Privacy Policy

Introduction

ERK Consulting Limited (company number: 07970495) and its affiliates ("ERK Consult", "us") is a global recruitment and outsourcing business focused on technology services. We are committed to ensuring that when we collect and use information about Website Users, our Candidates and Suppliers, we do so in accordance with all data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679)), as well as other global legislation where we operate.

Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.

This Privacy Policy sets out what we do with your personal data, whether we are in the process of helping you find a job, continuing our relationship with you once we have found you a role, providing you with a service, receiving a service from you, using your data to ask for your assistance in relation to one of our candidates, or you are visiting our website. It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. For the purpose of the GDPR, the data controller is ERK Consulting Limited, 86-90 Paul Street, London, EC2A 4NE, UK.

This Privacy Policy was last updated in March 2019. It is important to point out that we may amend this Privacy Policy from time to time. Please check back regularly to keep informed of updates to this Privacy Policy.

This Privacy Policy incorporates the highest standard and applies in relevant countries throughout our international network. This allows us to ensure that we're complying with all applicable data privacy protections, no matter where you are.

Definitions

Candidates – includes applicants for all roles advertised or promoted by ERK Consult, including permanent, part-time and temporary positions and freelance roles with ERK Consult's Clients, as well as people who have supplied a speculative CV to ERK Consult not in relation to a specific job. Individual contractors, freelance workers and employees of suppliers or other third parties put forward for roles with ERK Consult's Clients as part of an MSP offering or otherwise will be treated as candidates for the purposes of this Privacy Policy.

Clients – this covers our customers, clients, and others to whom ERK Consult provides services in the course of its business.

Delete – while we will endeavour to permanently erase your personal data once it reaches the end of its retention period or where we receive a valid request from you to do so, some of your data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists on an archive system, this cannot be readily accessed by any of our operational systems, processes or member of staff. For the avoidance of doubt, it may be necessary for ERK Consult to retain information for legal, regulatory and/or auditing purposes.

General Data Protection Regulation (GDPR) – a European Union statutory instrument which aims to harmonise European data protection laws. It has an effective date of 25 May 2018, and any references to it should be construed accordingly to include any national legislation implementing it.

Managed Service Provider (MSP) programmes – Client's outsourcing of the management of external staff (including freelance workers, independent contractors and temporary employees) to an external recruitment provider.

Recruitment Process Outsourcing (RPO) services – full or partial outsourcing of the recruitment process for permanent employees to a recruitment provider.

Suppliers – refers to partnerships and companies (including sole traders), and atypical workers such as independent contractors and freelance workers, who provide services to ERK Consult. In certain circumstances, ERK Consult will subcontract the services it provides to Clients to third party suppliers who perform services on ERK Consult's behalf. In this context, suppliers that are individual contractors, freelance workers, or employees of suppliers will be treated as Candidates for data protection purposes. Please note that in this context, ERK Consult requires Suppliers to communicate the relevant parts of this Privacy Policy (namely the sections directed at Candidates) to their employees.

Website Users – any individual who accesses ERK Consult's website.

What kind of personal information does ERK Consult collect?

Candidate Data

Depending on the relevant circumstances and applicable local laws and requirements, we may collect some or all of the information listed below to enable us to offer you employment opportunities which are tailored to your circumstances and your interests. In some jurisdictions, we are restricted from processing some of the data outlined below. In such cases, we will not process the data in those jurisdictions:

• Name;
• Age/date of birth;
• Sex/gender;
• Contact details;
• Education details;
• Employment history;
• Referee details;
• Immigration status (whether you need a work permit);
• Nationality/citizenship/place of birth;
• A copy of your driving licence and/or passport/identity card;
• Financial information (where we need to carry out financial background checks);
• Social security number (or equivalent in your country) and any other tax-related information;
• Diversity information including racial or ethnic origin, religious or other similar beliefs, and physical or mental health, including disability-related information;
• Details of any criminal convictions if this is required for a role that you are interested in applying for;
• Details about your current remuneration, pensions and benefits arrangements;
• Information on your interests and needs regarding future employment, both collected directly and inferred, for example from jobs viewed or articles read on our website;
• Extra information that you choose to tell us;
• Extra information that your referees choose to tell us about you;
• Extra information that our clients may tell us about you, or that we find from other third-party sources such as job sites;
• IP address; and
• The dates, times and frequency with which you access our services.

Please note that the above list of categories of personal data we may collect is not exhaustive.

