Candidate Privacy Notice

This Candidate Privacy Notice explains what we do with your personal data, whether we are in the process of helping you find a job, continuing our relationship with you, providing you with a service, or you are visiting our website. It describes how we collect, use and process your personal data and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us and we are committed to protecting and safeguarding your data privacy rights. This Privacy Policy applies to the personal data of our Website Users, Candidates and Clients.

For the purposes of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the company responsible for your personal data can be found here:

• Company Name: SM Recruitment Ltd, Registration No. 6356563,registered office 167-169 Great Portland Street, Fifth Floor, London, W1W 5PF
• Company Contact details: Ben Hewitt, Data Protection Officer, 167-169 Great Portland Street, Fifth Floor, London, W1W 5PF 020 3161 1244, info@smrecruit,co.uk.
• Document DP5A: Privacy Notice (when personal data is obtained from the data subject)
• Document DP5B: Privacy Notice (when personal data is obtained from a 3rd party, such as a job board or LinkedIn)
• Topic: Data protection
• Date: 23/01/2023

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.

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 the terms of the following statement.

1. Collection and use of personal data

a. 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. The legal bases we rely upon to offer these services to you are:

• Consent
• Legitimate interest
• Legal obligation
• Contractual obligation

b. Categories of data

Where your personal data and/or sensitive personal data has been obtained from a 3rd Party, the Company has collected the following personal data on you:

Personal data

• Name
• Date of birth
• Contact details, including telephone number, email address and postal address
• Experience, training and qualifications including qualification verification
• CV or Resume
• National insurance number
• References
• business/company name
• job title;
• profession;
• demographic information such as postcode, preferences, and interests;

Sensitive personal data

• ID – passport / ID – Passport Number / VISA or work permits / driving licence
• Disability/health condition relevant to the role
• Criminal conviction
• Eligibility to work in the UK;

Source of the personal data:

The Company sourced your personal data/sensitive personal data:

• From jobs boards including Monster, SimplySalesJobs, SeniorSalesJobs, Totaljobs, CV-library, Reed, Jobsite, Indeed
• LinkedIn
• Our own website
• A former employer
• A referee whose details you previously provided to us
• Software provides who we use to support our services including Manatal our ATS system and, our dedicated recruitment CRM hosted by FlickMedia Ltd
• Cookies listed in section 13

c. Legitimate interest

Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

• Providing work-finding services to you and our clients;
• Managing our database and keeping work-seeker records up to date;
• Contacting you to seek your consent where we need it;
• Giving you information about similar products or services that you have used from us recently.

d. Recipient/s of data

The Company will process your personal data and/or sensitive personal data with the following recipients:

• Applicant Tracking System - Manatal
• CRM Provider – FlickMedia Ltd
• Clients (whom we may introduce or supply you to)
• Other recruitment agencies in the supply chain
• Third-party Employment Checking Agency - KnowYourCandidate
• Former employers whom we may seek references from

e. 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 will be unable to provide you with work finding services.

2. Data retention

The Company will retain your personal data only for as long as is necessary. Different laws 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. The personal and sensitive data for candidates that we placed into permanent roles will be kept on our recruitment system, Manatal, 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 policies. Where consent is revoked the Company will cease to process your personal data and sensitive personal data.

3. 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 the erasure of your personal data in certain circumstances;
• The right to restrict the 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 public or legitimate interest

4. Source of the personal data

The Company sourced your personal data/sensitive personal data by the following means:

• Your application in person Candidate Referral Scheme
• Our website www.smrecruit.co.uk
• Publicly accessible source including Job Boards and business networking sites; as of May 2018 these include but are not restricted to: LinkedIn, Total Jobs, Reed.co.uk, Jobsite.co.uk, Monster.co.uk, Simplysalesjobs.co.uk, Indeed.co.uk, cv-library.co.uk, totaljobs.com, seniorsalesjobs.co.uk, thesalesfloor.co.uk, simplymarketingjobs.co.uk, salesjobs.com

5. Complaints or Queries

If you wish to complain about this privacy notice or any of the procedures set out in it please contact: Ben Hewitt, Data Protection Officer, 167-169 Great Portland Street, Fifth Floor, London, W1W 5PF 020 3161 1244, info@smrecruit,co.uk, 020 3161 1244 or info@smrecruit.co.uk

You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at www.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.