Privacy Policy V1

 

This Privacy Policy outlines our commitment to protecting your Data, and explains how we use your Data stored in electronic or paper format, in as much detail as possible. We will include links where necessary, in the event that you wish to find out more. For the purposes of the General Data Protection Regulation, the Data Controller is Spartan Crew LTD, (10717418) having its registered address and trading address at Spartan Crew, Unit 7, Titan Business Estate, Ffinch Street, SE8 5QA, and the Data Protection Officer appointed is Ciaran Boylan.

 

The Privacy Policy applies to our legitimate interests and working relationships as Spartan Crew LTD as a Data Controller, and for the purposes of this Privacy Policy, herein “The Company”, and to our website (http://www.spartancrew.co.uk) where accessible on any device connected to the Internet. Any queries regarding our Privacy Policy can be answered by emailing info@spartancrew.co.uk.

 

1. Data Protection Principles.

 

Under the GDPR, there are six data protection principles that The Company must comply with. These provide that the personal information we hold about you must be:

 

• Processed lawfully, fairly and in a transparent manner.
• Collected only for legitimate purposes that have been clearly explained to you and not further processed in a way that is incompatible with those purposes.
• Adequate, relevant and limited to what is necessary in relation to those purposes.
• Accurate and, where necessary, kept up to date.
• Kept in a form which permits your identification for no longer than is necessary for those purposes.
• Processed in a way that ensures appropriate security of the data.
• The Company is responsible for, and must be able to demonstrate compliance with, these principles. This is called accountability.

 

2. Personal Information

 

Personal information is any information about an individual from which that person can be directly or indirectly identified. It doesn’t include anonymised data, i.e. where all identifying particulars have been removed. There are also “special categories” of personal information, and personal information on criminal convictions and offences, which requires a higher level of protection because it is of a more sensitive nature. The special categories of personal information comprise information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic and biometric data.

 

The Company collects, uses and processes a range of personal information about you. This includes (as applicable):

 

• your contact details, including your name, address, telephone number and personal e-mail address
• your emergency contact details/next of kin
• your date of birth
• the start and end dates of your employment or engagement
• recruitment records, including personal information included in a CV, cover letter, interview notes, references, copies of proof of right to work in the UK documentation, copies of qualification certificates, copy of driving licence and other background check documentation
• the terms and conditions of your employment or engagement (including your job title and working hours), as set out in a job offer letter, employment contract, written statement of employment particulars, casual worker agreement, consultancy agreement, pay review and bonus letters, statements of changes to employment or engagement terms and related correspondence
• details of your skills, qualifications, experience and work history, both with previous employers and with The Company
• If applicable, your salary, entitlement to benefits and pension information
• your National Insurance number
• your bank account details, payroll records, tax code and tax status information
• any disciplinary, grievance and capability records, including investigation reports, collated evidence, minutes of hearings and appeal hearings, warning letters, performance improvement plans and related correspondence
• appraisals, including appraisal forms, performance reviews and ratings, and objectives set
• training records
• annual leave and other leave records, including details of the types of and reasons for leave being taken and related correspondence
• information about your use of our IT systems, including usage of telephones, e-mail and the Internet
• photographs

 

The Company may also collect, use and process the following special categories of your personal information (as applicable):

 

• information about your health, including any medical condition, whether you have a disability in respect of which The Company needs to make reasonable adjustments, sickness absence records (including details of the reasons for sickness absence being taken), medical reports and related correspondence
• information about criminal convictions and offences.

 

3. Collecting Personal Information

 

The Company may collect personal information about employees, workers and contractors in a variety of ways. It is collected during the recruitment process, either directly from you or sometimes from a third party such as an employment agency. We may also collect personal information from other external third parties, such as references from former employers, information from background check providers, information from credit reference agencies and criminal record checks from the Disclosure and Barring Service (DBS).

 

We will also collect additional personal information throughout the period of your working relationship with us. This may be collected in the course of your work-related activities. Whilst some of the personal information you provide to us is mandatory and/or is a statutory or contractual requirement, some of it you may be asked to provide to us on a voluntary basis. We will inform you whether you are required to provide certain personal information to us or if you have a choice in this.