Supplier Data

We do not collect much data about Suppliers – we simply need to make sure that our relationship runs smoothly. We will collect the details for our contacts within your organisation, such as names, telephone numbers and email addresses, as well as compliance documents such as your company registration document and VAT number. We will also collect bank details, so that we can pay you.

Website Users

We collect a limited amount of data from our Website Users which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page and any phone number used to call our customer service number.

How does ERK Consult collect your personal data?

Candidate and Supplier Data

We collect Candidate personal data in two primary ways:

1. Personal data that you, as the Candidate, give to us; and
2. Personal data that we receive from other sources.

Personal data you give to us

ERK Consult needs to know certain information about you in order to provide a tailored service. This will enable us to provide you with the best opportunities and should save you time in not having to trawl through information about jobs and services that are not relevant to you.

There are numerous ways you can share your information with us – it all depends on what suits you. These may include:

• Entering your details on the ERK Consult website or via an application form, as part of the registration process;
• Leaving a hard copy CV at ERK Consult office;
• Emailing your CV to a consultant or being interviewed by them;
• Applying for jobs through a job aggregator, which may then redirect you to the ERK Consult website;

Personal data we receive from other sources

We also receive personal data about Candidates from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:

• Your referees may disclose personal information about you;
• Our Clients may share personal information about you with us;
• We may obtain information about you from searching for potential Candidates from third party sources, such as LinkedIn and other job sites;
• If you were referred to us through an RPO or an MSP supplier, they may share personal information about you with us.

Website Users

When you visit our website, there is certain information that we may automatically collect, whether or not you decide to use our services. This includes your IP address, the date and the times and frequency with which you access the website and the way you browse its content. We will also collect data from you when you contact us via the website, for example by using the chat function.

We collect your data automatically via cookies, in line with cookie settings in your browser. If you are also a Candidate of ERK Consult, we may use data from your use of our websites to enhance other aspects of our communications with or service to you.

Why does ERK Consult collect your personal data and how is it used?

Candidate Data

We generally use Candidate data in four ways:

• Recruitment Activities;
• Marketing Activities;
• To help us to establish, exercise or defend legal claims; and
• Conduct Regulations 2003, as amended.

Recruitment Activities

Our main area of work is recruitment – connecting the right Candidates with the right jobs. We've listed below various ways in which we may use and process your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive.

• Collecting your data from you and other sources, such as LinkedIn;
• Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment;
• Providing you with our recruitment services and to facilitate the recruitment process;
• Assessing data about you against vacancies which we think may be suitable for you;
• Sending your information to Clients, in order to apply for jobs or to assess your eligibility for jobs (we will not present you for any role(s) without having first obtained your express permission to do so);
• Enabling you to submit your CV, apply online for jobs or to subscribe to alerts about jobs we think may be of interest to you;
• Allowing you to participate in the interactive features of our services, when you choose to do so;
• Carrying out our obligations arising from any contracts entered into between us;
• Carrying out our obligations arising from any contracts entered into between ERK Consult and third parties in relation to your recruitment;
• Facilitating our payroll and invoicing processes;
• Carrying out customer satisfaction surveys;
• Verifying details you have provided, using third party resources (such as psychometric evaluations or skills tests), or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws);
• Complying with our legal obligations (such as compliance with anti-money laundering legislation); and
• Processing your data to enable us to send you targeted, relevant marketing materials or other communications which we think are likely to be of interest to you.

We may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not happy about this, in certain circumstances you have the right to object.

Marketing Activities

We may periodically send you information that we think you may find interesting, or to ask for your help with connecting other Candidates with jobs. In particular, we may wish to use your data for the purposes listed below, where appropriate and in accordance with any local laws and requirements:

• Enable us to develop and market other products and services;
• Market our full range of recruitment services (permanent, temporary, contract, outplacement, MSP programmes and RPO services) to you;
• Send you details of reports, promotions, offers, networking and client events, and general information about the industry sectors which we think might be of interest to you;
• Perform analytics – such as trends, sales intelligence, marketing effectiveness (such as click and open rates) uptake and progress;

We need your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the collection of data via cookies, and the delivery of direct marketing to you through digital channels) and, depending on the situation, we'll ask for this via an opt-in or soft opt-in.

If you are not happy about our approach to marketing, you have the right to withdraw your consent at any time.

To help us to establish, exercise or defend legal claims

In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims, if any.

Conduct Regulations

We may collect your data for internal record keeping (and under the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("the Conduct Regulations"), as amended, if applicable, we are obliged to keep a record of your information for a period of at least one year after the date on which we last provided services to you in the course of our business.

