Privacy Policy

The Company is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.

We take our obligations in respect of the privacy of personal information very seriously and we will only process personal information as detailed in this policy unless we inform you otherwise. In order to ensure that the personal information we hold is accurate and up-to-date, we request that you inform us of any relevant changes to the personal information we hold about you.

You may give your personal details to the Company directly, such as via email, on an application or registration form or via our website. Part of our business activity involves researching information for the purposes of finding and filling job vacancies. This may include obtaining personal data from sources including job boards, advertisements, LinkedIn or other social media sites, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal data about you from hiring organisations and colleagues or from persons for whom you have provided services or been otherwise engaged. The Company must have a legal basis for processing your personal data. For the purposes of providing recruitment services to its clients and work-seekers we will only use your personal data in accordance with the terms of the following statement;

Section 1: This section applies to individuals using our Recruitment Services as a 'Candidate' or 'work seeker'

Collection and use of personal data

1. Purpose of processing and legal basis
   The Company will collect your personal data (which may include sensitive 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.
   
   In some cases 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.
   
   The legal bases we rely upon to offer these services to you are:
   • Where we have a legitimate interest
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 as follows:
   • You have contacted Abenefit2u Limited as a work seeker. To provide our services as a recruitment business we will need to process your data accordingly.
3. Recipient/s of data
   The Company will process your personal data and/or sensitive personal data with the following recipients:
   • Clients who have a vacancy that you have applied to
   • Former or prospective new employers that we obtain or provide references to
   • The Recruitment and Employment Confederation (Our Trade Body)
   • Shipshape Pay (Umbrella service for candidates who have accepted an assignment working as a contractor for one of our clients)
   • Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);
   • Ashworth Treasure, our Accountants
   • Microdec Profile, our IT and CRM provider
   • Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs), GLAA,
4. Statutory/contractual requirement
   Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:
   • We must collect certain personal data to meet statutory obligations, such as the Conduct of Employment Agencies and Employment Businesses Regulations 2003 – for example, we have to check identity, right to work, suitability for the role, qualifications and experience.
   • Intermediary reporting – HMRC requires all businesses supplying workers 'off payroll' to provide details of the workers and payments made.  These are provided to them on a quarterly basis
   • If we cannot conduct these checks we may not be able to introduce or supply a work seeker to a client

Section 2: This section applies where you are an individual working for a third party with whom we have dealings. For example, a client.

Collection and use of personal data

1. Purpose of processing and legal basis
   We will process your personal data in the context of our dealings with the third party for whom you work for and as part of our Recruitment Services.
   
   In some cases 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. Processing may include:
   • Collecting and storing your personal data, whether in manual or electronic files
   • Using the data to communicate with you
   • Sending information to third parties with whom we have or intend to enter into arrangements which are related to our Recruitment Services
   • Actions necessary to further any obligation on us pursuant to a contract between ourselves and the third party you work for
   • Collating market or sector specific information and providing the same to our clients
   • Providing information to regulatory authorities or statutory bodies and our legal or other professional advisers including insurers
   • Retaining records of our dealings with you and the organisation whom you represent
   • Establishing quality, training and compliance with our obligations and best practice  
   
   The legal bases we rely upon to offer these services to you are:
   • Where we have a legitimate interest
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 as follows:
   
   In providing our Recruitment Services, we will carry out some processing of personal data which is necessary for the purpose of our legitimate interests, which include:
   
   Using your personal data:
   • to contact you regarding our Recruitment  Services
   • to assess suitability of Candidates and roles, for example, referencing or other feedback 
   • to collate market information or trends including providing analysis to potential or actual Clients
   • as otherwise necessary to provide our Recruitment Services and/or to meet our obligations towards either the party whom you represent, or other Clients or suppliers
   • personalise your experience and our offering, whether via our website or otherwise
   
   Retaining records of our dealings and transactions and where applicable, use such records for the purposes of:
   • establishing compliance with contractual obligations with Clients or suppliers
   • addressing any query or dispute that may arise including establishing, exercising or defending any legal claims
   • protecting our reputation
   • evaluating quality and compliance including compliance with this Privacy Notice
   • determining staff training and system requirements
   
   For our commercial viability and to pursue these legitimate interests, we may continue to process your personal information for as long as we consider reasonably appropriate for these purposes.
3. Recipient/s of data
   The Company will process your personal data and/or sensitive personal data with the following recipients:
   • Candidates and other third parties necessary for the provision of our Recruitment Services
   • Any regulatory authority or statutory body pursuant to a request for information or any legal obligation which applies to us
   • The Recruitment and Employment Confederation (Our Trade Body)
   • Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);
   • Ashworth Treasure, our Accountants
   • Microdec Profile, our IT and CRM provider

Section 3: General

1. Overseas Transfers
   The Company will not transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.
2. 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.
   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 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.
   Where the Company has obtained your consent to process your personal and sensitive personal data we will do so in line with our retention policy. 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 and sensitive personal data.
3. Data Security and Confidentiality
   It is our policy to ensure, in so far as is reasonably practicable, that our systems and records are secure and not accessible to unauthorised third parties in line with contemporary practice.
4. Cookies
   A cookie is a small file of letters and numbers that is downloaded on to your computer when you visit a website, which enables the website to tailor its offerings to your preferences when you visit it.
   We use cookies on our website.
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 Dianne Beer, / 0207 243 3201
   There may be circumstances where the Company 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 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. Complaints or queries
   If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Dianne Beer, / 0207 243 3201
   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.