or organisational
measures; and that
7.
The data
controller shall be responsible for, and be able to demonstrate, compliance
with the principles.
B: Legal bases for
processing
Hyde Park International Ltd will only process personal data where it has
a legal basis. Hyde Park International Ltd processes data where it has the
consent of the individual and where the processing of data is necessary for the
performance of the contract between Hyde Park International Ltd care and the
candidate and Hyde Park International Ltd and the client (e.g. to carry out
work seeking services for candidates and to find childcarers for clients). In
very rare cases, we may be legally obliged to pass on data, for example to
Ofsted, DBS or LADO.
Hyde Park International Ltd will review the personal data it holds on a
regular basis to ensure it is being lawfully processed and it is accurate, relevant
and up to date. Candidates and clients can email Hyde Park International Ltd to
notify of any changes to their data and also review their consent.
Before transferring personal data to any third party (such as past,
current or prospective employers, suppliers, customers and clients, training
bodies, persons making an enquiry or complaint and any other third party that
is relevant to the work finding/childcarer finding services that Hyde Park
International Ltd offer, Hyde Park International Ltd will establish that it has
a legal reason for making the transfer. In the majority of cases, this legal
basis will be in order to carry out the performance of its contract with the
candidates/clients or pursuant to consent obtained from those individuals.
Security of Data
Hyde Park International Ltd has implemented measures and procedures that
adequately protect the data of individuals and ensures that data protection is
integral to all processing activities. This includes the following:
·
The CRM
database has been assessed for the risks of cyber-attack and solutions implemented
to minimise those risks
·
A
Security Specifications audit and document undertaken by our IT developers
·
Data
Cleanse of the existing database whereby we deleted very old data records
·
Data
minimisation (e.g. not keeping data for longer than is necessary) implemented
by Hyde Park International Ltd employs an automatic data deletion for
all records after 6 years of non-activity. 6 years is the statute of limitation
in terms of contractual disputes, as well as a 6-year requirement to keep
certain financial records.
·
If a
safeguarding issue has ever been raised in relation to a child carer registered
with Hyde Park International Ltd, Hyde Park International Ltd will never permanently
erase this data, because the protection of vulnerable children is paramount.
·
In
addition, for clients, Hyde Park International Ltd is sending out an annual
email every year to our past clients asking if they want us to delete their
data or retain their data in case they wish to find childcare in the future.
·
Hyde
Park International Ltd has implemented internal procedures and policies to
ensure the protection of data being handled within Hyde Park International Ltd.
·
Third
Parties: Hyde Park international Ltd has identified the following as needing to
comply with GDPR:
o
Our
website developer
o
Job
Boards
·
All third
parties have confirmed that they are GDPR compliant.
Rights of The Individual
Hyde Park International Ltd shall provide any information relating to
data processing to an individual in a clear, concise, transparent, and easily accessible
form, using plain language. The information shall be provided electronically,
or by other means, including, in printed writing. Hyde Park International Ltd
may provide this information orally if requested to do so by the individual.
1. Privacy Notice
Where Hyde Park International Ltd collects personal data from the
individual, Hyde Park International Ltd will refer the individual to a Privacy
Notice at the time when it first obtains the personal data. This Privacy Notice
can be found on our website and will be emailed to all individuals when they
register with Hyde Park International Ltd.
Hyde Park International Ltd does not collect personal data other than
from the individual directly. If Hyde Park International Ltd obtains a CV via a
Job Board, for example, then Hyde Park International Ltd does not process any
of that data until such time as the individual has registered with Hyde Park
International Ltd (which includes interviewing with Hyde Park International
Ltd) which is when the individual receives a copy of the Privacy Notice, and
the consent to data processing questions have been completed.
Where Hyde Park International Ltd intends to further process the personal
data for a purpose other than that for which the data was initially collected
(e.g. for training courses), Hyde Park International Ltd will seek the consent
of the individual before processing that data.
2. Subject Access Requests
Individuals are entitled to access their personal data on request from Hyde
Park International Ltd.
For more information on how to make/process a Subject Access Request,
please refer to Hyde Park
International Ltd Data Protection Procedure Policy which can be obtained on
request.
3. Right to Rectification
The individual, or another data controller at the individual's request,
has the right to ask Hyde Park International Ltd to rectify any inaccurate or
incomplete personal data concerning an individual.
If Hyde Park International Ltd has given the personal data to any third
parties it will tell those third parties that it has received a request to rectify
the personal data unless this proves impossible or involves disproportionate
effort. Those third parties should also rectify the personal data they hold -
however Hyde Park International Ltd will not be in a position to audit those
third parties to ensure that the rectification has occurred.
For more information on how to make/process a Rectification Request,
please refer to Hyde Park
International Ltd Data Protection Procedure Policy which can be obtained on
request.
4. Right of Erasure
The individual or another data controller at the individual's request, has the right to ask Hyde Park International Ltd to
erase an individual's personal data.