Supplier Data

We will only use your information:

• To store (and update when necessary) your details on our database, so that we can contact you in relation to our agreements;
• To offer services to you or to obtain support and services from you;
• To perform certain legal obligations;
• To help us to target appropriate marketing campaigns; and
• In more unusual circumstances, to help us to establish, exercise or defend legal claims.

Website Users

We use your data to help us to improve your experience of using our website, we may therefore for example launch a search function and may then analyse your recent job search criteria to help us to present jobs that we think you may be interested in.

With whom does ERK Consult share your personal data?

Where appropriate and in accordance with local laws and requirements, we may share your personal data, in various ways and for various reasons, with the following categories of people:

• Individuals and organisations who hold information related to your reference or application to work with us;
• Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data;
• Third party service providers who perform functions on our behalf;
• Third party outsourced IT and document storage providers where we have an appropriate processing agreement in place;
• Marketing technology platforms and suppliers;
• In the case of Candidates: potential employers and other recruitment agencies/organisations to increase your chances of finding employment;
• In the case of Candidates: third party partners, job boards and job aggregators;
• In the case of Candidates: MSP suppliers as part of our clients' MSP programmes;
• In the case of Candidates and our Candidates' referees: third parties who we have retained to provide services such as reference, qualification and criminal convictions checks;
• If ERK Consult merges with or is acquired by another business or company in the future, we may share your personal data with the (prospective) new owners of the business or company.

How do we safeguard your personal data?

We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of technical and organisational measures, including measures to deal with any suspected data breach.

If you suspect any misuse or loss of or unauthorised access to your personal information, please let us know immediately.

How long do we keep your personal data for?

We will delete your personal data from our systems if we have not had any meaningful contact with you (or, where appropriate, the company you are working for or with) for three years (or for such longer period as we believe in good faith that the law or relevant regulators require us to preserve your data). After this period, it is likely your data will no longer be relevant for the purposes for which it was collected.

When we refer to "meaningful contact", we mean, for example, communication between us (either verbal or written). If you are a Candidate, we will consider there to be meaningful contact with you if you submit your updated CV onto our website or are engaged by one of our Clients. We will also consider it meaningful contact if you communicate with us about potential roles, either by verbal or written communication or click through from any of our marketing communications.

Our legal bases for processing your data

Legitimate Interests

Article 6(1)(f) of the GDPR says that we can process your data where it "is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data."

We don't think that any of these activities prejudice individuals in any way – in fact, they help us to offer you a more tailored, efficient service. However, you do have the right to object to us processing your personal data on this basis.

Consent

In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent or soft opt-in consent.

As we have mentioned, you have the right to withdraw your consent to these activities. You can do so at any time.

How can you access, amend or take back your personal data?

One of the GDPR's main objectives is to protect and clarify the rights of EU citizens and individuals in the EU with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us:

• Right to object: You can object to ERK Consult processing your personal data where we do so for our legitimate interests, to enable us to perform a task in the public interest, to send you direct marketing materials, or for scientific, historical, research, or statistical purposes.
• Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities, you may withdraw this consent at any time.
• Data Subject Access Requests (DSAR): You may ask us to confirm what information we hold about you at any time, and request us to modify, update or delete such information.
• Right to erasure: You have the right to request that we delete your personal data in certain circumstances.
• Right to restrict processing: You have the right to request that we restrict our processing of your personal data in certain circumstances.
• Right to rectification: You have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you.
• Right of data portability: You have the right to transfer your personal data between data controllers.
• Right to lodge a complaint: You have the right to lodge a complaint with your local supervisory authority.

How do we store and transfer your data internationally?

In order to provide you with the best service and to carry out the purposes described in this Privacy Policy, your data may be transferred between and within ERK Consult entities, to third parties, to overseas Clients, or to a cloud-based storage provider.

We will only transfer data outside of the European Economic Area (EEA) where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data.

Cookies Policy

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual.

We do not use cookies to collect personal information or track data.

How to contact us

You can get in touch with us at any time:

• In order to access, amend or take back the personal data that you have given to us;
• If you suspect any misuse or loss of or unauthorised access to your personal information;
• In order to withdraw your consent to the processing of your personal data;
• To share any comments or suggestions concerning this Privacy Policy.

If you want to complain about our use of your personal information, please send an email detailing your complaint to:

Email: info@erkconsult.com

We take privacy seriously, so we will get back to you as soon as possible.

You also have the right to lodge a complaint with the relevant supervisory authority: