Eden Private Staff Ltd is committed to protecting the privacy and security of your personal information. We only collect and use personal data in line with the General Data Protection Regulation, the Data Protection Act 2018 and any other applicable laws and regulations.
This Privacy Notice informs you (the ‘data subject’) about our processing activities: the data we hold, why we use it, how long we will retain it for, and other relevant information.
Any questions and requests regarding personal data may be sent to our Data Protection Officer by sending an email to: data@edenprivatestaff.com or by phone: 0207 471 6000, or by post: Data Protection Officer, 20-21 Falkland Square, Crewkerne, Somerset, TA18 7JS.
APPLICABILITY
This notice is issued by Eden Private Staff Ltd (the ‘data controller’); it applies only to clients who use our services to recruit private staff. This notice does not form part of any contract between you and Eden Private Staff Ltd.
Where you engage staff through our services, you will become the data controller for personal data you hold about your employees in connection with their employment, note however that if you employ a candidate as a private individual the data protection legislation will not apply to you. This notice relates only to personal data we hold about you as our client.
DATA PROTECTION PRINCIPLES
We ensure any personal data we hold about you is:
- Used lawfully, fairly and in a transparent way
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes
- Relevant to the purposes we have told you about and limited only to those purposes
- Accurate and kept up to date
- Kept only as long as necessary for the purposes we have told you about
- Kept securely
THE KIND OF INFORMATION WE HOLD ABOUT YOU
Personal data means any information about an individual from which that person can be identified.
We collect, store, and use the following categories of personal information about you:
- Name, address, contact telephone numbers, email address
- Information about your family structure and household composition
- Details of children in your household, including names, ages, schools attended, activities and interests, dietary requirements and allergies, health information where relevant to the provision of care, routines and schedules
- Property details and locations, including any secondary residences where staff may be required
- Languages spoken in the household
- Specific requirements for staff, including duties to be performed, qualifications required, experience needed, working hours and any special requirements
- Budget and salary information for staff placements
- Bank details and payment information for processing our fees
- Feedback and references you provide regarding candidates we introduce to you
- Records of interviews, assessments and selection decisions relating to candidates
- Correspondence with you, including emails, letters and notes of telephone conversations
WHAT LEGAL BASES DO WE RELY ON?
We use the types of personal data above on the following legal bases:
- When we need the information to perform a contract with you (i.e. to provide recruitment and placement services, to match suitable candidates to your household requirements, to arrange interviews and facilitate the recruitment process).
- When we need to comply with our legal obligations (e.g. to maintain financial records for tax purposes under Finance Act 2009 and related legislation, to comply with obligations as your agent under the Equality Act 2010 regarding non-discrimination in recruitment).
- 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. Our legitimate interests include:
◦ Understanding your household requirements and preferences to enable effective matching of suitable candidates
◦ Protecting children and vulnerable people in your household by ensuring candidates are properly vetted and suitable
◦ Maintaining records of our business relationship for future placements and service provision
◦ Improving our services and understanding client needs
◦ Preventing fraud and protecting our business interests
◦ Establishing, exercising or defending legal claims
We only collect, store and use special category personal information (sensitive personal information) when:
- Processing is necessary for reasons of substantial public interest (under Article 9(2)(g) GDPR and Schedule 1, Part 2 of the Data Protection Act 2018) – this applies to information about children in your household, which we process for the purposes of safeguarding children and ensuring their safety and wellbeing when placing childcare professionals.
- We have your explicit consent – where we require detailed information about children in your household beyond what is strictly necessary for safeguarding purposes (such as detailed information about interests, preferences, learning styles), we will seek your explicit consent before processing this information.
WHY DO WE PROCESS THIS INFORMATION?
We process your personal information for the following purposes:
- SERVICE DELIVERY – To provide recruitment and placement services, to match suitable candidates to your household requirements, to arrange and facilitate interviews
- CONTRACT – To perform our contractual obligations to you and to maintain records of our agreement
- SAFEGUARDING – To ensure candidates are suitable for working with children or vulnerable adults in your household, to protect the safety and wellbeing of household members
- MATCHING – To understand your specific needs and preferences, to identify and present suitable candidates, to facilitate effective recruitment decisions
- PAYMENTS – To process our fees, to issue invoices, to maintain financial records
- RECORDS – To maintain appropriate records of our business relationship, to enable future placements and service provision
- ANALYSIS – To improve our services, to understand client needs and market trends
- LAWFUL – To ensure our activities are within the law and comply with our legal obligations
- FRAUD – To prevent and aid the investigation of fraud
- CLAIMS – To retain documents that may be relevant to legal claims or disputes
We will only use your 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 personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
WHERE DID WE COLLECT THIS DATA FROM?
