info@kinvetek.com

Privacy

Company Name: Taspinar Ltd t/a Kinvetek Recruitment (‘the Company’)
Company contact details: Office Suite 3, Shrieves Walk, Stratford-Upon-Avon, England, CV37 6GJ 01992 921001
Document DP5 Privacy Notice (including for use on the company website
Topic: Data protection
Date: November 2024
Version: 01
The Company is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including special categories of personal data) so that it can provide these services – in doing so, the Company acts as a data controller. You may give your personal details to the Company directly, such as on an application or registration form or via our website, or we may collect them from another source such as a jobs board. The Company 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 personal data in accordance with this privacy statement. We will comply with current data protection laws at all times.
Contents
  1. Collection and use of personal data
    1. Purpose of processing and legal basis
    2. Legitimate interest
    3. Statutory/contractual requirement
    4. Recipients of data
  2. Information to be provided when data is not collected directly from the data subject
    1. Categories of data
    2. Sources of data
  3. Overseas transfers
  4. Data retention
  5. Your rights
  6. Automated decision making
  7. Cookies
  8. Login files
  9. Links to external sites
  10. Sale of the business
  11. Data security
  12. Changes to this privacy statement
  13. Complaints or queries
1. Collectionstrong and use of personal data
  1. Purpose of processing and legal basis The Company will collect your personal data (which may include special categories of 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. If you have opted-in we may also send you marketing information and news via email/text.  You can opt-out from receiving these at any time by clicking “unsubscribe” when you receive these communications from us. On some occasions 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:
    • Your consent
    • Where we have a legitimate interest
    • To comply with a legal obligation that we have
    • To fulfil a contractual obligation that we have with you
  2. Legitimate interest This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where the Company has 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;
    • Contacting you to seek your consent where we need it;
    • Giving you information about similar products or services to those that you will have used from us recently;
  3. Statutory/contractual requirement The Company has 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 require this personal data, and we may need your data to enter into a contract with you. If you do not give us the personal data we need to collect In order to comply with our statutory and legal requirements, we may not be able to continue to provide work-finding services to you.
  4. Recipient/s of data The Company will process your personal data and/or sensitive personal data with the following recipients:
    • Clients (who we may introduce or supply you to)
    • Your former employers who we may seek references from
    • Payroll service providers who manage payroll on our behalf or other payment intermediaries who we may introduce you to
    • Other recruitment agencies in the supply chain
    • Auditors who are assessing the compliance and processes of the business to ensure its adherence to all relevant legislation and good practice guidance
2. Categories and Sources of Data
Categories of data: The Company has collected the following personal data on you: Personal data:
  • Name, address, mobile no., email
  • National insurance no.
  • Nationality
Special categories of personal data:
  • Health information including whether you have a disability
  • Criminal conviction(s)
  • Work and education history
Source of the personal data: The Company sourced your personal data/special categories of personal data:
  • From jobs boards, LinkedIn
  • A former employer
  • A referee
  • Software providers who we use to support our services
  • Cookies listed in section 7
This information may have come from a publicly accessible source.
3. Overseas Transfers
The Company may transfer the information you provide to us to countries outside the UK and/or 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.
4. Data retention
The Company 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 are required to keep your records relating to the right to work in the UK 2 years after employment or the engagement has ended  alterable and working time records including your  48 hour opt out notice annual leave/holiday records 2 years from the time they were created. Additionally, 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 the Company has obtained your consent to process your personal and special categories of personal data, we will do so in line with our retention policy, see below. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data and sensitive personal.
5. Your rights
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.
Where you have consented to the Company processing your personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting the controller and the data protection officer on datacontroller@kinvetek.com. 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 the Company 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 the Company processes 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.
6. Cookies
View our cookie policy.
7. Login 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.
8. Links to external websites
The Company’s website may contain links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such other sites. When you leave our site we encourage you to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Company’s website.
9. Sale of business
If the Company’s 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. Where the sale of the business results in the transfer of your details to a different data controller we will notify you of this.
10. Data Security
The Company takes every precaution to protect users’ information. Security measures in relation to the personal data processed are as follows; encryption, limited access, use of passwords. 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. The Company uses 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 the Company 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 the security at our website, you can email datacontroller@kinvetek.com
11. 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.
12. Complaints or queries
If you wish to complain about this privacy notice or any of the procedures set out in it please contact: the data protection officer datacontroller@kinvetek.com You also have the right to raise concerns with the Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/make-a-complaint/, or any other relevant authority should your personal data be processed outside of the UK and you believe that your data protection rights have not been adhered to. Retention Policy
  • Introduction
    • This policy sets out how long employment/recruitment-related information will normally be held by us and when that information will be confidentially destroyed.
  • Responsibility
    • The data protection officer is responsible for implementing and monitoring compliance with this policy.
    • They will undertake an annual review of this policy to verify that it is in effective operation.
  • Our process
    • Information (hard copy and electronic) will be retained for the period specified in our Records Retention Schedule.
    • All information must be reviewed before destruction to determine whether there are special factors that mean destruction should be delayed, such as potential litigation, complaints or grievances.
    • Hard copy and electronically-held documents and information must be deleted at the end of the retention period, unless there is a requirement to delay deletion (as per paragraph 3.2)
    • Hard copy documents and information must be disposed of by
Records Retention Schedule This Record Retention Schedule sets out the time periods that different types of records must be retained for business and legal purposes. The retention periods are based on business needs and legal requirements and should be read in accordance with [insert organisation’s name]’s data protection policy. If you maintain any types of records that are not listed in this schedule and it is not clear what retention period should apply, please contact the data protection officer for guidance. Any deviance from the retention periods in this schedule must be approved in advance by the director. The first section of this policy will address employment records, the second section will address work-seeker records. Internal employee/applicants for internal roles
Record Retention Period Storage Format Lawful basis and reference
Rejected job applicant records, including: Contact details CV/Applications References Test results Interview notes Twelve months after applicant is notified of rejection. The application forms should give applicants the opportunity to object to their details being retained Paper or electronic Legitimate business interest To ensure that you do not accept multiple applications from the same rejected candidate To consider alternative roles for the candidate To demonstrate fair and non-discriminatory recruitment process Kept in line with the Equality Act 2010 (s.123)
Application records of successful candidates, including: CV/Applications References Training certificates Correspondence concerning employment Test result Interview notes Up to the end of six years after employment ceases Paper or electronic Legitimate business interest To protect the business against any legal claims for breach of contract o Kept in line with the Limitation Act 1980 (s.5) To demonstrate compliance with a fair and non-discriminatory recruitment process
Employment contracts including: Training records Written particulars of employment Changes to terms and conditions Up to the end of six years after employment ceases [if document executed as a deed- this should be 13 years after employment ceases- s.8 Limitation Act 1980] Paper or electronic Legitimate business interest To protect the business against any legal claims for breach of contract o Kept in line with the Limitation Act 1980 (s.5) Confirmation of rights and obligations owed and due by employee- employer
Employee performance and conduct records: Probationary reviews Review and appraisal notes Promotions/demotions Up to seven years after employment ceases Paper or electronic Legitimate business interest To protect the business against any legal claims for breach of contract o Kept in line with the Limitation Act 1980 (s.5) Confirmation of rights and obligations owed and due by employee- employer
Other employment records Redundancy records Annual leave records Parental leave records Sickness records Return to work meetings Up to the end of six years after employment ceases Paper or electronic Legitimate business interest To protect the business against any legal claims for breach of contract o Kept in line with the Limitation Act 1980 (s.5) Confirmation of rights and obligations owed and due by employee- employer
Directors’ service contracts and any variations Up to the end of six years after employment ceases if document executed as a deed- this should be 13 years after employment ceases- s.8 Limitation Act 1980] Paper or electronic Legitimate business interest To protect the business against any legal claims for breach of contract Confirmation of rights and obligations owed and due by employee- employer Legal obligation Retained for one year from the date of termination or expiry Kept in line with Companies Act 2006 (s.228)
Copies of identification documents/right to work Kept for two years from date of termination of employment Paper or electronic Legal obligation Kept in line with the Immigration (Restrictions on Employment) Order (Art 6(1)(b))
