Privacy Policy
Privacy Notice
august 2022
BACKGROUND:
Michelle Sandys HR Consultant understands that your privacy is important to you and that you care about how your personal data is used. I respect and value the privacy of all of my Clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with my obligations and your rights under the law.
1. Information About Me
Michelle Sandys HR Consultant.
Sole Trader.
Registered address: c/o 8 Badgers Mews, Doctor Hope’s Road, Cranbrook, Kent TN17 3EQ.
Address: c/o 8 Badgers Mews, Doctor Hope’s Road, Cranbrook, Kent TN17 3EQ.
Data Protection: Michelle Sandys.
Email address: michelles@asifbymagic.me.uk
Telephone number: 07754 424082
Postal address: 8 Badgers Mews, Doctor Hope’s Road, Cranbrook, Kent TN17 3EQ
I am regulated by/registered with The Information Commissioner’s Office (ICO).
I am an Associate member of the Chartered Institute of Personnel and Development (CIPD).
2. What Does This Notice Cover?
This Privacy Information explains how I use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3. What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that I use is set out in Part 5, below.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, I will always work to uphold:
a) The right to be informed about my collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact me to find out more or to ask any questions using the details in Part 11.
b) The right to access the personal data I hold about you. Part 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by me is inaccurate or incomplete. Please contact me using the details in Part 11 to find out more.
d) The right to be forgotten, i.e. the right to ask me to delete or otherwise dispose of any of your personal data that I hold. Please contact me using the details in Part 11 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to me using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if I am relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to me directly, I am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask me for a copy of that personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. I do not use your personal data in this way.
For more information about my use of your personal data or exercising your rights as outlined above, please contact me using the details provided in Part 11.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data I hold about you changes, please keep me informed as long as I have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about my use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. I would welcome the opportunity to resolve your concerns myself, however, so please contact mefirst, using the details in Part 11.
5. What Personal Data Do You Collect and How?
I may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table.
Data Collected
How I Collect the Data
Identity Information including name, title, date of birth and gender.
Data will be sourced from Clients and their employees and potential employees in the course of producing contracts of employment, carrying out DBS, ID checks and Right to Work checks, and producing correspondence. Data will be collected via emails and telephone calls.
Contact information including address, email address, telephone number.
Data will be sourced from Clients and their employees and potential employees in the course of producing contracts of employment, carrying out DBS, ID checks and Right to Work checks, and producing correspondence. Data will be collected via emails and telephone calls.
Business information including business name, job title and profession.
Collected via emails and telephone calls from the Client / Business owner.
Data from third parties including name, address, email address and telephone number.
Collected via emails and telephone calls from the Client and potential employees in the course of carrying out DBS, ID checks and Right to Work checks.
6. How Do You Use My Personal Data?
Under the Data Protection Legislation, I must always have a lawful basis for using personal data. The following table describes how I may use your personal data, and my lawful bases for doing so:
What I Do
What Data I Use
My Lawful Basis
Administering my business.
Client name, address, telephone number, email address, business name, job title and profession.
Legitimate interest: to allow me to quote for business and draw up a Contract for Services.
Supplying my services to you.
As above, plus the same information for employees and potential employees of the Client.
Legitimate interest: to allow me to complete specific projects for the Client, including recruitment and onboarding of new employees and all checks that are required.
Managing payments for my services.
Accounts department/personnel email address and telephone number, plus names of appropriate employees.
Legitimate interest: to allow me to correspond with the most appropriate personnel and send my invoices to the correct department/person.
Personalising and tailoring my services for you.
Client business name, address, telephone number, email address, appropriate names of key personnel within the Client’s business and their job title, profession, telephone number and email address. Names, addresses, email addresses, dates of birth of employees and potential employees.
Legitimate interest: to allow me to produce contracts of employment, relevant correspondence specific to particular Client projects, including but not limited to disciplinary proceedings, grievance proceedings, sickness absence, performance issues, appeal hearings, tribunal preparation.