 

Your personal information may be stored in different places, including in your personnel file, in The Company’s HR management system and in other IT systems, such as the e-mail system.

 

4. Using Personal Information

 

We will only use your personal information when the law allows us to. These are known as the legal bases for processing. We will use your personal information in one or more of the following circumstances:

 

• where we need to do so to perform the employment contract, casual worker agreement, consultancy agreement or contract for services we have entered into with you
• where we need to comply with a legal obligation
• where it is necessary for our legitimate interests (or those of a third party), and your interests or your fundamental rights and freedoms do not override our interests.

 

The purposes for which we are processing, or will process, your personal information are to:

 

• enable us to maintain accurate and up-to-date employee, worker and contractor records and contact details (including details of whom to contact in the event of an emergency)
• run recruitment processes and assess your suitability for employment, engagement or promotion
• comply with statutory and/or regulatory requirements and obligations, e.g. checking your right to work in the UK
• comply with the duty to make reasonable adjustments for disabled employees and workers and with other disability discrimination obligations
• maintain an accurate record of your employment or engagement terms
• administer the contract we have entered into with you
• make decisions about pay reviews and bonuses
• ensure compliance with your statutory and contractual rights
• ensure you are paid correctly and receive the correct benefits and pension entitlements, including liaising with any external benefits or pension providers or insurers
• ensure compliance with income tax requirements, e.g. deducting income tax and National Insurance contributions where applicable
• operate and maintain a record of disciplinary, grievance and capability procedures and action taken
• operate and maintain a record of performance management systems
• record and assess your education, training and development activities and needs
• plan for career development and succession
• manage, plan and organise work
• enable effective workforce management
• operate and maintain a record of annual leave procedures
• operate and maintain a record of maternity leave, paternity leave, adoption leave, shared parental leave, parental leave and any other type of paid or unpaid leave or time off work
• ensure payment of SSP or contractual sick pay
• ensure payment of other statutory or contractual pay entitlements, e.g. SMP, SPP, SAP and ShPP
• meet our obligations under health and safety laws*
• make decisions about continued employment or engagement*
• operate and maintain a record of dismissal procedures*
• provide references on request for current or former employees, workers or contractors
• ensure effective HR, personnel management and business administration, including accounting and auditing
• ensure adherence to Company rules, policies and procedures
• enable us to establish, exercise or defend possible legal claims

 

Please note that we may process your personal information without your consent, in compliance with these rules, where this is required or permitted by law.

 

5. The Scope Of The Processing Of Personal Data

 

The scope of your personal data we process depends on which services you decide to use and what settings you apply on them. Your data is processed by us in the following situations:

01: When you browse our website www.spartancrew.co.uk

• Purpose of processing: Customization of the website to your needs and collecting visitors’ data for improvement of our services.
• Legal basis for processing: Our legitimate interests in shaping our professional online identity and your consent to the collection of cookies (you can change your cookie settings at any time in your browser - for more information please refer to section "Cookies settings").
• Processed data: Cookies, data about the use of our website (e.g. device data, browser, time of access).
• Duration of processing: So-called Session Cookies are processed only while the browser is in use (i.e. until the browser is closed). Processing of so-called Persistent Cookies (long-term) lasts until the expiration date specified in their code, this period shall not exceed 12 months.

02: When you contact us via form or e-mail 

• Purpose of processing: Communication with the public and handling your inquiries or requests.
• Legal basis for processing: Your consent by sending a message, our legitimate interests in developing good public relations.
• Processed data: E-mail or other personal data voluntarily included in your message.
• Duration of processing: Usually for the duration of our communication, the archiving of the communication related to the enforcement of claims and requests for a maximum of 3 years from the end of the communication.

03: When you sign up for Spartan Crew’s on Sinch app

• Purpose of processing: Setting up and maintaining your user account, enabling us to perform work tasks (assignment of work) and their scheduling and organisation. Spartan Crew’s on Sinch app allows us to offer you specific job opportunities and allows you to register for specific jobs, track your work history including your job evaluations and reports that can help you reach a higher hourly wage.
• Legal basis for processing: Performance of the contract concluded between you and us.
• Duration of processing: Until the termination of the user account.

04: When you use Spartan Crew’s on Sinch app and enter information about yourself

• Purpose of processing: Maintaining your user account, work-related data evidence, adjusting work conditions to your needs, evaluating your eligibility for scheduled tasks.
• Legal basis for processing: Performance of the contract, performance of the obligations of Spartan Crew as an agency
• When using Spartan Crew’s on Sinch app, you can decide what information you provide to us. If such provision is mandatory (e.g. for the purpose of drafting an employment contract), you will be informed respectively in the app. Otherwise you can decide whether or not you provide us with the information by entering them into the app – some information may help us improve our mutual cooperation and provide you with personalised benefits (e.g. the “Attributes” bookmark in your profile).
• Duration of processing: Until the termination of the user account. However, if stipulated by law (e.g. employment documentation) or if it is necessary for the protection of our claims and interests, we are entitled to process certain personal data even after the termination of the user account.

05: When you work for us as a worker

• Purpose of processing: Performance of the obligations between agency and worker. After your successful registration, we will create assignment documents with your payroll provider (your employer) which will serve as a basis for our future cooperation in accordance with labour law.
• Legal basis for processing: Performance of the contract and performance of legal obligations Spartan Crew as an agency.
• Duration of processing: The duration of the processing is imposed differently by various legislation. For instance, accounting-related data can be processed for 5 years after the end of the accounting period, tax documentation for 10 years, etc.

06: When you attend our events

• Purpose of processing: Organisation of events, communication related to events, reporting in connection with the event for the PR purposes.
• Legal basis for processing: Performance of the contract (under which you take part on the event), our legitimate interests in developing our online identity and informing about our activities / your consent.
• Processed data: First name, surname, contact details, photos.
• Duration of processing: We process your personal data related to participation in the event for 5 years from the end of the event. Where consent is a legal reason for processing, we process data until the consent is withdrawn.

07: When you subscribe to e-mail newsletters

• Purpose of processing: Sending e-mail newsletters with information about Spartan Crew to your e-mail.
• Legal basis for processing: Your consent.
• Processed data: E-mail address.
• Duration of processing: Until the consent withdrawal.

 

6. Failure To Provide Personal Information

 

If you fail to provide certain personal information when requested or required, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations. You may also be unable to exercise your statutory or contractual rights.

 

7. Change Of Purpose

 

We will only use your personal information for the purposes for which we collected it. If we need to use your personal information for a purpose other than that for which it was collected, we will provide you, prior to that further processing, with information about the new purpose, we will explain the legal basis which allows us to process your personal information for the new purpose and we will provide you with any relevant further information. We may also issue a new privacy notice to you.

 

8. Sharing Personal Information

 

Your personal information may be shared internally within The Company, including with members of the HR department, payroll staff, other managers in the department in which you work and IT staff if access to your personal information is necessary for the performance of their roles.

 

The Company may also share your personal information with third-party service providers (and their designated agents), including:

 

• external organisations for the purposes of conducting pre-employment reference and employment background checks
• payroll and benefits providers
• pension scheme provider and pension administration
• external auditors
• professional advisers, such as lawyers and accountants
• Some companies we work with such as car hire, Cargo, etc
• The Company may also share your personal information with other third parties in the context of a potential sale or restructuring of some or all of its business. In those circumstances, your personal information will be subject to confidentiality undertakings.

 

We may also need to share your personal information with a regulator or to otherwise comply with the law.

 

We may share your personal information with third parties where it is necessary to administer the contract we have entered into with you, where we need to comply with a legal obligation, or where it is necessary for our legitimate interests (or those of a third party).

 

9. Protecting Personal Information

 

The Company has put in place measures to protect the security of your personal information. It has internal policies, procedures and controls in place to try and prevent your personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way. In addition, we limit access to your personal information to those employees, workers, agents, contractors and other third parties who have a business need to know in order to perform their job duties and responsibilities. You can obtain further information about these measures from our Data Protection Officer.

 

Where your personal information is shared with third-party service providers, we require all third parties to take appropriate technical and organisational security measures to protect your personal information and to treat it subject to a duty of confidentiality and in accordance with data protection law. We only allow them to process your personal information for specified purposes and in accordance with our written instructions and we do not allow them to use your personal information for their own purposes.

 

The Company also has in place procedures to deal with a suspected data security breach and we will notify the Information Commissioner’s Office (or any other applicable supervisory authority or regulator) and you of a suspected breach where we are legally required to do so.

 

10. Personal Information Retention

 

The Company will only retain your personal information for as long as is necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, tax, health and safety, reporting or accounting requirements.

 

The Company will generally hold your personal information for the duration of your employment or engagement.

 

Once you have left employment or your engagement has been terminated, we will generally hold your personal information for three years after the termination of your employment or engagement, but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal information for up to six years to protect against legal risk, e.g. if they could be relevant to a possible legal claim in a tribunal, County Court or High Court. Overall, we may “thin” the file of personal information that we hold on you one year after the termination of your employment or engagement, so that we only continue to retain for a longer period what is strictly necessary.

 

Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our IT systems and we will also require third parties to destroy or erase such personal information where applicable.

 

In some circumstances we may anonymise your personal information so that it no longer permits your identification. In this case, we may retain such information for a longer period.

 

11.  Your Rights to Your Personal Information

 

It is important that the personal information we hold about you is accurate and up to date. Please keep us informed if your personal information changes, e.g. you change your home address, during your working relationship with The Company so that our records can be updated. The Company cannot be held responsible for any errors in your personal information in this regard unless you have notified The Company of the relevant change.

 

As a data subject, you have a number of statutory rights. Subject to certain conditions, and in certain circumstances, you have the right to:

 

• request access to your personal information – this is usually known as making a data subject access request and it enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it
• request rectification of your personal information – this enables you to have any inaccurate or incomplete personal information we hold about you corrected
• request the erasure of your personal information – this enables you to ask us to delete or remove your personal information where there’s no compelling reason for its continued processing, e.g. it’s no longer necessary in relation to the purpose for which it was originally collected
• restrict the processing of your personal information – this enables you to ask us to suspend the processing of your personal information, e.g. if you contest its accuracy and so want us to verify its accuracy
• object to the processing of your personal information – this enables you to ask us to stop processing your personal information where we are relying on the legitimate interests of the business as our legal basis for processing and there is something relating to your particular situation which makes you decide to object to processing on this ground
• data portability – this gives you the right to request the transfer of your personal information to another party so that you can reuse it across different services for your own purposes.

 

If you wish to exercise any of these rights, please contact our Data Protection Officer. We may need to check your right to access the personal information or to exercise any of your other rights. This is a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it.

 

In the limited circumstances where you have provided your consent to the processing of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. This will not, however, affect the lawfulness of processing based on your consent before its withdrawal. If you wish to withdraw your consent, please contact our Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose you originally agreed to, unless we have another legal basis for processing.

 

If you believe that The Company has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office (ICO) at any time. The ICO is the UK supervisory authority for data protection issues.

 

12. Transferring Your Personal Information

 

The Company may transfer your personal information to countries outside the European Economic Area (EEA). This means that the country/countries to which we transfer your personal information are deemed to provide an adequate level of protection for your personal information.

 

13. Changes To This Privacy Notice

 

The Company reserves the right to update or amend this privacy notice at any time, including where The Company intends to further process your personal information for a purpose other than that for which the personal information was collected or where we intend to process new types of personal information. We will issue you with a new privacy notice when we make significant updates or amendments. We may also notify you about the processing of your personal information in other ways.

 

14. Contact

 

If you have any questions about this privacy notice or how we handle your personal information, please contact our Data Protection Officer, Ciaran Boylan, at info@spartancrew.co.uk