If Hyde Park International Ltd receives a request to erase, it will
delete that individual's data completely, save for a record of their name,
contact details, date they first registered with Hyde Park International Ltd
and the date they made the right of erasure request. All other data will be
permanently deleted, unless Hyde Park International Ltd is required by law to
retain certain data for a period of time, or if there is a safeguarding issue:
·
Different
laws require us to keep different data for different periods of time. For
example, if you are a childcarer registered with Hyde
Park International Ltd , the Conduct of Employment Agencies and Employment
Businesses Regulations 2003, require us to keep work-seeker records for at
least one year (a) from the date of their creation or (b) after the date on
which we last provide you with work-finding services
·
Please
note that if there is any safeguarding issue, or safeguarding allegation,
relating to a childcarer or client we are obliged to keep your data
indefinitely.
If an individual asks for their data to be deleted from Hyde Park
International Ltd database, and their data is deleted, but later the same
individual applies for a Hyde Park International Ltd job online or contacts Hyde
Park International Ltd looking for work, please note that Hyde Park
International Ltd will have to re-register the individual all over again and
obtain the data again that has been erased.
If Hyde Park International Ltd has given the personal data to any third
parties it will tell those third parties that it has received a request to
erase the personal data, unless this proves impossible or involves
disproportionate effort. Those third parties should also rectify the personal
data they hold - however Hyde Park International Ltd will not be in a position
to audit those third parties to ensure that the rectification has occurred.
For more information on how to make/process an Erasure Request, please
refer to Hyde Park
International Ltd Data Protection Procedure Policy which can be obtained on
request.
5. Restriction of Processing
The individual, or a data controller at the individual's request, has the
right to ask Hyde Park International Ltd
to restrict its processing of an individual's personal data where:
·
The
individual challenges the accuracy of the personal data;
·
The
processing is unlawful;
·
Hyde
Park International Ltd no longer needs the personal data for the purposes of
the processing, but the personal data is required for the establishment,
exercise or defence of legal claims; or
·
The
individual has objected to processing (on the grounds of a public interest or
legitimate interest) pending the verification of whether the legitimate grounds
of Hyde Park International Ltd override those of the individual.
If Hyde Park International Ltd has given the personal data to any third
parties it will tell those third parties that it has received a request to
restrict the personal data, unless this proves impossible or involves
disproportionate effort. Those third parties should also rectify the personal
data they hold - however Hyde Park International Ltd will not be in a position
to audit those third parties to ensure that the rectification has occurred.
For more information on how to make/process a Restriction of Processing
Request, please refer to
Hyde Park International Ltd Data Protection
Procedure Policy which can be obtained on request.
6. Data Portability
The individual shall have the right to receive personal data concerning
him or her, which he or she has provided to Hyde Park International Ltd, in a
structured, commonly used file format and have the right to transmit that data
to another data controller in circumstances where:
·
The
processing is based on the individual's consent or a contract; and
·
The
processing is carried out by automated means.
Where feasible, Hyde Park International Ltd will send the personal data
to a named third party on the individual's request.
7. Object to Processing
The individual has the right to object to their personal data being
processed based on a public interest or a legitimate interest.
Hyde Park International Ltd shall cease processing unless it has
compelling legitimate grounds to continue to process the personal data which
override the individual's interests, rights and freedoms or for the establishment,
exercise or defence of legal claims.
The individual has the right to object to their personal data for direct
marketing. Please refer to Hyde Park International Ltd 's
Marketing Policy for further information.
8. Enforcement of rights
All requests regarding individual rights should be sent to the DPO whose
details are given at the top of this policy (under "ICO Registration and
DPO")
Hyde Park International Ltd shall act upon any subject access request, or
any request relating to rectification, erasure, restriction or data portability
within one month of receipt of the request. Hyde Park International Ltd may extend this period for two further months
where necessary, taking into account the complexity and the number of requests,
and having informed the individual of such an extension (before the end of the
1 month time frame) and the reasons for the delay.
Where Hyde Park International Ltd considers that a request under this
section is manifestly unfounded or excessive due to the request's repetitive
nature Hyde Park International Ltd may either refuse to act on the request or
may charge a reasonable fee taking into account the administrative costs involved.
9. Automated decision
making
Hyde Park International Ltd does not use profiling or automated decision
making in the provision of its work seeking and childcare services.
Reporting Personal Data
Breaches
All data breaches should be referred to the DPO (details of which are
given at the top of this policy under "ICO Registration and DPO").
1. Personal data breaches where Hyde Park
International Ltd is the data controller:
Where Hyde Park International Ltd establishes that a personal data breach has
taken place, Hyde Park International Ltd
will take steps to contain and recover the breach. Where a personal data breach
is likely to result in a risk to the rights and freedoms of any individual Hyde
Park International Ltd will notify the ICO.
