Data Protection Policy

Introduction

LinkLife Ltd takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.

This policy applies to data processed regarding current and former employees and workers, job applicants, agency work seekers, agency workers and individual client contacts. If you fall into one of these categories, then you are a ‘data subject’ for the purposes of this policy.

You should read this policy alongside your contract of employment or contract for services and any other notice we issue to you from time to time in relation to your data.

The Company has registered with the ICO and its registration number is ZA273704

The Company has measures in place to protect the security of your data in accordance with our Data Security Policy. A copy of this can be obtained from Ed Roberts. info@linklifeltd.co.uk

The company will hold data in accordance with our Data Retention Policy. A copy of this can be obtained from Ed Roberts. info@linklifeltd.co.uk .We will only hold data for as long as necessary for the purposes for which we collected it.

The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.

This policy explains how the Company will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Company.

The Company will only process personal data where it has a legal and legitimate basis for doing so.

The Company’s Privacy Notice is available on our website, provided to job applicants, work seekers and agency workers in the application pack and provided to current and new clients.

The Company has separate policies and privacy notices in place in respect of suppliers and other categories of data subject. A copy of these can be obtained from Ed Roberts. info@linklifeltd.co.uk

The Company will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is accurate, relevant and up to date.

Before transferring information to a third party (e.g. past, current or prospective employers, suppliers, clients, intermediaries or any other third party), the Company will establish that it has a legal and or legitimate basis for making the transfer.

This policy does not form part of your contract of employment or contract for services if relevant and can be amended by the Company at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Company intends to comply with the 2018 Act and the GDPR.

Data Protection Principles

Personal data must be processed in accordance with our ‘Data Protection Principles.’ It must:

be processed fairly, lawfully and transparently;
be collected and processed only for specified, explicit and legitimate purposes;
be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
not be kept for longer than is necessary for the purposes for which it is processed;
be processed in accordance with the rights of data subjects;
not be transferred to another country without appropriate safeguards being in place; and
be processed securely.

We are accountable for these principles and must be able to show that we are compliant.

How we define personal data

‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

This policy applies to all personal data whether it is stored electronically, on paper or on other materials.

This personal data might be provided to us by you, or someone else (such as a former employer, or your doctor), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment or contract for services or after its termination. It could be created by your manager or other colleagues.

We will collect and use the following types of personal data about you:

recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments;
your contact details and date of birth;
the contact details for your emergency contacts;
your gender;
your marital status and family details;
information about your contract of employment or contract for services including start and end dates of employment, role and location, working hours, details of promotion, salary/rates of pay (including details of previous remuneration), pension, benefits and holiday entitlement;
your bank details and information in relation to your tax status including your national insurance number;
your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us;
information relating to disciplinary or grievance/worker complaints and disputes investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
information relating to your performance and behaviour at work;
training records;
electronic information in relation to your use of IT systems/swipe cards/telephone systems;
your images (whether captured on CCTV, by photograph or video);
and any other category of personal data which we may notify you of from time to time.

How we define special categories of personal data

‘Special categories of personal data’ are types of personal data consisting of information as to:

your racial or ethnic origin;
your political opinions;
your religious or philosophical beliefs;
your trade union membership;
your genetic or biometric data;
your health;
your sex life and sexual orientation; and
any criminal convictions and offences.

We may hold and use any of these special categories of your personal data in accordance with the law.

How we define processing

‘Processing’ means any operation which is performed on personal data such as:

collection, recording, organisation, structuring or storage;
adaption or alteration;
retrieval, consultation or use;
disclosure by transmission, dissemination or otherwise making available;
alignment or combination; and
restriction, destruction or erasure.

This includes processing personal data which forms part of a filing system and any automated processing.

How will we process your personal data?

The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

We will use your personal data for:

Compliance with a legal obligation (e.g. real time information reporting to HMRC)
The performance of the contract (e.g. processing payroll, monitoring attendance)
Protecting the legitimate interest of the Company or third party (e.g. collecting information during a disciplinary, grievance, complaints or disputes process, or collecting workplace data in order to improve workplace performance). You have the right to challenge our legitimate interests and request that we stop this processing. See the section on subject data access rights for further detail.

We can process your personal data for these purposes without specifically informing you or obtaining your consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

If you choose not to provide us with certain personal data, you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC.

Privacy by design and default

We are required to demonstrate that privacy considerations are embedded into all our processes and procedures. We complete documented data protection impact assessments on our processes and procedures to ensure we are compliant with the principles of GDPR. This is completed each time a policy or procedure is changed.

The types of measures that we have implemented includes:

Data minimisation (i.e. not keeping the data longer than is necessary)
Pseudonymisation (personal data which cannot be attributed to an individual without additional information. The information must be kept separately and is subject to technical and organisational measures to ensure the individual cannot be identified)
Anonymisation (using separate keys/codes so that individuals cannot be identified)
Cyber security

Examples of when we might process your personal data

We have to process your personal data in various situations during your recruitment, employment or engagement and even following termination of your employment or engagement. For example:

to decide whether to employ or engage you;
to decide how much to pay you, and the other terms of your contract with us;
to check you have the legal right to work in the UK;
to carry out the contract between us including where relevant, its termination;
training you and reviewing your performance;
to decide whether to promote you;
to decide whether and how to manage your performance, absence or conduct;
to carry out a disciplinary or grievance investigation or complaints and disputes procedure in relation to you or someone else;
to determine whether we need to make reasonable adjustments to your workplace or role because of your disability;
to monitor diversity and equal opportunities;
to monitor and protect the security (including network security) of the Company, of you, our other staff, customers and others;
to monitor and protect the health and safety of you, our other staff, customers and third parties;
to pay you and provide pension and other benefits in accordance with the contract between us;
paying tax and national insurance;
to provide a reference upon request from another employer;
to pay trade union subscriptions;
monitoring compliance by you, us and others with our policies and our contractual obligations;
to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us;
to answer questions from insurers in respect of any insurance policies which relate to you;
running our business and planning for the future;
the prevention and detection of fraud or other criminal offences;
to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure;
and for any other reason which we may notify you of from time to time.

We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data, then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting Ed Roberts. info@linklifeltd.co.uk

We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:

where it is necessary for carrying out rights and obligations under employment law;
where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
where you have made the data public;
where processing is necessary for the establishment, exercise or defence of legal claims; and
where processing is necessary for the purposes of occupational medicine or for the assessment of your working capacity.

We might process special categories of your personal data for the purposes detailed above which have an asterisk beside them. In particular, we will use information in relation to:

your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities;
your sickness absence, health and medical conditions to monitor your absence, assess your fitness for work, to pay you benefits, to comply with our legal obligations under employment law including to make reasonable adjustments and to look after your health and safety; and
your trade union membership to pay any subscriptions and to comply with our legal obligations in respect of trade union members.

We do not take automated decisions about you, using your personal data or use profiling in relation to you, except where the automated/profiling decision:

Is necessary for the entering into or performance of a contract between the Company and you;
Is authorised by law; or
You have given your explicit consent

Sharing your personal data

Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests.

We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.

How should you process personal data for the Company?

Everyone who works for, or on behalf of, the Company has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and the Company’s Data Security and Data Retention policies.

The Company’s Data Protection Officer Ed Roberts is responsible for reviewing this policy and updating the Company management on the Company’s data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to Ed Roberts. info@linklifeltd.co.uk

The following details the key rules and good practice that apply to everyone in the Company that processes personal data and you may be subject to monitoring, inspection and risk assessment to ensure that these are being applied.

You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of the Company and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.
You should not share personal data informally.
You should keep personal data secure and not share it with unauthorised people.
You should regularly review and update personal data which you have to deal with for work. This includes telling us if your own contact details change.
You should not make unnecessary copies of personal data and should keep and dispose of any copies securely.
You should use strong passwords.
You should lock your computer screens when not at your desk.
Consider anonymising data or using separate keys/codes so that the data subject cannot be identified.
Do not save personal data to your own personal computers or other devices.
Personal data should never be transferred outside the European Union except in compliance with the law and authorisation of Ed Roberts. info@linklifeltd.co.uk
You should lock drawers and filing cabinets. Do not leave paper with personal data lying about.
You should not take personal data away from Company’s premises without authorisation from your line manager or Ed Roberts. info@linklifeltd.co.uk
Personal data should be shredded and disposed of securely when you have finished with it.
You should ask for help from Ed Roberts. info@linklifeltd.co.uk if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.
Any deliberate or negligent breach of this policy by you may result in disciplinary action being taken against you in accordance with our disciplinary procedure.
It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure, which could result in your dismissal.

