H.W. ANDERSON PRIVACY NOTICE

 

Data Controller:        H.W. Anderson Ltd. 12 Alva Street, Edinburgh EH2 4QG

Data Protection Officer:    Jordan Wilkie, Managing Director


At H.W. Anderson, your privacy is our priority. The firm collects and processes personal information in relation to the recruitment process. The firm is committed to being transparent about how it collects, uses and protects that data and to meeting its data protection obligations.

H.W Anderson is committed to protecting the privacy of our candidates, clients and users of our website. We want to provide a safe and secure user experience. We will ensure that the information you submit to us, or which we collect, via various channels (including our website, through written correspondence (including e-mail), conversations or meetings with our consultants, or through any of our offices, globally), is only used for the purposes set out in this policy.  
 
Through this Privacy Policy we aim to inform you about the types of personal data we collect from candidates, the purposes for which we use the data and the ways in which the data is handled.  We also aim to satisfy the obligation of transparency under the EU General Data Protection Regulation 2016/679 ("GDPR") and national laws implementing GDPR.
 
For the purpose of this Privacy Policy the controller of personal data is H.W. Anderson and our contact details are set out in the Contact section at the end of this Privacy Policy. References in this Privacy Policy to our Group of companies is to the parent company “H.W. Anderson”.

You have a legal right to object at any time to:

  • use of your personal information for direct marketing purposes; and
  • processing of your personal information which is based on our legitimate interests, unless there are compelling legitimate ground for our continued processing.

We will collect your personal details, including but not limited to your name and contact details (together with your e-mail address) and other relevant information. On occasion this will also include sensitive personal information such as details of criminal convictions and ethnic origin.  When we receive your details electronically, this may be through means of email, a direct application, or an application that you have made through a third party job board.

We will likely obtain further personal information about you during the course of our relationship with you.  This information may be obtained from you directly or from third parties, such as client organizations to whom we have provided your information and who have engaged with you as part of the recruitment process.

We will hold, use and disclose your personal information, for our legitimate business purposes including: 

  • to provide our services to you;
  • to maintain our business relationship, where you are a user of our website, a client or candidate;
  • to enable you to submit your Personal Profile, Resume or CV;
  • to match your details with opportunities, to assist us in finding a position that is most suitable for you and to send your personal information (including sensitive personal information) to clients in order to apply for jobs;
  • to retain your details and notify you about future opportunities other than the specific role for which you have contacted us;
  • to answer your enquiries;
  • to fulfil contractual obligations with our clients;
  • to provide further services to you by sharing your personal information with other companies within our Group of companies as well as trusted third parties. Further details about this are set out in the separate section below;
  • to release personal information to regulatory or law enforcement agencies, if we are required or permitted to do so;
  • We may process, in accordance with local regulations, certain sensitive personal data (known as ‘special category data’ in GDPR) where you include it in information you send to us e.g. if you include information about your health, religion or ethnic origin in any of the information you send to us.  We may also be required to conduct a criminal records check against your details.  We have processes in place to limit our use and disclosure of such sensitive data other than where permitted by law.
     

The Legal Basis for Processing your Personal Information

Under GDPR, the main grounds that we rely upon in order to process personal information of candidates and clients are the following:
 
Necessary for entering into, or performing, a contract
In order to perform obligations that we undertake in providing a service to you, or in order to take steps at your request to enter into a contract with us, it will be necessary for us to process your personal data; 
 
Necessary for compliance with a legal obligation
We are subject to certain legal requirements which may require us to process your personal data.   We may also be obliged by law to disclose your personal data to a regulatory body or law enforcement agency;
 
Necessary for the purposes of legitimate interests
Either we, or a third party, will need to process your personal data for the purposes of our (or a third party's) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your personal data protected.  Our legitimate interests include responding to requests and enquiries from you or a third party, optimizing our website and customer experience, informing you about opportunities and services and ensuring that our operations are conducted in an appropriate and efficient manner;
 
Consent
In some circumstances, we may ask for your consent to process your personal data in a particular way.
    
How do we share Personal Information?

In certain circumstances we will share your personal information with other parties.  Details of those parties are set out below along with the reasons for sharing it.
 

Other Companies within our Group within the EEA
Where you are registered as a candidate on our system, we will share your personal information with other companies in the H.W. Anderson group of companies in the European Economic Area ("EEA"). 
 
We will share your personal information as above for any or all of the following purposes: 
to provide you with recruitment services;
for business development;
to improve our customer service and to make our services more valuable to you; and/or


Other Companies within our Group outside the EEA
In the event we explore opportunities for you outside the EEA, we will notify you that we intend to pass your personal information to, or allow access to such information by, other companies within our Group of companies worldwide so they can use it for the purposes set out above.  
 
