- Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. Privacy legislation (GDPR) prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.
- Automated Processing: any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.
- Company name: Ontrak Recruitment
- Company Personnel: all employees, workers, contractors, agency workers, consultants, directors, members and others.
- Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them.
- Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with Privacy legislation. We are the Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.
- Criminal Convictions Data: means personal data relating to criminal convictions and offences.
- Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.
- Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.
- Business Manager: this term refers to the Company data privacy colleague with responsibility for data protection compliance called Kimberley Bush.
- EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
- Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
- General Data Protection Regulation (GDPR):The General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.
- Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Special Categories of Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
- Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
- Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with Privacy legislation.
- Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
- Special Categories of Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.
We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times.
- if you are unsure of the lawful basis which you are relying on to process Personal Data (including the legitimate interests used by the Company);
- if you need to rely on Consent and/or need to capture Explicit Consent;
- if you need to draft Privacy Notices;
- if you are unsure about the retention period for the Personal Data being Processed;
- if you are unsure about what security or other measures you need to implement to protect Personal Data;
- if there has been a Personal Data Breach;
- if you are unsure on what basis to transfer Personal Data outside the EEA;
- if you need any assistance dealing with any rights invoked by a Data Subject;
- whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA or plan to use Personal Data for purposes others than what it was collected for;
- If you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making;
- If you need help complying with applicable law when carrying out direct marketing activities; or
- if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our vendors).
- DATA PROTECTION PRINCIPLES
Ontrak Recruitment adheres to the principles relating to Processing of Personal Data set out in Privacy legislation which require Personal Data to be:
- Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
- Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
- Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
- Accurate and where necessary kept up to date (Accuracy).
- Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
- Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
- Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
- Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).
We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).
Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.
Ontrak Recruitment may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. Privacy legislation restricts our actions regarding Personal Data to specified lawful purposes.
Privacy legislation allows Processing for specific purposes, some of which are set out below:
- the Data Subject has given his or her Consent;
- the Processing is necessary for the performance of an agreement with the Data Subject;
- to meet our legal compliance obligations;
- to protect the Data Subject’s vital interests;
- to pursue Ontrak Recruitment ’s legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects.
You must identify and document the legal ground being relied on for each Processing activity.
The Company, where it is a Controller must only process Personal Data on the basis of one or more of the lawful bases set out in Privacy legislation, which include Consent.
A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient.
Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.
Unless Ontrak Recruitment can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Special Categories of Personal Data and Criminal Convictions Data, for Automated Decision-Making and for cross border data transfers. Usually Ontrak Recruitment will be relying on another legal basis (and not require Explicit Consent) to Process most types of Special Categories of Personal Data and Criminal Convictions Data.
You will need to evidence Consent captured and keep records of all Consents in accordance with Related Policies and Ontrak Recruitment so that the Company can demonstrate compliance with Consent requirements.
Privacy legislation requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.
Whenever Ontrak Recruitment collect Personal Data directly from Data Subjects, including for human resources or employment purposes, Ontrak Recruitment must provide the Data Subject with all the information required by the privacy legislation including the identity of the Controller and Business Manager, how and why Ontrak Recruitment will use, Process, disclose, protect and retain that Personal Data through a Privacy Notice which must be presented when the Data Subject first provides the Personal Data.
When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the Privacy legislation as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with privacy legislation and on a basis which contemplates Ontrak Recruitment ’s proposed Processing of that Personal Data.
Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.
Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.
You may only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties, do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.
You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Company’s Data Retention Policy. .
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
You will ensure that the Personal Data Ontrak Recruitment uses and holds is accurate, complete, kept up to date and relevant to the purpose for which it is collected. You must check the accuracy of any Personal Data at the point of collection. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.
You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purpose or purposes for which Ontrak Recruitment originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.
The Company will maintain a Document Retention Policy to demonstrate when Personal Data ought to be deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time.
You will take all reasonable steps to destroy or erase from Ontrak Recruitment systems all Personal Data that it no longer requires in accordance with all the Company’s applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable.
- SECURITY & CONFIDENTIALITY
- Protecting Personal Data
Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
Ontrak Recruitment will develop, implement and maintain safeguards appropriate to it’s size, scope and business, it’s available resources, the amount of Personal Data that it owns or maintains on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable).