Communicating with you.
Name, business name, profession, job title, email address, telephone number.
Legitimate interest: to allow me to deal directly with the Client in order to carry out requested projects and to keep you updated with progress.
Supplying you with information, news and tips by email that you have opted-in-to (you may opt-out at any time by emailing me at michelles@asifbymagic.me.uk)
Name and email address
Legitimate interest: to send newsletter email to Clients to keep you informed of my business news and any news, tips, information that may be of interest and help to you as the Client.
With your permission and/or where permitted by law, I may also use your personal data for marketing purposes, which may include contacting you by email or telephone or text message or post with information, news, and offers on my services. You will not be sent any unlawful marketing or spam. I will always work to fully protect your rights and comply with my obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. I will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.
I will only use your personal data for the purpose(s) for which it was originally collected unless I reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If I do use your personal data in this way and you wish me to explain how the new purpose is compatible with the original, please contact me using the details in Part 11.
If I need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, I will inform you and explain the legal basis which allows me to do so.
In some circumstances, where permitted or required by law, I may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
7. How Long Will You Keep My Personal Data?
I will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
Type of Data
How Long I Keep It
Identity Information including name, title, date of birth and gender.
Client: for up to 12 months after conclusion of work and payment of final invoice.
No fixed retention period for ongoing Client.
Contact information including address, email address, telephone number.
Client: for up to 12 months after conclusion of work and payment of final invoice.
No fixed retention period for ongoing Client.
Business information including business name, job title and profession.
Client: for up to 12 months after conclusion of work and payment of final invoice.
No fixed retention period for ongoing Client.
Data from third parties including name, address, email address and telephone number.
Employee/Potential Employee: for 6 months from start of employment or conclusion of project.
Non-successful Potential Employee: for 1 month from unsuccessful application/interview.
8. How and Where Do You Store or Transfer My Personal Data?
I will only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.
The security of your personal data is essential to me, and to protect your data, I take important measures, including the following:
· limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
· procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where I am legally required to do so.
9. Do You Share My Personal Data?
I will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
If I sell, transfer, or merge parts of my business or assets, your personal data may be transferred to a third party. Any new owner of my business may continue to use your personal data in the same way(s) that I have used it, as specified in this Privacy Policy.
In some limited circumstances, I may be legally required to share certain personal data, which might include yours, if I am involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
I may sometimes contract with the following third parties to supply services.
Recipient
Activity Carried Out
Sector
Location
Accountant
Sharing of information concerning fees for projects carried out for Clients in the course of producing tax returns.
Accounting
Based in Kent, UK.
Independent HR Consultant
Third-party involvement in appeal hearings and/or mediation for Clients.
Human Resources
Based in Kent, UK or other UK location relevant to Client.
Mailchimp
Email addresses for newsletter email to Clients
Email marketing
Online
If any of your personal data is shared with a third party, as described above, I will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, my obligations, and the third party’s obligations under the law, as described above in Part 8.
If any personal data is transferred outside of the UK, I will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8.
If I sell, transfer, or merge parts of my business or assets, your personal data may be transferred to a third party. Any new owner of my business may continue to use your personal data in the same way(s) that I have used it, as specified in this Privacy Policy.
In some limited circumstances, I may be legally required to share certain personal data, which might include yours, if I am involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10. How Can I Access My Personal Data?
If you want to know what personal data I have about you, you can ask me for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell me everything I need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover my administrative costs in responding.
I will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, I aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date I receive your request. You will be kept fully informed of my progress.
11. How Do I Contact You?
To contact me about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Michelle Sandys:
Email address: michelles@asifbymagic.me.uk
Telephone number: 07754 424082
Postal Address: c/o 8 Badgers Mews, Doctor Hope’s Road, Cranbrook, Kent TN17 3EQ
12. Changes to this Privacy Notice
I may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if I change my business in a way that affects personal data protection.
This Privacy Notice was last updated on 2nd August 2022.