We apply equal rigor to the security of data held and processed across the whole of our global network. Each company within our Group of companies outside the EEA with access to data in the UK complies with this policy, thereby undertaking to meet the same standards of data security and to act in accordance with data protection principles applicable under the strict European data protection laws.  


Clients
We disclose your personal information to clients in which you are interested

Trusted Third Parties
We will share your personal information and, where necessary, your sensitive personal information with trusted third parties where we have retained them to provide services that you or our clients have requested, such as:
employment reference checking;
qualification checking;
criminal reference checking (as required);
verification of details you have provided from third party sources; and/or
psychometric evaluations or skills tests. 
 
We require minimum standards of confidentiality and data protection from such third parties.  To the extent that any personal information is provided to third parties outside the EEA, or who will access the information from outside the EEA, we will ensure that approved safeguards are in place, such as the approved, such as The EU/US Privacy Shield.



Regulatory and Law Enforcement Agencies

As noted above, if we receive a request from a regulatory body or law enforcement agency, and if permitted under GDPR and other laws, we may disclose certain personal information to such bodies or agencies.


How Long Does the Firm Keep Data?

The length of time we will hold or store your personal information for will depend on the services we perform for you and for how long you require these.  As we often support candidates with placements over many years, and potentially throughout their careers, the purpose for which we retain candidate data is often an ongoing purpose.  We conduct regular data-cleansing and updating exercises with our candidates to ensure that:

  • the data that we hold is accurate and;
  • we are not holding data for too long.

 
Our standard terms of business state that our clients should retain candidate data such as CVs for the purposes of the specific role you apply for and that, as controllers of your data, they should inform you if they plan to retain your CV on file in order to notify you about potential future roles, or to otherwise hold or use your data for other purposes.


Consent

To the extent that we are processing your personal information based on your consent, you have the right to withdraw your consent at any time.  
 

Personal Profiles Resumes and Curriculum Vitaes

We give you the option of submitting your information by providing your details to one of our consultants. You can do this either to apply for a specific advertised job or for consideration for opportunities as they arise. 
 
Your information will be stored in our system and will be accessible by our recruitment consultants. 
 
Your information may also be emailed directly to other companies within our Group of companies for review to enable them to provide their services to you. You can withdraw your permission for your data being processed outside the EEA via email request, referring to the Contact section below. 
 
You can update your information at any time, simply by submitting an updated CV or resume to one of our consultants. Any out of date information will be archived providing the submission details remain the same (for example you submit updates to existing information using the same email address or you advise the relevant contact of your new submission).

Your Rights

You have certain rights in relation to personal information we hold about you. Details of these rights and how to exercise them are set out below.  We will require evidence of your identity before we are able to act on your request.
 
Right of Access
You have the right at any time to ask us for a copy of the personal information about you that we hold.  Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of your personal information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reasons for doing so.
 
Right of Correction or Completion
If personal information we hold about you is not accurate, out of date or incomplete, you have a right to have the data rectified, updated or completed.  You can let us know by referring to the Contact section below.
 
Right of Erasure
In certain circumstances, you have the right to request that personal information we hold about you is erased e.g. if the information is no longer necessary for the purposes for which it was collected or processed, or our processing of the information is based on your consent and there are no other legal grounds on which we may process the information.
 
Right to Object To or Restrict Processing
In certain circumstances, you have the right to object to our processing of your personal information by referring to the Contact section below.  For example, if we are processing your information on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which override your rights and interests. You also have the right to object to use of your personal information for direct marketing purposes.
 
You may also have the right to restrict our use of your personal information, such as in circumstances where you have challenged the accuracy of the information and during the period where we are verifying its accuracy.
 
Right of Data Portability
In certain instances, you have a right to receive any personal information that we hold about you in a structured, commonly used and machine-readable format. 

You can ask us to transmit that information to you or directly to a third-party organization. The above right exists only in respect of personal information that:

  • you have provided to us previously; and
  • is processed by us using automated means.

 
While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third-party organization’s systems. We are also unable to comply with requests that relate to personal information of others without their consent.  You can exercise any of the above rights by contacting us referring to the Contact section below. Most of the above rights are subject to limitations and exceptions.  We will provide reasons if we are unable to comply with any request for the exercise of your rights.

Contact 

If you have any enquiries or if you would like to contact us about our processing of your personal information, including to exercise your rights as outlined above, please contact the Data Protection Officer by email: Jordan.Wilkie@HW-Anderson.com. If you believe the firm has not complied with your data protection rights, you can complain to the Information Commissioner.