How to deal with data breaches

We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals, then we must also notify the Information Commissioner’s Office within 72 hours.

Where a breach is likely to result in a high risk to the rights and freedoms of individuals, then we will also take appropriate steps to inform those individuals without undue delay.

If you are aware of a data breach you must contact Ed Roberts. info@linklifeltd.co.uk immediately and keep any evidence, you have in relation to the breach.

Subject access requests

Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request, you should forward it immediately to the Data Protection Officer/Data Protection Manager who will coordinate a response.

If you would like to make a SAR in relation to your own personal data, you should make this in writing to Ed Roberts. info@linklifeltd.co.uk We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.

There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.

Data subjects’ rights

You have the right to:

Information about what personal data we process, how and on what basis as set out in this policy.
Access to your own personal data by way of a subject access request (see above).
Correct any inaccuracies in your personal data. To do you should contact Ed Roberts. info@linklifeltd.co.uk
Request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact Ed Roberts. info@linklifeltd.co.uk While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made.
Object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.
Object if we process your personal data for the purposes of direct marketing.
Receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
With some exceptions, not to be subjected to automated decision-making.
Notified of a data security breach concerning your personal data.
In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact Ed Roberts. info@linklifeltd.co.uk In most situations we will not rely on your consent as a lawful ground to process your data.
Data portability which allows you to obtain and reuse your personal data for your own purposes across different services. It allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability.
Complain to the Information Commissioner directly.

Further information on your rights, our obligations, exceptions to the above, and a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk).

Data Retention Policy

LinkLife Ltd must retain certain records containing your personal and sensitive personal data for periods that are defined in law. For these, and for other records containing your personal and sensitive personal data the Company will retain this information in either or both paper and electronic form for the periods specified in this policy.

Where the Company has obtained your consent to process your personal and sensitive personal data we will retain the information for the time period defined in the specific consent. Upon expiry of that period the Company may seek further consent from you.

The Company will securely process, store, archive and delete information containing your personal and sensitive personal data in accordance with our Data Security Policy.

All individuals have the following rights regarding their personal data:

The right to be informed – You have the right to know what information we hold about you, what we are using it for, who we are sharing it with, how long we are keeping it and on what basis we are processing the data.
The right of access – If you would like to see the records we hold on file for you
The right to rectification – If you believe we are holding incorrect information.
The right to erasure – You can ask us to remove your information from our records.
The right to restrict processing – You can ask us to stop processing it.
The right to data portability – If you want to take your data to another organisation
The right to object – You have the right to object to your data being processed.
The right not to be subject to automated decision-making (including profiling) – You have the right to object to automated decision-making

For further information regarding these rights, this policy or any other of the Company’s data protection policies or practices please contact Ed Roberts info@linklifeltd.co.uk

Data record types with statutory retention periods

Accident books, accident records/reports
Statutory retention period: 3 years from the date of the last entry (or, if the accident involves a child/ young adult, then until that person reaches the age of 21). (See below for accidents involving chemicals or asbestos).
Statutory authority: The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (SI 1995/3163) as amended, and Limitation Act 1980. Special rules apply concerning incidents involving hazardous substances (see below).

Accounting records
Statutory retention period: 3 years for private companies, 6 years for public limited companies.
Statutory authority: Section 221 of the Companies Act 1985 as modified by the Companies Acts 1989 and 2006.

Income tax and NI returns, income tax records and correspondence with HMRC
Statutory retention period: not less than 3 years after the end of the financial year to which they relate.
Statutory authority: The Income Tax (Employments) Regulations 1993 (SI 1993/744) as amended, for example by The Income Tax (Employments) (Amendment No. 6) Regulations 1996 (SI 1996/2631).

