When Tempcare Personnel Ltd processes your personal data we are required to comply with the Data Protection Act 1998 (“DPA”) up to and including 24 May 2018, and from 25 May 2018, the General Data Protection Regulation 2016 (“GDPR”). The DPA and GDPR are together referred to as the “Data Protection Legislation”.
Personal Data
Your personal data includes all the information we hold that identifies you or is about you — for example, your name, company name, email address, postal address, location data and, in some cases, opinions that we document about you.
Everything we do with your personal data counts as processing it, including collecting, storing, amending, transferring and deleting it. We are therefore required to comply with the Data Protection Legislation to make sure that your information is properly protected and used appropriately.
This fair processing notice provides information about the personal data we process, why we process it and how we process it.
Why Do We Process Your Personal Data?
We process your personal data to fulfil the contract we have entered with you to provide you with temporary work. We may also process your personal data to respond to any queries or comments you submit to us and to correspond with you on a day-to-day basis.
We may need personal data from you to meet our legal obligations, to enter a contract with you and to provide you with all the information you need. If we do not receive the personal data from you, we may be unable to fulfil our obligations to you.
We process your information on the grounds of consent from you, legitimate interests, performance of a contract we have entered with you, protection of your vital interests or, in the case of special categories of data, processing for the management of health or social care systems or services.
If we obtain consent from you to the processing of your personal data, you can withdraw your consent at any time. This will not affect the lawfulness of any processing carried out prior to withdrawal.
Your Rights
You benefit from several rights in respect of the personal data we hold about you. These rights apply for the period in which we process your data.
1. Access to Your Data
You have the right to ask us to confirm that we process your personal data, as well as the right to request access to / copies of your personal data. You can also ask us to provide a range of information, most of which corresponds to the information set out in this fair processing notice.
We will provide the information free of charge unless your request is manifestly unfounded, excessive or repetitive, in which case we are entitled to object to your request or charge a reasonable fee. We may also charge you if you request more than one copy of the same information. We will provide the information as soon as possible and in any event within one month of receiving your request. If we need more information to comply, we will let you know.
2. Rectification of Your Data
If you believe personal data we hold about you is inaccurate or incomplete, you can ask us to rectify that information. We will comply within one month of receiving your request unless we do not feel it is appropriate, in which case we will let you know why. We will also let you know if we need more time.
3. Right to Be Forgotten
In some circumstances, you have the right to ask us to delete personal data we hold about you. This right is available where:
- We no longer need your personal data for the purpose for which we collected it.
- We collected your personal data on the grounds of consent and you withdraw that consent.
- You object to the processing and we have no overriding legitimate interests to continue processing the data.
- We have unlawfully processed your personal data; and/or
- The personal data must be deleted to comply with a legal obligation.
There are certain scenarios in which we are entitled to refuse to comply with a request. If any apply, we will let you know.
4. Right to Restrict Processing
In some circumstances, you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data, but we do not have to delete it. This right is available where:
- You believe the personal data we hold is not accurate — we will cease processing until we can verify its accuracy.
- You have objected to us processing the data — we will cease processing until we have determined whether our legitimate interests override your objection.
- The processing is unlawful; or
- We no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim.
5. Right to Data Portability
You have the right to ask us to provide your personal data in a structured, commonly used and machine-readable format so that you can transmit the personal data to another data controller. This right only applies to personal data you provide to us where:
- Processing is based on your consent or for performance of a contract; and
- We carry out the processing by automated means.
We will respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we will let you know.
6. Right to Object
You are entitled to object to us processing your personal data:
- If the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority.
- For direct marketing purposes (including profiling).
- For the purposes of scientific or historical research and statistics.
To object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate compelling legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
7. Automated Decision-Making
Automated decision-making means deciding solely by automated means without any human involvement. This would include, for example, an online credit reference check that makes a decision based on information you input without any human involvement. We do not carry out any automated decision-making using your personal data.
8. Your Right to Complain About Our Processing
If you think we have processed your personal data unlawfully or that we have not complied with GDPR, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”). You can call the ICO on 0303 123 1113 or get in touch via other means, as set out on the ICO website: https://ico.org.uk/concerns/.