From the 25 May 2018, the General Data Protection Regulation (GDPR) replaces the Data Protection Act 1998, giving you as an individual more rights in relation to the personal data we as an organisation may hold about you.
2. Who we are
2.1 Here are the details that we as ‘data controller’ are required to give to you in accordance with Data Protection Legislation (please note this means the Data Protection Act up to and including 24th May 2018 and from 25 May 2018 and onwards the General Data Protection Regulation (GDPR) and any other applicable law which relates to the protection of individuals rights with regard to the processing of personal data):
2.1.1 Our Website address is: www.fallonpartnership.com
2.1.2 Our trading name is: the Fallon Partnership t/a Fallon HR Executive Search
2.1.3 Our trading address is: 48 Dover Street, London, W1S 4FF
3. What we may collect
3.1 We operate a recruitment business, whereby we introduce potential candidates seeking work to our clients. Our data is likely to include the following categories:
Identity Data includes first name, last name, username or similar identifier.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and/or payment card details.
Transaction Data includes details about payments from our Clients, as well as other details of products and services that may be purchased from us.
Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices that may be used to access our website.
Profile Data including username and password security, relevant interests, marketing preferences, feedback and survey responses.
Usage Data includes information about how our website is used, together with our products and services.
Marketing and Communications Data includes marketing preferences for our use.
Interaction Data includes any information that Clients or Candidates might provide to us.
Third Parties and Information we receive from other sources.
Analytics includes third-party analytics services.
We may collect, use, transfer and process the following data about you including:
Candidate data. To enable us to process the most effective employment opportunities for you, we will ask for information from you including your CV’s, such as name, age, contact information, employment and education histories, financial information, contact details and where relevant this may also include sensitive personal data such as criminal convictions, health related information.
Client data. If you are our client, we may need specific information from you to enable us to provide our Services to you such as your account details, client information.
Supplier data. We contract with suppliers to operate our business effectively, so we may also collect some supplier data such as contact details.
3.2.4 Information you put into forms on our Website at any time. This includes information provided at the time of registering to use our Website, to enable us to contact you, subscribing to our service or requesting further services.
3.2.5 Requests that marketing material be sent to you;
3.2.6 Information you may provide to register for an event we may organise;
3.2.7 Information you may provide via our social media sites; and
3.2.8 Information you may provide to us when you contact us by email, phone or otherwise.
3.3 We may also ask for your information when you report a problem with our Website or provide other feedback and we will collect the following data to enable us to provide our Services to you;
3.3.1 a record of any correspondence between us;
3.3.2 details of your visits to our Website and the resources you use;
3.3.3 any information that you upload to our Website and any other form of interaction data you may provide; and
3.3.4 information about your computer (e.g. your IP address, browser, operating system etc) for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.
3.4 We do not share any personal data with any third parties without your consent.
4.2 We may contract with third-party service providers to assist us in better understanding our Website visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business as authorised by us.
4.3 All Cookies used by and on our Website are used in accordance with current English and EU Cookie Law.
4.5 A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer.
All cookies used on our Website are set by us.
Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the Website.
Our cookies will be used for:
Essential session management
- creating a specific log-in session for a user of the site in order that the Website remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
- recognising when a user of the Website has visited before allowing us to identify the number of unique users we receive to the Website and make sure we have enough capacity for the number of users that we get;
- recognising if a visitor to the Website is registered with us in any way;
- We may also log information from your computer including the existence of cookies, Your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our Website.
- customising elements of the promotional layout and/or content of the pages of the Website.
Performance and measurement
- collecting statistical information about how our users use the Website so that we can improve the site and learn which parts are most popular to users.
4.6 If you wish to change you cookie settings, you may do so but each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Website experience more efficient and some of our services will not function properly. However you can still contact us directly.
4.7 Other cookies may be stored to your computer’s hard drive by external vendors when this Website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected..
5. How we use what we collect
5.1 We use information about you to:
5.1.1 present Website content effectively to you;
5.1.2 provide information on and allow you to use, services and information that you request, or (with your consent) those services which we think may interest you to personalise your experience or because it might be relevant to your career or your organisation;
5.1.3 allow us to better our service to you by responding to any customer service requests;
5.1.4 to provide you with information about other services or jobs that are similar to those that you have already enquired about or received details of;
5.1.5 take steps at the request of you prior to entering into a contract or to carry out our contractual obligations and provide you with the services under the terms of our contractual arrangement with you;
5.1.6 allow you to use interact with us if you want to;
5.1.7 to administer a contest, promotion, survey or other Website feature;
5.1.8 tell you about changes to our service;
5.1.9 we will contact you electronically about similar services to those previously provided to you;
5.1.10 with your prior consent, tell you about other services that might interest you; and
5.1.11 Due to the nature of your business, we will in all likelihood wish to allow selected third parties such as our clients to contact you directly. We will ask for your consent each time, before passing on your details, and will not do so unless your consent is given.
5.2 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.
5.3 If you do want to be contacted for marketing purposes, please tick the relevant box that you will find on screen when we collect your data.