Medical records and details of biological tests under the Control of Lead at Work Regulations
Statutory retention period: 40 years from the date of the last entry.
Statutory authority: The Control of Lead at Work Regulations 1998 (SI 1998/543) as amended by the Control of Lead at Work Regulations 2002 (SI 2002/2676).

Medical records as specified by the Control of Substances Hazardous to Health Regulations (COSHH)
Statutory retention period: 40 years from the date of the last entry.
Statutory authority: The Control of Substances Hazardous to Health Regulations 1999 and 2002 (COSHH) (SIs 1999/437 and 2002/2677).

Medical records under the Control of Asbestos at Work Regulations: medical records containing details of employees exposed to asbestos and medical examination certificates
Statutory retention period: (medical records) 40 years from the date of the last entry; (medical examination certificates) 4 years from the date of issue.
Statutory authority: The Control of Asbestos at Work Regulations 2002 (SI 2002/ 2675). Also see the Control of Asbestos Regulations 2006 (SI 2006/2739) and the Control of Asbestos Regulations 2012 (SI 2012/632)

Medical records under the Ionising Radiations Regulations 1999
Statutory retention period: until the person reaches 75 years of age, but in any event for at least 50 years.
Statutory authority: The Ionising Radiations Regulations 1999 (SI 1999/3232).

Records of tests and examinations of control systems and protective equipment under the Control of Substances Hazardous to Health Regulations (COSHH)
Statutory retention period: 5 years from the date on which the tests were carried out.
Statutory authority: The Control of Substances Hazardous to Health Regulations 1999 and 2002 (COSHH) (SIs 1999/437 and 2002/2677).

Records relating to children and young adults
Statutory retention period: until the child/young adult reaches the age of 21.
Statutory authority: Limitation Act 1980.

Retirement Benefits Schemes – records of notifiable events, for example, relating to incapacity
Statutory retention period: 6 years from the end of the scheme year in which the event took place.
Statutory authority: The Retirement Benefits Schemes (Information Powers) Regulations 1995 (SI 1995/3103)

Statutory Maternity Pay records, calculations, certificates (Mat B1s) or other medical evidence
Statutory retention period: 3 years after the end of the tax year in which the maternity period ends.
Statutory authority: The Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) as amended.

Wage/salary records (also overtime, bonuses, expenses)
Statutory retention period: 6 years.
Statutory authority: Taxes Management Act 1970.

National minimum wage records
Statutory retention period: 3 years after the end of the pay reference period following the one that the records cover.
Statutory authority: National Minimum Wage Act 1998.

Records relating to working time
Statutory retention period: 2 years from date on which they were made.
Statutory authority: The Working Time Regulations 1998 (SI 1998/1833).

Work-seeker records
Statutory retention period: one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.
Statutory authority: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 and The Gangmasters (Licensing Conditions) Rules 2009

Records relating to dealings with other licence holders
Statutory retention period: one year from creation or, where they have been supplied by another person, from last supply.
Statutory authority: The Gangmasters (Licensing Conditions) Rules 2009

Data Record types with non-statutory retention periods

Actuarial valuation reports
Retention period: permanently.

Application forms and interview notes (for unsuccessful candidates)
Retention period: One year.

Assessments under health and safety regulations and records of consultations with safety representatives and committees
Retention period: permanently.

Inland Revenue/HMRC approvals
Retention period: permanently.

Parental leave
Retention period: 6 years from birth/adoption of the child or 18 years if the child receives a disability allowance.

Pension scheme investment policies
Retention period: 12 years from the ending of any benefit payable under the policy.

Pensioners' records
Retention period: 12 years after benefit ceases.

Personnel files and training records (including disciplinary records and working time records)
Retention period: 6 years after employment ceases.

Redundancy details, calculations of payments, refunds, notification to the Secretary of State
Retention period: 6 years from the date of redundancy

Senior executives' records (that is, those on a senior management team or their equivalents)
Retention period: permanently for historical purposes.

Statutory Sick Pay records, calculations, certificates, self-certificates
Retention period: The 6 years after the employment ceases.

Trade union agreements
Retention period: 10 years after ceasing to be effective.

Trust deeds and rules
Retention period: permanently.

Trustees' minute books
Retention period: permanently.

Works council minutes
Retention period: permanently.