Records relating to/demonstrating compliance with Working Time Regulations 1998: Registration of work and rest periods Working time opt-out forms Kept for two years from the date on which the record was made Paper or electronic Legal obligation Kept in line with the Working Time Regulations 1998 (Regulation 9)
Criminal records information Information forms DBS check forms DBS certificates Six months Paper or electronic Legitimate business interest To demonstrate that safeguarding processes were followed Framework requirements
Gender pay gap reporting information Kept available for a period of at least three years beginning with the date of publication Paper or electronic Legal obligation Kept in line with Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (Regulation 15)
Work-seeker records
Record Retention Period Storage Format Lawful basis and reference
Work-seeker records Name/address and if under 22, date of birth Any terms between recruitment business and the work-seeker and any variations Details of the work-seeker’s training, experience, qualifications and any authorisation to undertake particular work Names of hirers to whom the work-seeker is introduced or supplied Details of any resulting engagement and date from which it takes effect Details of any enquiries made under Regulations 19, 20 and 22 about the work-seeker and the position concerned Kept for one year after you last provided your work-finding service   Paper or electronic Legal obligation Kept in line with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Reg 29) Legitimate business interest To protect the business against any legal claims for breach of contract o Kept in line with the Limitation Act 1980 (s.5) To keep records to demonstrate that safeguarding processes are adhered to and followed To contact the candidate for any further work-finding services To protect your business against any legal claims
Records relating to/demonstrating compliance with Working Time Regulations 1998: Registration of work and rest periods Working time opt-out forms Kept for two years from the date on which the record was made Paper or electronic Legal obligation Kept in line with the Working Time Regulations 1998 (Reg 9)
Copies of identification documents/right to work Kept for two years from date of termination of employment Paper or electronic Legal obligation Kept in line with the Immigration (Restrictions on Employment) Order (Art 6(1)(b))
Criminal records information Information forms DBS check forms DBS certificates Six months Paper or electronic Legitimate business interest To demonstrate that safeguarding processes were followed
Gender pay gap reporting information Kept available for a period of at least three years beginning with the date of publication Paper or electronic Legal obligation Kept in line with Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (Regulation 15)
Payroll and salary records
Record Retention Period Storage Format Lawful basis and reference
Payroll information Kept for three years after the end of the tax year to which they relate Paper or electronic Legal obligation Kept in line with Income Tax (Pay As You Earn) Regulation 2003 (Regulation 97)
Intermediary reporting information HMRC have produced guidance on the different information required Kept for three years after the end of the tax year to which they relate Paper or electronic Legal obligation Kept in line with Income Tax (Earnings and Pensions Act 2003) (Section 716B) as well as The Income Tax (Pay As You Earn) (Amendment No.2) Regulations 2015
VAT records Keep records of sales and purchases Keep a separate summary of VAT called VAT account Issue correct VAT invoices Kept for six years Paper or electronic Legal obligation Please see government guidance
Company accounts Kept for six years from the end of the last company financial year they relate to (there are circumstances that this would need to be kept shorter/ longer for- please see government guidance for more information) Paper or electronic Legal obligation Please see government guidance
CIS records Kept for at least three years after the end of the tax year that they relate to Paper or electronic Legal obligation Kept in line with The Income Tax (Construction Industry Scheme) Regulations 2005 (Regulation 51)
National minimum wage records Records demonstrating compliance with national minimum wage requirements including hours worked Kept for three years beginning with the day upon which the pay reference period immediately following that to which they relate ends Paper or electronic Legal obligation Kept in line with National Minimum Wage Regulations 2015 (Regulation 59)
Sickness records Should not be kept for longer than three years Paper or electronic Legitimate business interest To demonstrate that statutory sick pay has been paid/demonstrate why it was not paid in the event that HMRC investigate
Statutory Maternity/paternity and adoption pay Kept for three years after the end of the tax year in which the period of statutory pay ends Paper or electronic Legal obligation Kept in line with Statutory Maternity Pay (General) Regulations 1986 (and other corresponding legislation) (Regulation 26)
Pensions auto-enrolment Kept for a minimum of six years, some records will need to be kept for a longer period Paper or electronic Legal obligation Please consider Pensions Regulator guidance)