You are also responsible for protecting the Personal Data Ontrak Recruitment holds. You must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise particular care in protecting Special Categories of Personal Criminal Convictions Data from loss and unauthorised access, use or disclosure.
You must follow all procedures and technologies Ontrak Recruitment puts in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.
You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
- Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
- Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
- Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.
You must comply with and not attempt to circumvent the administrative, physical and technical safeguards Ontrak Recruitment implements and maintains in accordance with the privacy legislation and relevant Policies to protect Personal Data.
- Reporting a Personal Data Breach
Privacy legislation requires Controllers to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject.
Ontrak Recruitment has put in place procedures to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where it is legally required to do so.
If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the Business Manager and preserve all evidence relating to the potential Personal Data Breach.
- DATA TRANSFER
The Privacy legislation restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the privacy legislation is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.
You may only transfer Personal Data outside the EEA if one of the following conditions applies:
- the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ rights and freedoms;
- appropriate safeguards are in place such as Policy contractual clauses approved by the European Commission;
- the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
- the transfer is necessary for one of the other reasons set out in privacy legislation including the performance of an agreement between Ontrak Recruitment and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:
- withdraw Consent to Processing at any time;
- receive certain information about the Data Controller’s Processing activities;
- request access to their Personal Data;
- prevent Ontrak Recruitment using their Personal Data for direct marketing purposes;
- ask Ontrak Recruitment to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
- challenge Processing which has been justified on the basis of Ontrak Recruitment ’s legitimate interests or in the public interest;
- request a copy of an agreement under which Personal Data is transferred outside of the EEA;
- object to decisions based solely on Automated Processing, including profiling (ADM);
- prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
- be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
- make a complaint to the supervisory authority; and
- in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine readable format.
An individual’s identity must be verified if requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
You must immediately forward any Data Subject request you receive to the Business Manager.
- The Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.
The Company must have adequate resources and controls in place to ensure and to document privacy legislation compliance including:
- a contact person for dealing with all privacy issues (the Business Manager);
- implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
- testing the privacy measures implemented and conducting periodic reviews.
- RECORD KEEPING
Privacy legislation requires Ontrak Recruitment to keep records of all it’s data Processing activities.
These records should include, at a minimum, the name and contact details of the Controller and the Business Manager and it’s Processing activities.
- TRAINING & AUDIT
Ontrak Recruitment is required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws.
- PRIVACY BY DESIGN & DATA PROTECTION IMPACT ASSESSMENT (DPIA)
Ontrak Recruitment is required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.
If a new process or technology is being introduced involving Personal Data a DPIA must include:
- a description of the Processing, its purposes and the Data Controller’s legitimate interests if appropriate;
- an assessment of the necessity and proportionality of the Processing in relation to its purpose;
- an assessment of the risk to individuals; and
- the risk mitigation measures in place and demonstration of compliance.
- AUTOMATED PROCESSES & DECISION MAKING
Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:
- a Data Subject has Explicitly Consented;
- the Processing is authorised by law; or
- the Processing is necessary for the performance of or entering into an agreement.
If certain types of Special Categories of Personal Data or Criminal Convictions Data are being processed, then grounds (b) or (c) will not be allowed but such Special Categories of Personal Data and Criminal Convictions Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention or welfare of others.
If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject’s rights and freedoms and legitimate interests.
A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.
- DIRECT MARKETING
Ontrak Recruitment is subject to certain rules and privacy laws when marketing to it’s customers.
For example, a Data Subject’s prior consent is required for electronic direct marketing (for example, by email, text or automated calls). The limited exception for existing customers known as “soft opt in” allows organisations to send marketing texts or emails if they have obtained contact details in the course of a sale to that person, they are marketing similar products or services, and they gave the person an opportunity to opt out of marketing when first collecting the details and in every subsequent message.
The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.
A Data Subject’s objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.
- SHARING PERSONAL DATA
Generally Ontrak Recruitment is not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.
You may only share the Personal Data we hold with third parties, such as our service providers if:
- they have a need to know the information for the purposes of providing the contracted services;
- sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject’s Consent has been obtained;
- the third party has agreed to comply with the required policies and procedures and put adequate security measures in place;
- the transfer complies with any applicable cross border transfer restrictions; and
- a fully executed written contract that contains PRIVACY LEGISLATION approved third party clauses has been obtained.
- AMENDMENTS TO POLICY