5.4 Please note, that if you no longer wish for us to process your personal data for marketing purposes, you can contact us at email@example.com at any time, and we will update our systems. However, in doing you acknowledge that this may limit the services we can provide to you. In some cases, the collection and retention of personal data may be a statutory or contractual requirement.
5.5 In addition to 5.1 we will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
5.5.1 Where we need to perform the contract we are about to enter into or have entered into with you.
5.5.2 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
5.5.3 Where we need to comply with a legal or regulatory obligation
5.6 As a recruitment business, we aim to introduce potential candidates to our clients for permanent employment or temporary work placements. As such, the disclosure of personal data is integral to the operation of our business.
5.7 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at firstname.lastname@example.org, and we will move your data to our “unsubscribe list”. However, you acknowledge this will limit our ability to provide the best possible services to you.
6. Where we store your data
6.1 We may transfer your collected data to third parties for storage outside the European Economic Area (EEA) in connection with the above purposes.
6.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield.
6.4 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
6.5 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6.6 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.
6.7 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.
7. Retention of Data
7.1 We will not collect more personal data than we need for the purposes set out in Paragraph 5. We will retain such personal data for the life of your contractual arrangement with us and for a period of up to six years after your relationship with us has ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our regulatory and legislative requirements. We regularly review our data retention obligations to ensure we do not keep personal data for longer that we are legally obliged to. any period longer than required to carry out the purposes set out in Paragraph 5.
8. Disclosing your information
8.1 We are allowed to disclose your information in the following cases:
8.1.1 if we want to sell our business, or our company, we can disclose it to the potential buyer;
8.1.2 if we want to sell or buy any business, or assets, we can disclose your personal data to the potential buyer or seller of such business or assets;
8.1.3 we can disclose it to other businesses in our group, which means our subsidiaries, our ultimate holding company and its subsidiary as defined in Section 1159 of the UK Companies Act 2006;
8.1.4 we can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights;
8.1.5 in connection with legal proceedings (including prospective proceedings);
8.1.6 in order to establish or defend our legal rights; and
8.1.7 we can exchange information with others to protect against fraud or credit risks.
8.2 In addition, we may engage third parties to assist us in carrying out certain functions on our behalf. These include companies to assist with financial services, marketing, search engine facilities, advertising and technology services. We only share the appropriate level of personal data to enable the supplier to provide their services. Where your data is required to be shared we will take all reasonable steps to ensure your data is handled safely and securely and in accordance with our and the suppliers’ obligations under Data Protection Legislation.
The third parties we are likely to use include the following:
IT Suppliers. We use reputable third parties to provide us with our IT System and support for it. They may access this to the extent that any such data will only be used to provide these services.
Clients. To enable us to provide our Services, we will in all likelihood need to disclose Candidate personal data to our Clients.
Professional Advisors. We may also share your personal information with our professional advisors (including lawyers, accountants, insurers) to take advice when required to do so.
9. Your rights
9.1 You have a number of rights under the Data Protection Legislation;
9.1.1 The right to request a copy of the information we hold on you. When you request this information, this is known as a Subject Access request (SAR). In most cases, this will be free of charge however in limited circumstances we may apply an administration charge. For example, where repeated requests are made;
9.1.2 The right to have personal data we hold about you transferred securely to another service provider in an electronic form;
9.1.3 The right to have inaccurate personal data corrected;
9.1.4 The right to have any out of date personal data deleted once there’s no business need or legal requirement for us to hold it;
9.1.5 The right to object or restrict some processing, in limited circumstances and only when we don’t have legitimate grounds for processing your personal data;
9.1.6 The right to object to personal data being used to send you marketing material. As mentioned above, we will only send you marketing material where you have given your consent to do so. You can remove your consent at any time.
9.1.7 You can ask us not to use your data for marketing. You can do this by not ticking the relevant boxes on our forms, or by contacting us at any time at email@example.com
9.1.8 The right to ask for a decision to be made manually, where a decision is made using automated means and this adversely impacts you.
9.1.9 The Data Protection Legislation gives you the right to see information we hold about you. To exercise any of these rights please contact us at firstname.lastname@example.org.
10.1 We are committed to ensuring your personal data is protected and held securely. However, the internet is not a secure medium and we cannot accept responsibility for the security of an email during transmission or non-delivery of that email.
11. Making a complaint
11.1 If you believe we have not processed any of your personal data in accordance with Data Protection Legislation or you have been affected by non-compliance you can make a complaint to us.
11.2 If you are not satisfied with our response you can raise a complaint with the UK’s Information Commissioner’s Office, the UK’s independent authority set up to enforce Data Protection Legislation.
12. Links to other websites
14. Automated decision making-tools
14.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
14.2 The right described in section 14.1 does not apply in the following circumstances:
14.2.1 the decision is necessary for the entry into, or performance of, a contract between you and us;
14.2.2 the decision is authorised by law; or
14.2.3 you have given you explicit consent.
14.3 Where we use your personal data for profiling purposes, the following shall apply:
14.3.1 Clear information explaining the profiling will be provided, including its significance and the likely consequences;
14.3.2 Appropriate mathematical or statistical procedures will be used;
14.3.3 Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
14.3.4 All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
15. Terms and Conditions
17. Dispute Resolution
17.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation