Data Protection Policy

Business Details:
The Early Careers Group Limited, trading as The Early Careers Company (‘the Company’)
Registered Office: 31a Central Street, Clerkenwell, London EC1V 8AB
Company Registration Number: 12947847

Contents
1. Introduction
2. Definitions
3. Data ​processing​ under the Data Protection Laws
3.1. The data protection principles
3.2. Legal bases for ​processing
3.3. Privacy by design and by default
4. Rights of the Individual
4.1. Privacy notices
4.2. Subject access requests
4.3. Rectification
4.4. Erasure
4.5. Restriction of ​processing
4.6. Data portability
4.7. Object to ​processing
4.8. Enforcement of rights
4.9. Automated decision making
5. personal data​ breaches
5.1. personal data​ breaches where the Company is the ​data controller
5.2. personal data​ breaches where the Company is the ​data processor
5.3. Communicating ​personal data​ breaches to individuals
6. The Human Rights Act 1998
7. Complaints

Appendix
Annex – legal bases for ​processing personal data

1. Introduction
All organisations that process ​personal data​ are required to comply with data protection
legislation. This includes in particular the Data Protection Act 1998 (or its successor) and the
EU General Data Protection Regulation (together the 'Data Protection Laws'). The Data
Protection Laws give individuals (known as 'data subjects') certain rights over their ​personal
data​ whilst imposing certain obligations on the organisations that process their data.

As a recruitment business the Company collects and processes both ​personal data​ and
sensitive ​personal data​. It is required to do so to comply with other legislation. It is also
required to keep this data for different periods depending on the nature of the data.

This policy sets out how the Company implements the Data Protection Laws. It should be
read in conjunction with the Data Protection Procedure.

2. Definitions

In this policy the following terms have the following meanings:

a. ‘the company’ ​means The Early Careers Group Limited, trading as The Early
Careers Company, registered in England and Wales (company number
12947847)
b. '​consent'​ ​ means any freely given, specific, informed and unambiguous
indication of an individual's wishes by which he or she, by a statement or by a
clear affirmative action, signifies agreement to the ​processing​ of persona
data relating to him or her;
c. '​data controller​'​ means an individual or organisation which, alone or jointly
with others, determines the purposes and means of the ​processing​ of
personal data;​
d. '​data processor​'​ means an individual or organisation which processes
personal data​ on behalf of the ​data controller​;
e. '​personal data​'​* means any information relating to an individual who can be
identified, such as by a name, an identification number, location data, an
online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that
natural person.
f. '​personal data​ breach'​ means a breach of security leading to the accidental
or unlawful destruction, loss, alteration, unauthorised disclosure of, or access
to, ​personal data​;
g. '​processing​'​ means any operation or set of operations performed on ​personal
data​, such as collection, recording, organisation, structuring, storage
(including archiving), adaptation or alteration, retrieval, consultation, use,
 disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
h. '​profiling'​ ​ means 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 natural person's performance at work, economic situation, health,
personal preferences, interests, reliability, behaviour, location or
movements;
i. '​pseudonymisation​'​ means the ​processing​ of ​personal data​ in such a manner
that the ​personal data​ can no longer be attributed to an individual without
the use of additional information, provided that such additional information
is kept separately and is subject to technical and organisational measures to
ensure that the ​personal data​ are not attributed to an identified or
identifiable individual;
j. 'sensitive ​personal data'​ ​* means ​personal data​ revealing ethnic origin or
gender, and the ​processing​ of this data.
k. * For the purposes of this policy we use the term '​personal data​' to include
'sensitive ​personal data​' except where we specifically need to refer to
sensitive ​personal data​.
l. '​supervisory authority​'​ means an independent public authority which is
responsible for monitoring the application of data protection. In the UK the
Supervisory authority​ is the Information Commissioner's Office (ICO).

All of these definitions are italicised throughout this policy to remind the reader that they
are defined terms.

3. Data ​processing​ under the Data Protection Laws

The Company processes ​personal data​ in relation to its own staff, work-seekers and
individual client contacts and is a ​data controller​ for the purposes of the Data Protection
Laws.

The Company may hold ​personal data​ on individuals for the following purposes:
● Staff administration
● Advertising, marketing and public relations
● Accounts and records
● Website functionality
● Administration and ​processing​ of work-seekers’ ​personal data​ for the purposes of
providing work-finding services, including ​processing​ using software solution
providers and back office support.
 ● Administration and ​processing​ of clients’ ​personal data​ for the purposes of
supplying/introducing work-seekers.

3.1 The data protection principles

The Data Protection Laws require the Company acting as either ​data controller​ or ​data
processor​ to process data in accordance with the principles of data protection. These
require that ​personal data​ is:

1. Processed lawfully, fairly and in a transparent manner;

2. Collected for specified and legitimate purposes and not further processed in a
manner that is incompatible with those purposes;
3. Adequate, relevant and limited to what is necessary in relation to the purposes for
which they are processed;
4. Accurate and kept up to date; every reasonable step must be taken to ensure that
personal data​ that are inaccurate, having regard to the purposes for which they are
processed, are erased or rectified without delay;
5. Kept for no longer than is necessary for the purposes for which the ​personal data​ are
processed;
6. Processed in a manner that ensures appropriate security of the ​personal data​,
including protection against unauthorised or unlawful ​processing​ and against
accidental loss, destruction or damage, using appropriate technical or organisational
measures; and that
7. The ​data controller​ shall be responsible for, and be able to demonstrate, compliance
with the principles.

3.2 Legal bases for ​processing

The Company will only process ​personal data​ where it has a legal basis for doing so (see
Annex A). Where the Company does not have a legal reason for ​processing personal data
any ​processing​ will be a breach of the Data Protection Laws.

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 and those people listed in the
Appendix shall be responsible for doing this.

Before transferring ​personal data​ to any third party (such as past, current or prospective
employers, suppliers, customers and clients, intermediaries such as umbrella companies,
persons making an enquiry or complaint and any other third party (such as software
solutions providers and back office support)), the Company will establish that it has a legal
reason for making the transfer.
3.3 Privacy by design and by default

The Company has implemented measures and procedures that adequately protect the
privacy of individuals and ensures that data protection is integral to all ​processing​ activities.
This includes implementing measures such as:
● data minimisation (i.e. not keeping data for longer than is necessary);
● pseudonymisation​;
● anonymization
● cyber security

4. Rights of the individual

The Company shall provide any information relating to data ​processing​ to an individual in a
concise, transparent, intelligible and easily accessible form, using clear and plain language.
The information shall be provided in writing, or by other means, including, where
appropriate, by electronic means. The Company may provide this information orally if
requested to do so by the individual.

4.1 Privacy notices

Where the Company collects ​personal data​ from the individual, the Company will give the
individual a privacy notice at the time when it first obtains the ​personal data​.

Where the Company collects ​personal data​ other than from the individual directly, it will
give the individual a privacy notice within a reasonable period after obtaining the ​personal
data​, but at the latest within one month. If the Company intends to disclose the ​personal
data​ to a third party then the privacy notice will be issued when the ​personal data​ are first
disclosed (if not issued sooner).

Where the Company intends to further process the ​personal data​ for a purpose other than
that for which the data was initially collected, the Company will give the individual
information on that other purpose and any relevant further information before it does the
further ​processing​.

4.2 Subject access requests

The individual is entitled to access their ​personal data​ on request from the ​data controller.​

4.3 Rectification
The individual or another ​data controller​ at the individual’s request, has the right to ask the
Company to rectify any inaccurate or incomplete ​personal data​ concerning an individual.

If the Company has given the ​personal data​ to any third parties it will tell those third parties
that it has received a request to rectify the ​personal data​ unless this proves impossible or
involves disproportionate effort. Those third parties should also rectify the ​personal data
they hold - however the Company will not be in a position to audit those third parties to
ensure that the rectification has occurred.

4.4 Erasure

The individual or another ​data controller​ at the individual’s request, has the right to ask the
Company to erase an individual’s ​personal data.​

If the Company receives a request to erase it will ask the individual if s/he wants his
personal data​ to be removed entirely or whether s/he is happy for his or her details to be
kept on a list of individuals who do not want to be contacted in the future (for a specified
period or otherwise). The Company cannot keep a record of individuals whose data it has
erased so the individual may be contacted again by the Company should the Company come
into possession of the individual’s ​personal data​ at a later date.

If the Company has made the data public, it shall take reasonable steps to inform other ​data
controllers​ and ​data processors​ ​processing​ the ​personal data​ to erase the ​personal data,​
taking into account available technology and the cost of implementation.

If the Company has given the ​personal data​ to any third parties it will tell those third parties
that it has received a request to erase the ​personal data,​ unless this proves impossible or
involves disproportionate effort. Those third parties should also rectify the ​personal data
they hold - however the Company will not be in a position to audit those third parties to
ensure that the rectification has occurred.

4.5 Restriction of ​processing

The individual or a ​data controller​ at the individual’s request, has the right to ask the
Company to restrict its ​processing​ of an individual’s ​personal data​ where:
● The individual challenges the accuracy of the ​personal data;​
● The ​processing​ is unlawful and the individual opposes its erasure;
● The Company no longer needs the ​personal data​ for the purposes of the ​processing,​
but the ​personal data ​is required for the establishment, exercise or defence of legal
claims; or
 ● The individual has objected to ​processing​ (on the grounds of a public interest or
legitimate interest) pending the verification whether the legitimate grounds of the
Company override those of the individual.

If the Company has given the ​personal data​ to any third parties it will tell those third parties
that it has received a request to restrict the ​personal data​, unless this proves impossible or
involves disproportionate effort. Those third parties should also rectify the ​personal data
they hold - however the Company will not be in a position to audit those third parties to
ensure that the rectification has occurred.

4.6 Data portability

The individual shall have the right to receive ​personal data​ concerning him or her, which he
or she has provided to the Company, in a structured, commonly used and machine-readable
format and have the right to transmit those data to another ​data controller​ in circumstances
where:
● The ​processing​ is based on the individual’s ​consent​ or a contract; and
● The ​processing​ is carried out by automated means.

Where feasible, the Company will send the ​personal data​ to a named third party on the
individual’s request.

4.7 Object to ​processing

The individual has the right to object to their ​personal data​ being processed based on a
public interest or a legitimate interest. The individual will also be able to object to the
profiling​ of their data based on a public interest or a legitimate interest.

The Company shall cease ​processing​ unless it has compelling legitimate grounds to continue
to process the ​personal data​ which override the individual’s interests, rights and freedoms
or for the establishment, exercise or defence of legal claims.

The individual has the right to object to their ​personal data​ for direct marketing.

4.8 Enforcement of rights

All requests regarding individual rights should be sent to the person whose details are listed
in the Appendix.

The Company shall act upon any subject access request, or any request relating to
rectification, erasure, restriction, data portability or objection or automated decision making
processes or ​profiling​ within one month of receipt of the request. The Company may extend
this period for two further months where necessary, taking into account the complexity and
the number of requests.

Where the Company considers that a request under this section is manifestly unfounded or
excessive due to the request’s repetitive nature the Company may either refuse to act on
the request or may charge a reasonable fee taking into account the administrative costs
involved.

4.9 Automated decision making

The Company will not subject individuals to decisions based on automated ​processing​ that
produce a legal effect or a similarly significant effect on the individual, except where the
automated decision:
● Is necessary for the entering into or performance of a contract between the ​data
controller​ and the individual;
● Is authorised by law; or
● The individual has given their explicit ​consent.​

The Company will not carry out any automated decision-making or ​profiling​ using the
personal data​ of a child.

5. ​Personal data​ breaches

Reporting ​personal data​ breaches

All data breaches should be referred to the persons whose details are listed in the Appendix.

5.1 P​ersonal data​ breaches where the Company is the ​data controller:​

Where the Company establishes that a ​personal data​ breach has taken place, the Company
will take steps to contain and recover the breach. Where a ​personal data​ breach is likely to
result in a risk to the rights and freedoms of any individual the Company will notify the ICO.

Where the ​personal data​ breach happens outside the UK, the Company shall alert the
relevant ​Supervisory authority​ for data breaches in the effected jurisdiction.

5.2 P​ersonal data​ breaches where the Company is the ​data processor:​

The Company will alert the relevant ​data controller​ as to the ​personal data​ breach as soon
as they are aware of the breach.
5.3 Communicating ​personal data​ breaches to individuals

Where the Company has identified a ​personal data​ breach resulting in a high risk to the
rights and freedoms of any individual, the Company shall tell all affected individuals without
undue delay.
The Company will not be required to tell individuals about the ​personal data​ breach where:
● The Company has implemented appropriate technical and organisational protection
measures to the ​personal data​ affected by the breach, in particular to make the
personal data​ unintelligible to any person who is not authorised to access it, such as
encryption.
● The Company has taken subsequent measures which ensure that the high risk to the
rights and freedoms of the individual is no longer likely to materialise.
● It would involve disproportionate effort to tell all affected individuals. Instead, the
Company shall make a public communication or similar measure to tell all affected
individuals.

6. The Human Rights Act 1998

All individuals have the following rights under the Human Rights Act 1998 (HRA) and in
dealing with ​personal data t​ hese should be respected at all times:
● Right to respect for private and family life (Article 8).
● Freedom of thought, belief and religion (Article 9).
● Freedom of expression (Article 10).
● Freedom of assembly and association (Article 11).
● Protection from discrimination in respect of rights and freedoms under the HRA
(Article 14).

7. Complaints

If you have a complaint or suggestion about the Company’s handling of ​personal data​ then
please contact the person whose details are listed in the Appendix to this policy.

Appendix

Contact our Data Protection representative on [email protected] in relation

to the below;
● Adding, amending or deleting ​personal data
● Responding to subject access requests/requests for rectification, erasure, restriction
data portability, objection and automated decision making processes and ​profiling
● Reporting data breaches/dealing with complaints
Annex A

a) The lawfulness of ​processing​ conditions for ​personal data​ are:

1. consent​ of the individual for one or more specific purposes.

2. processing​ is necessary for the performance of a contract with the individual or in
order to take steps at the request of the individual to enter into a contract.
3. processing​ is necessary for compliance with a legal obligation that the controller is
subject to.
4. processing​ is necessary to protect the vital interests of the individual or another
person.
5. processing​ is necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the ​data controller.​
6. processing​ is necessary for the purposes of legitimate interests pursued by the
controller or a third party, except where such interests are overridden by the
interests or fundamental rights or freedoms of the individual which require
protection of ​personal data​, in particular where the individual is a child.

b) The lawfulness of ​processing​ conditions for sensitive ​personal data​ are:

1. Explicit ​consent​ of the individual for one or more specified purposes, unless reliance
on ​consent​ is prohibited by EU or Member State law.
2. processing​ is necessary for carrying out ​data controller​’s obligations under
employment, social security or social protection law, or a collective agreement,
providing for appropriate safeguards for the fundamental rights and interests of the
individual.
3. processing​ is necessary to protect the vital interests of the individual or another
individual where the individual is physically or legally incapable of giving ​consent​.
4. In the course of its legitimate activities, ​processing​ is carried out with appropriate
safeguards by a foundation, association or any other not-for-profit body, with a
political, philosophical, religious or trade union aim and on condition that the
processing​ relates only to members or former members (or those who have regular
contact with it in connection with those purposes) and provided there is no
disclosure to a third party without the ​consent​ of the individual.
5. processing​ relates to ​personal data​ which are manifestly made public by the
individual.
6. processing​ is necessary for the establishment, exercise or defence of legal claims or
whenever courts are acting in their judicial capacity.
7. processing​ is necessary for reasons of substantial public interest on the basis of EU or
Member State law which shall be proportionate to the aim pursued, respects the
 essence of the right to data protection and provides for suitable and specific
measures to safeguard the fundamental rights and interests of the individual.
8. processing​ is necessary for the purposes of preventative or occupational medicine,
for assessing the working capacity of the employee, medical diagnosis, the provision
of health or social care or treatment or the management of health or social care
systems and services on the basis of EU or Member State law or a contract with a
health professional and subject to the necessary conditions and safeguards.
9. processing​ is necessary for reasons of public interest in the area of public health,
such as protecting against serious cross-border threats to health or ensuring high
standards of quality and safety of healthcare and of medicinal products or medical
devices, on the basis of EU or Member State law which provides for suitable and
specific measures to safeguard the rights and freedoms of the individual, in
particular professional secrecy.
10. processing​ is necessary for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes, which shall be proportionate to
the aim pursued, respect the essence of the right to data protection and provide for
suitable and specific measures to safeguard fundamental rights and interests of the
individual.