What is the purpose of this document?
Fresh Agency Limited is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. You are being sent a copy of this privacy notice because you are applying for work with us either directly or where we are acting as an agent on behalf of a third party who is our client. It makes you aware of how and why your personal data will be used, namely for the purposes of recruitment and to allow you to work for us or our client, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
Data protection principles
We will comply with data protection law and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
The kind of information we hold about you
In connection with your application for work, we will collect, store, and use the following categories of personal information about you:
- The information you have provided to us in your curriculum vitae, covering letter and any other information you have sent to us to tell us about yourself.
- The information you have provided on our application form, including name, title, address, telephone number, personal email address, date of birth, gender, previous relevant experience, statistics, skills, ethnicity, showreel links and images.
- Any information you provide to us during an interview.
- Financial information, such as your bank details, national insurance, tax codes and other related information.
We may also collect, store and use the following types of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs and sexual orientation.
- Information about your health, including any medical condition, health and sickness records.
- Information about criminal convictions and offences.
How is your personal information collected?
We may collect personal information about you from the following sources:
- You, the candidate.
- Disclosure and Barring Service in respect of criminal convictions.
- Data from third parties from a publicly accessible source, such as the Electoral Register, social media websites and any other publicly accessible information.
How we will use information about you
We will use the personal information we collect about you to:
- Assess your skills, and suitability for the work.
- Carry out background and reference checks, where applicable.
- Communicate with you about work opportunities.
- Keep records relating to when we advise you about work opportunities.
- Keep records whilst you work for us or for our clients.
- Keep financial records, including any payments made to you whilst you work for us.
- Comply with legal or regulatory requirements.
- Monitor your ability and suitability for work.
- Share your personal information with our clients whom we believe may be interested in hiring you for work.
It is in our legitimate interests to decide whether to appoint you to work or refer you to our clients for work since it would be beneficial to our business to appoint or refer someone for that work.
We also need to process your personal information to decide whether to enter into a contract with you.
Having read your information, we will then process your personal information to decide whether you meet the basic requirements to be shortlisted for work. If you do, we will decide whether your application is strong enough to progress your application further. If we decide to call you, we will use the information you provide to us to decide whether to offer you work or to refer you to our client for them to decide whether to offer you work.
If we decide to hire you for work or our clients decide to hire you for work we will process your personal information to enable us or our clients to provide you with work and for you to be able to work for us or our clients.
If you fail to provide personal information
If you fail to provide information when requested, which is necessary for us to consider your application for work (such as evidence of qualifications or work history), we will not be able to process your application successfully.
How we use particularly sensitive personal information
We will use your particularly sensitive personal information in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview or audition.
- We will use your personal information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
- We will use your personal information about your health, including any medical condition, health and sickness records, which you disclose to us and which we reasonably believe may affect your ability or suitability for work.
Information about criminal convictions
We may process information about criminal convictions but where we do we will always write to you for your permission first and you will always have the right to say no.
Where we do process information about criminal convictions, we will collect information about your criminal convictions history for work that is conditional on these checks (and any other conditions, such as references, being satisfactory). We are entitled to carry out a criminal records check in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the work. In particular:
The work may require a high degree of trust and integrity since it involves dealing with children or people who are vulnerable, or working in an environment where you will be exposed to high value goods or sensitive materials and so we may ask to seek a basic or enhanced disclosure of your criminal records history.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Why might you share my personal information with third parties?
We will only share your personal information with the following third parties for the purposes of processing your application and these include:
- Our client who has hired us to identify potential individuals to carry out work for them and for whom we think you may be suitable.
- Third parties, such as government bodies, regulators, criminal record checking services or agencies that are required to identify if you have a previous criminal history.
- All third-party service providers other entities required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal obligations (including any legal claims you may make against us), accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. After this period of retention, we will securely destroy your personal information in accordance with applicable laws and regulations.
Rights of access, correction, erasure, and restriction
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our data protection officer in writing.
Right to withdraw consent
You have the right to withdraw your consent for processing your personal information at any time. To withdraw your consent, please contact our data protection officer (DPO) at: The Studio, 46 Brunswick Street East, Brighton and Hove, BN3 1AU / email@example.com. Once we have received notification that you have withdrawn your consent, we will no longer process or store your personal information and, subject to our retention policy, we will dispose of your personal data securely.
The data protection officer and how to contact us
We have appointed our DPO to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at: The Studio, 46 Brunswick Street East, Brighton and Hove, BN3 1AU / firstname.lastname@example.org. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.