2. Personal data breaches where Hyde Park International Ltd is the data processor:
Hyde Park International Ltd will alert the relevant data controller as to the
personal data breach as soon as they are aware of the breach.
3. Communicating personal data breaches to individuals:
Where Hyde Park International Ltd has identified a personal data breach
resulting in a high risk to the rights and freedoms of any individual, Hyde
Park International Ltd shall tell all affected individuals without undue delay.
Hyde Park International Ltd will not be required to tell individuals
about the personal data breach where:
·
Hyde
Park International Ltd has implemented appropriate technical and organisational
protection measures to the personal data affected by the breach, in particular
to make the personal data unintelligible to any person who is not authorised to
access it, such as encryption.
·
Hyde
Park International Ltd has taken subsequent measures which ensure that the high
risk to the rights and freedoms of the individual is no longer likely to
materialise.
·
It would
involve disproportionate effort to tell all affected individuals. Instead, Hyde
Park International Ltd shall make a public communication or similar measure to
tell all affected individuals.
Human Rights
All individuals have the following rights under the Human Rights Act 1998
(HRA) and in dealing with personal data these should be respected at all times:
·
Right to
respect for private and family life (Article 8).
·
Freedom
of thought, belief and religion (Article 9).
·
Freedom
of expression (Article 10).
·
Freedom
of assembly and association (Article 11).
·
Protection
from discrimination in respect of rights and freedoms under the HRA (Article
14).
Complaints
If you have a complaint or suggestion about Hyde Park International Ltd
handling of personal data then please contact the DPO whose details appear at
the start of this policy (under "ICO Registration and DPO").
Alternatively you can contact the ICO directly on 0303 123 1113 or at
the ICO website.
ANNEX A
A. The lawfulness of processing conditions for personal data are:
1.
Consent
of the individual for one or more specific purposes. At Hyde Park International
Ltd we ask all of our candidates and clients to consent to process their
personal data (including sensitive data).
2.
Processing
is necessary for the performance of a contract with the individual or in order
to take steps at the request of the individual to enter into a contract. At
Hyde Park International Ltd all candidates and clients receive terms and
conditions setting out the terms by which we provide work seeking
services/childcarer placements. In order to perform those services provided under
those contracts, Hyde Park International Ltd has to process the personal data
of those individuals.
3.
Processing
is necessary for compliance with a legal obligation that the controller is
subject to.
4.
Processing
is necessary to protect the vital interests of the individual or another
person.
5.
Processing
is necessary for the performance of a task carried out in the public interest
or in the exercise of official authority vested in the data controller.
6.
Processing
is necessary for the purposes of legitimate interests pursued by the controller
or a third party, except where such interests are overridden by the interests
or fundamental rights or freedoms of the individual which require protection of
personal data, in particular where the individual is a child.
B. The lawfulness of processing conditions for sensitive personal data
are:
1.
Explicit
consent of the individual for one or more specified purposes, unless reliance
on consent is prohibited by EU or Member State law.
2.
Processing
is necessary for carrying out data controller's obligations under employment,
social security or social protection law, or a collective agreement, providing
for appropriate safeguards for the fundamental rights and interests of the
individual.
3.
Processing
is necessary to protect the vital interests of the individual or another
individual where the individual is physically or legally incapable of giving
consent.
4.
In the
course of its legitimate activities, processing is carried out with appropriate
safeguards by a foundation, association or any other not-for-profit body, with
a political, philosophical, religious or trade union aim and on condition that
the processing relates only to members or former members (or those who have
regular contact with it in connection with those purposes) and provided there
is no disclosure to a third party without the consent of the individual.
5.
Processing
relates to personal data which are manifestly made public by the individual.
6.
Processing
is necessary for the establishment, exercise or defence of legal claims or
whenever courts are acting in their judicial capacity.
7.
Processing
is necessary for reasons of substantial public interest on the basis of EU or
Member State law which shall be proportionate to the aim pursued, respects the
essence of the right to data protection and provide for suitable and specific
measures to safeguard the fundamental rights and interests of the individual.
8.
Processing
is necessary for the purposes of preventative or occupational medicine, for
assessing the working capacity of the employee, medical diagnosis, the
provision of health or social care or treatment or the management of health or
social care systems and services on the basis of EU or Member State law or a
contract with a health professional and subject to the necessary conditions and
safeguards.
9.
Processing
is necessary for reasons of public interest in the area of public health, such
as protecting against serious cross-border threats to health or ensuring high
standards of quality and safety of healthcare and of medicinal products or
medical devices, on the basis of EU or Member State law which provides for
suitable and specific measures to safeguard the rights and freedoms of the
individual, in particular professional secrecy.
10. Processing is necessary for archiving
purposes in the public interest, scientific or historical research purposes or
statistical purposes, which shall be proportionate to the aim pursued, respect
the essence of the right to data protection and provide for suitable and
specific measures to safeguard fundamental rights and interests of the
individual.