Privacy Notice - Boomerang Support Services

Boomerang Support Services Limited of 320 Firecrest Court, Centre Park, Warrington, WA1 1RG is a “data controller” in relation to data we hold and process relating to our customers, customer’s businesses and customer’s employees, workers or contractors.

As a Data Controller, this means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this Privacy Notice.

This notice applies to prospective, current and former customers of the entity referenced above. This notice does not form part of any contract for the provision of services. We may update this notice at any time.

It is important that you read this notice, together with any other Privacy Notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

DATA PROTECTION PRINCIPLES

We will comply with data protection law. This says that the personal information we hold about you, your employees, workers and contractors must be:

1. Used lawfully, fairly and in a transparent way.

2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

3. Relevant to the purposes we have told you about and limited only to those purposes.

4. Accurate and kept up to date.

5. Kept only as long as necessary for the purposes we have told you about.

6. Kept securely.

THE KIND OF INFORMATION WE HOLD ABOUT YOU, YOUR EMPLOYEES, WORKERS AND CONTRACTORS

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection.

We will collect, store, and use the following categories of personal information about you, your employees, workers and contractors:

Name
Home address
Residential address
Work location
Date of birth
Title
IP address/location
Bank details
Unique tax reference number / National Insurance Number
Tax codes and tax status
Financial details
recruitment information such as an application form and details supplied to us by a recruitment business;
the contact details of emergency contacts;
gender;
marital status and family details;
information about contracts including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
identification documents including passport and driving licence and information in relation to immigration status and right to work;
information relating to disciplinary or grievance investigations and proceedings (whether or not the employee, worker or contractor was the main subject of those proceedings);
information relating to performance and behaviour at work;
training records;
electronic information in relation to use of IT systems;
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.

We may also collect, store and use the following “special categories” of more sensitive personal information:

Information about your workers’, employees’ and contractors’ health, including any medical condition, health and sickness records from any Sick Note, Fit Note or other note or records provided by a doctor or medical professional from time to time.
Information about criminal convictions and offences which you may inform us about from time to time.
Information about racial or ethnic origin;
Information about political opinions;
Information about religious or philosophical beliefs;
Information about trade union membership;
Information about genetic or biometric data; and
Information about sex life and sexual orientation.

HOW IS PERSONAL INFORMATION COLLECTED?

We collect personal information about you, your employees, workers and contractors from the Data Controller for whom we are acting through the initial engagement and on boarding process, either directly over the telephone, or sometimes from an employment business/agency.

We may also collect additional information from third parties including credit reference agencies or other background check agencies to confirm your, your employees’, workers’ and contractors’ identities and suitability for our services or from the use of our website, or from the recruitment business.

We will also collect additional personal information in the course our engagement relating to services we provide.

We will collect this data from the following sources:

E-mail
· Instant messaging
· Letters
· Online data capture forms
· Telephone calls (these may be recorded)
· Information received from recruitment businesses

All data received and recorded will only be used in accordance with the purposes set out below and where we have a legal basis for processing this data.

IP addresses and cookies

As is the case with most websites, we may obtain information about the usage of our web services through the use of cookies on our website. A cookie is a small piece of data placed on your and your employees’, workers’ and contractors’ hard drives in order to assist us in ensuring that your experience of using our website is optimised for your personal circumstances. Cookies cannot pass on computer viruses, retrieve other data from your computer’s hard drive or capture email address. Cookies can be used to save users time on the site, by securely storing a user’s ID and password, personalise web pages and identify visited parts of a site and keep track of user’s selections. We use cookies to estimate our audience size and usage pattern, to speed up your and your employees’, workers’ and contractors’ searches and to collect information about you and your employees’, workers’ and contractors’ browsing habits and tailor our content, support and advertising in a manner relevant to our users. The data may then be used to track the user’s sites, via third-party vendors such as Google and may show adverts from us or other parts of the Brookson Group on those internet sites.

You and your employees, workers and contractors have the option to opt-out and manage the cookies by altering the “help” settings on their browser. However, if you and your employees, workers and contractors choose to disables the cookie, this can impair the functionality of our website and web services being used.

HOW WE WILL USE YOUR, YOUR EMPLOYEE’S, WORKERS’ AND CONTRACTORS’ INFORMATION

We will only use personal information when the law allows us to. Most commonly, we will use personal information in the following circumstances:

1. Where we need to perform the contract we have entered.

2. Where we need to comply with a legal obligation.

3. Where it is necessary for our legitimate interests (or those of a third party) and the interests and fundamental rights do not override those interests.

However, we can only do this if your, your employees’, workers’ and contractors’ interests and rights do not override ours. You and your employees, workers and contractors have the right to challenge our legitimate interests and request that we stop this processing.

We can process personal data for these purposes without your, your employees’, workers’ and contractors’ knowledge or consent. We will not use the personal data for an unrelated purpose without telling you, your employees, workers and contractors about it and the legal basis that we intend to rely on for processing it.

If you, your employees, workers and contractors choose not to provide us with certain personal data they should be aware that we may not be able to carry out certain parts of the contract between us. For example, if the employees, workers and contractors do not provide us with their 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 or to make reasonable adjustments in relation to any disability you or your employees, workers and contractors may suffer from.

We may also use your, your employees’, workers’ and contractors’ personal information in the following situations, which are likely to be rare:

1. Where we need to protect their interests (or someone else’s interests).

2. Where it is needed in the public interest or for official purposes.

EXAMPLES OF WHEN WE MIGHT PROCESS YOUR, YOUR EMPLOYEES’, WORKERS’ AND CONTRACTORS’ PERSONAL DATA

We have to process your, your employees’, workers’ or contractors’ personal data in various situations during their engagement and even following termination of their engagement.

We may need to process your, your employees’, workers’ or contractors’ personal data for the following reasons:

Where it is necessary for carrying out rights and obligations under 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. 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.
Making decisions about salary, remuneration and compensation.
Making decisions about your continued engagement.
Making arrangements for the termination of our working relationship.
Education, training and development requirements.
Dealing with legal disputes involving you or other employees, workers and contractors, including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Analysing assignment information which you are engaged on our behalf (including location of work, duration of working time, income, timesheet and invoicing information).
Complying with health and safety obligations.
To prevent fraud.
Processing payroll and making payments to your bank account(s).
Analysing and processing eligibility for, and making payment of, expenses incurred.
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
To provide you with information and guidance on anything which may impact on atypical working in the recruitment/temporary worker sector (such as legislative changes, government consultations, sourcing statistical information to support our contribution to this sector of society).
Equal opportunities monitoring (including gender pay gap reporting).

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you, your employees, workers and contractors fail to provide personal information

If you, your employees, workers or contractors fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing our services to you), or we may be prevented from complying with our legal obligations or regulatory obligations (such as a report financial impropriety in relation to anti-money laundering).

Change of purpose

We will only use your, your employees’, workers’ and contractors’ personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your employees’, workers’ and contractors’ personal information for an unrelated purpose, we will notify your employees, workers and contractors and we will explain the legal basis which allows us to do so.

Please note that we may process your, your employees’, workers’ or contractors’ personal information without their knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION

“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information with your explicit written consent.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

Our obligations as a service provider

We will use information relating to leaves of absence, which may include sickness absence or health, or disability status, to advise you in relation to statutory/state benefits to which you may be entitled and/or to assist you with any legal rights or obligations you may be required to comply with.

Do we need your, your employees’, workers’ or contractors’ consent?

Usually, we will approach you for your explicit consent to allow us to process certain particularly sensitive data. We will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent.

INFORMATION ABOUT CRIMINAL CONVICTIONS

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your, your employees’, workers’ and contractors’ interests (or someone else’s interests) and they are not capable of giving their consent, or where they have already made the information public.

We may also process such information about you, your employees, workers and contractors in the course of legitimate business activities with the appropriate safeguards.

We do not envisage that we will hold information about criminal convictions.

We will only collect information about criminal convictions if it is appropriate given the nature of the services we provide and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the initial engagement process to assess your suitability or we may be notified of such information directly by you, your employees, workers and contractors in the course of our engagement. We will use information about criminal convictions and offences in the following ways:

To assess suitability to continue to be engaged on a particular project/assignment/ engagement/body of work.
To ensure compliance with legal obligations contained in the Conduct of Employment Agencies and Employment Business Regulation 2003 (as amended from time to time) and to support a recruitment business’ compliance obligations in relation to the same.

We are allowed to use such personal information in this way to carry out our obligations during our engagement and in compliance with legal obligations imposed on the supply chain relating to atypical/temporary workers and contractors.

AUTOMATED DECISION-MAKING

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

Where we have notified you of the decision and given you 21 days to request a reconsideration.
Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your, your employees’, workers’ and contractors’ rights.
In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your, your employees’, workers’ and contractors’ rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your or your employees’, workers’ and contractor’s explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard such rights.

Your employees, workers and contractors will not be subject to decisions that will have a significant impact on them based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified them.

We may use some automated decision making in order for us to understand the information required from you, or your employees, workers and contractors in order for us to comply with our anti-money laundering obligation as we will use only search tools to assist us in the performance of Know Your Client and Identity Checking activities from time to time.

DATA SHARING

We may have to share your or your employees’, workers’ and contractors’ data with third parties, including third-party service providers and other entities in the Brookson Group.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the EU.

If we do, you can expect a similar degree of protection in respect of your, your employees’, workers’ and contractors’ personal information.

”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration, IT services, legal services and financial services. The following third-party service providers process personal information about you for the following purposes:

Brookson Legal Services Limited:	For the provision of legal support for the business during the course of your engagement with us. The reason for processing will be performance of a contract but we may also be share data to offer you products that may be of interest to you in which there is a legitimate interest to share.
Brookson Limited:	All of our back office functions are performed by Brookson Limited in order to fulfil out contractual obligations.
Brookson Financial Limited:	Auto enrolment and pension compliance activities.
FCSA / ICAEW	For audit and regulatory compliance activities
HMRC	For tax compliance activities
Recruitment businesses	To enable them to manage the assignment on which you are engaged to provide services on our behalf and comply with their legal and regulatory obligations in relation to the same. There is a legitimate interest to share data for this purpose.
End clients	To whom you are engaged to provide services to enable them to manage your engagement, protect your health and safety at work, process working time and comply with their legal, regulatory and contractual obligations in relation to the same.
Credit Safe Limited	To assist us with our anti-money laundering checks, and to enable us to verify your identity and any right to work documents provided to us from time to time which we are legally obliged process data for.
Jordans Limited / Oswalds Limited	To carry out company incorporation and/or Company Secretarial services on our behalf in England and Wales / Scotland.
Kingsbridge Risk Solutions Limited	To support your business with insurance requirements in order for you to comply with best corporate governance or legal obligations

How secure is my employees’, workers’ and contractors’ information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the group are 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, your employees’, workers’ and contractors’ personal data for their own purposes. We only permit them to process the employees’, workers’ and contractors’ personal data for specified purposes and in accordance with our instructions.

When might you share my personal information with other entities in the group?

We will share your, your employees’, workers’ and contractors’ personal information with other entities in our group as part of our regular operations and reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data, for back office support and legal support.

What about other third parties?

We may share your, your employees’, workers’ and contractors’ personal information with other third parties, for example in the context of the possible sale or restructuring of the Brookson Group; regulatory compliance activities (as a member of the Freelance and Contractor Service Provider Association (FCSA)); and recruitment businesses to support us with work finding opportunities and services.

DATA SECURITY

We have put in place measures to protect the security of your, your employees’, workers’ and contractors’ information and remain keen to comply with the requirements of ISO 27001. Details of these measures are available upon request.

Third parties will only process such personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your, your employees’, workers’ and contractors’ personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your, your employees’, workers’ and contractors’ personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your, your employees’, workers’ and contractors’ personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from our Group Data Protection Officer.

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.

DATA RETENTION

How long will you use my employees’, workers’ and contractors’ information for?

We will only retain your, your employees’, workers’ and contractors’ personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our data retention policy which is available from our Group Data Protection Officer. 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.

In some circumstances we may anonymise your, your employees’, workers’ and contractors’ personal information so that it can no longer be associated with them, in which case we may use such information without further notice to you. Once they are no longer an employee, worker or contractor of yours we will retain and securely destroy their personal information in accordance with our data retention policy or applicable laws and regulations (where appropriate).

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

Your, your employees’, workers’ and contractors’ duty to inform us of changes

It is important that the personal information we hold about your employees, workers and contractors is accurate and current. Please keep us informed if such personal information changes during your working relationship with us.

Your, your employees’, workers’ and contractors’ rights in connection with personal information

Under certain circumstances, by law your, your employees’, workers’ and contractors’ have the right to:

Request access to their personal information (commonly known as a “data subject access request”). This enables the employee, worker or contractor to receive a copy of the personal information we hold about them and to check that we are lawfully processing it.
Request correction of the personal information to ensure it remains accurate and up to date.
Request erasure of some or all of their information which we hold on them, subject to us complying with our legal and regulatory obligations which may override their right to request erasure.
Right to request that we cease processing some or all of their information, in whole or in part, subject to our legal and regulatory obligations which may override their right to request that we either pause our processing activities or cease processing their personal data entirely.
Right to request that their data is transferred to a third party (portability) in the event that they look to use the services of a third party (such as if they apply for a mortgage), we will share data relating to their engagement with such third party (for example, their mortgage provider), upon request.
Right to object to some or all of their data no longer being processed by us (either temporarily or permanently). This will be subject to our legal and regulatory obligations which may override their right to request this, but we will ensure that such obligations and or/legitimate interest or ours (or others) are sufficiently compelling in order to override their rights in this regard.
If we use automated decision making or profiling they will be able to request manual/human intervention to ensure appropriate decisions are taken.

Each of the above items can be accessed by contacting the Boomerang Support Services team.

No fee usually required

Your, your employees, workers and contractors will not have to pay a fee to access their personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if their request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you, your employees, workers and contractors

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

RIGHT TO WITHDRAW CONSENT

Where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please respond to the point of contact from whom you received the last communication to which you consented to receive, or our Business Advisory Team. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, insofar that we do not have a legal obligation to do so. Please also note that in certain circumstances withdrawing consent may restrict us from performing our contractual obligations.

DATA PROTECTION OFFICER

We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you or your employees, workers and contractors have any questions about this privacy notice or how we handle your personal information, please contact the DPO (dpo@brookson.co.uk). You and your employees, workers and contractors 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.

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact the Boomerang Support Services team.