We collect information from you directly when you:
- Register with us or request our services
- Complete our client registration forms or vacancy specifications
- Communicate with us by phone, email, post or in person
- Interview candidates we introduce to you
- Provide feedback or references for candidates
- Use our ongoing services
We may also obtain information about you from the following third-party sources:
- Other agencies or professional contacts who may refer you to us
- Publicly available sources such as professional directories or social media
ARE YOU UNDER ANY OBLIGATION TO PROVIDE THE PERSONAL DATA?
Where we process personal data to comply with our legal obligations you must provide this information.
For other information, while you are not under a strict legal obligation to provide it, failure to provide certain information may mean we cannot:
- Effectively match suitable candidates to your household requirements
- Ensure candidates are appropriate for working with children or vulnerable people in your household
- Provide you with our full range of recruitment services
- Process payments or maintain accurate financial records
WHO DO WE SHARE THIS INFORMATION WITH?
We share your personal information with the following categories of recipients:
Candidates (Prospective Employees)
We share relevant information about your household, requirements, and the position with candidates to enable them to:
- Assess whether the position is suitable for them
- Prepare for interviews with you
- Understand the care needs of children or other household members
- Attend interviews at the correct location and time
This sharing is essential to the recruitment process and is done with your knowledge as part of the service you have requested from us.
Third-Party Service Providers (Processors)
We use the following third-party service providers who process data on our behalf under strict instructions and under binding contracts:
- IT services and systems support providers
- Cloud-based storage providers
- Customer relationship management (CRM) software providers
- Payment processing providers
- Legal advisors and accountancy services
- Data protection consultancy services
Processors are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our processors to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
Regulatory and Legal Bodies
We may share your information with:
- Law enforcement or regulatory authorities where required by law or where necessary to protect the rights, property or safety of our clients, candidates or others
- Professional advisors including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services
TRANSFERS TO OTHER COUNTRIES OR TO INTERNATIONAL ORGANISATIONS
PLACEMENTS WITHIN THE UK: We do not transfer your personal information outside the UK. If this changes, we will ensure that any recipient countries provide a similar degree of protection to those under UK law and will inform you before the transfer takes place.
PLACEMENTS OVERSEAS: If you are based outside the UK, and if you are matched to candidate, your information will be transferred to the jurisdiction in which you reside. Where we transfer your personal information outside the UK, we ensure appropriate safeguards are in place:
- We will only transfer to countries that have been deemed to provide an adequate level of protection for personal data by the UK Government
- Where transfers are to countries without an adequacy decision, we will use Standard Contractual Clauses approved by the UK Government or other appropriate safeguards
- We will inform you before transferring your data internationally and seek your consent where required
WILL THE INFORMATION BE USED FOR AUTOMATED DECISION MAKING OR PROFILING?
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
We may use software systems to help match candidates to client requirements based on skills, experience, preferences and household needs, but all significant decisions are made by our recruitment consultants with human oversight.
HOW LONG DO WE KEEP THIS INFORMATION?
We retain personal data 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. Specific retention periods are as follows:
- Client contact information – Duration of contract plus 6 years from last contact or service provision, to enable us to maintain our relationship with you and provide future services
- Financial information (invoices, payment records) – 6 years from the end of the relevant financial year, to comply with HMRC requirements
- Bank details – 3 years from the end of the relevant tax year
- Correspondence and service records – 6 years from last service provision
- Information about children in your household – Duration of placement arrangement plus 6 years
- Contract documents – Duration of contract plus 6 years
- Legal claims – Duration of any litigation (actual or intimated)
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
It is important that the personal information we hold about you is accurate and current. Please let us know if your personal information changes.
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a ‘data subject access request’). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us in writing at the address provided at the beginning of this notice.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
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 an 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
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose (such as detailed information about children in your household), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us at the email address provided at the beginning of this notice.
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, unless we have another legitimate basis for doing so in law.
Please note that withdrawal of consent will not affect our ability to rely on other legal bases for processing your information where applicable (such as contract performance or legitimate interests).
COMPLAINTS
If you have any concerns or complaints about data protection, you should first raise this with us either by email to: data@edenprivatestaff.com or by phone: 0207 471 6000, or by post: Data Protection Officer, 20-21 Falkland Square, Crewkerne, Somerset, TA18 7JS.
If you have a complaint or concern that has not been remedied internally, you may choose to raise this with the Information Commissioner’s Office (ICO). Visit https://ico.org.uk for more information or call 0303 123 1113.