LEGAL

ACTICA CONSULTING LIMITED PRIVACY POLICY

VERSION 1, ISSUED JULY 2019

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), which applies across the European Union (including in the UK at the moment), and the Data Protection Act 2018, together the “Data Protection Legislation”) under which we are responsible as ‘controller’ of that personal information for the purposes of those laws.

Sections:

Who we are and key terms

It would be helpful to start by explaining some key terms used in this Privacy Notice:

we, us, our

Actica Consulting Limited, a company registered in England and Wales under company number 03396854 with its registered office of 4 Stirling House, Stirling Road, Surrey Research Park, Guildford, Surrey, GU2 7RF;

you, your

website users, potential employees, employees, consultants, clients and suppliers;

personal information

any information relating to an identified or identifiable individual; and

special category personal information

personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership; genetic and biometric data; and/or data concerning health, sex life or sexual orientation.

Personal information we collect about you

We may collect and use the following personal information about you:

Personal information

Website users

Clients

Suppliers

Employees and Potential employees

Consultants

Your name and contact information (including address history), including email address and telephone number and company details.

Your emergency contact name, number, relation to you.

   

Your gender information, if you choose to give this to us.

Your marital status, dependents, parents.

     

Location data, if you choose to give this to us.

       

Information about how you use our website, IT, communication and other systems.

       

Information to enable us to check and verify your identity, for example your date of birth (and birth certificate), your nationality, etc

Your professional online presence, for example LinkedIn profile.

 

Information from accounts you link to us, for example LinkedIn or Facebook.

 

Information to enable us to undertake credit or other financial checks on you (if applicable), including financial status.

     

Your responses to surveys, competitions and promotions.

Your professional interests, educational history, employment history (including starting and leaving dates of previous employers, performance appraisals, disciplinary and grievance information, sick notes and periods of absence), CV, and professional qualifications, together with pre-employment checks.

   

Passport details, driving licence details, nationality details and information relating to any criminal offences.

   

Images of staff, for use on our websites and promotional and business documentation.

   

Medical information relating to injuries at work, collected on an ongoing basis.

   

This personal information is required to provide services to you (in the case of clients, potential employees, employees, or website users), or (in the case of suppliers) to purchase goods and/or services from you. If you do not provide the personal information we ask for, it may delay or prevent us from providing services to you, or purchasing goods and/or services from you.

How your personal information is collected

We collect most of this personal information directly from you – in person, by telephone, text or email and/or via our website. However, we may also collect information:

• from publicly accessible sources – for example, Companies House or HM Land Registry;
• directly from a third party, for example: screen / vetting providers; credit reference agencies; or client due diligence providers;
• from a third party with your consent, for example a referee;
• via our IT systems, for example: door entry systems and reception logs; automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.

How and why we use your personal information

Under the Data Protection Legislation, we can only use your personal information if we have a proper reason for doing so, for example:

• to comply with our legal and regulatory obligations;
• for the performance of our contract with you or to take steps at your request before entering into a contract;
• for our legitimate interests or those of a third party; or
• where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

What we use your personal information for

Our reasons

To provide services to you (in the case of clients) or purchase goods and/or services from you (in the case of suppliers).

For the performance of our contract with you or to take steps at your request before entering into a contract.

To prevent and detect fraud against you or us.

For our legitimate interests or those of a third party: that is, to minimise fraud that could be damaging for us and for you.

Conducting checks to identify potential employees, consultants, clients or suppliers and verify their identity. Screening for financial and other sanctions or embargoes. Other processing relating to employees, potential employees, consultants, clients or suppliers necessary to comply with professional, legal and regulatory obligations that apply to our business, for example under health and safety regulation.

To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party to ensure the safe and proper working arrangements for employees and/or consultants with our clients. For performance of a contract we have with you.

Ensuring our business policies and those of our clients are adhered to, for example policies covering security and internet use.

For our legitimate interests or those of a third party: that is, to make sure we are following our own internal procedures and meeting our contractual obligation so we can deliver the best service to our clients, employees and consultants. For performance of a contract we have with you.

Operational reasons, such as improving efficiency, training and quality control.

For our legitimate interests or those of a third party: that is, to be as efficient as we can, so we can deliver the best service to our clients and employees and consultants.

Ensuring the confidentiality of commercially sensitive information and other confidential or government classified information.

For our legitimate interests or those of a third party: that is to protect trade secrets and other commercially valuable or government classified information. To comply with our legal and regulatory obligations. For performance of a contract we have with you.

Statistical analysis to help us manage our business, for example in relation to our financial performance, client base, product range or other efficiency measures.

For our legitimate interests or those of a third party: that is, to be as efficient as we can so we can deliver the best service for you at the best price.

Preventing unauthorised access and modifications to systems.

For our legitimate interests or those of a third party: that is, to prevent and detect criminal activity that could be damaging for us and for you. To comply with our legal and regulatory obligations.

Updating and enhancing client records.

For the performance of our contract with you or to take steps at your request before entering into a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party: for example, making sure that we can keep in touch with our clients and potential candidates about existing or new roles.

Statutory returns.

To comply with our legal and regulatory obligations.

Marketing our services to: existing and former clients; potential employees or consultants; third parties who have previously expressed an interest in our services; or third parties with whom we have had no previous dealings.

For our legitimate interests, in order to promote our business to existing and former clients.

Credit reference checks via external credit reference agencies.

For our legitimate interests or those of a third party, in order to ensure our clients and suppliers are likely to be able to pay for our services or provide the goods and/or services we purchase from them.

External audits and quality checks: for example, for compliance with quality control schemes and the audit of our accounts.

For our legitimate interests or a those of a third party, in order to maintain our accreditations so we can demonstrate we operate at the highest standards. To comply with our legal and regulatory obligations.

To use data analytics to improve our website, services, marketing, client or candidate relationships and experiences.

For our legitimate interests (to define types of clients or candidates for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).

The above table does not apply to special category personal information, which we will only process with your explicit consent.

Promotional communications

We may use your personal information to send you updates (by email, text message, telephone or post) about our services, employees or available roles.

We have a legitimate interest in processing your personal information for promotional purposes. This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organisations outside of Actica and its Group for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

• contacting us at opportunites@actica.co.uk;
• using the ‘unsubscribe’ link in emails;
• notifying us of your marketing preferences.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal information with

We routinely share personal information with:

• third parties we use to help deliver our services to you: for example, payment service providers and banks;
• other third parties we use to help us run our business: for example, marketing agencies, website hosts, software as a service providers or software providers, such as Microsoft or other software providers;
• third parties approved by you: for example, social media sites you choose to link your account to or third party payment providers, such as LinkedIn;
• third parties where we have a duty to or are permitted to disclose your personal information by law (e.g., government agencies, law enforcement, courts and other public authorities);
• credit reference agencies; our insurers and brokers;
• our banks;
• providers of ID and other background checks (criminal record screening/pre-employment checks) on our potential employees, employees and/or consultants;
• if you are a prospective employee or consultant; and
• Actica Group companies (including Actica Holdings and Actica Consulting)

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensuring that they can only use your personal information to provide services to us and to you. We may also share personal information with our accountants, in relation to the proper preparation of our accounts.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

In the future, we may sell or buy any business or assets, we may need to share some personal information to the prospective seller or buyer of such business or assets as part of the pre-sale or purchase and where there is a service-change in order to comply with applicable laws. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Where your personal information is held

Information may be held at our offices and third party agencies, service providers, representatives and agents as described above.

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below.

How long your personal information will be kept

We will keep your personal information while you have an account with us (in relation to clients), while we have an account with you (in relation to suppliers) or whilst we are working with you (in relation to clients, potential employees, employees and/or consultants). Thereafter, we will keep your personal information for as long as is necessary:

• to respond to any questions, complaints or claims made by you or on your behalf;
• to show that we treated you fairly; and
• to keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. Further details are available upon request.

When it is no longer necessary to retain your personal information, we will either delete or anonymise it.

Transferring your personal information outside of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), for example:

• with your and our service providers located outside the EEA;
• with clients, consultants, potential employees, employees or suppliers located outside the EEA;
• if you are based outside the EEA; or
• where there is an international dimension to the services we are providing to you.

These transfers are subject to special rules under European and UK data protection law.

These non-EEA countries do not have the same data protection laws as the UK and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure by either:

• only transferring your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission;
• when we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe; or
• if we use providers based in the US, we will only transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between the Europe and the US.

If you would like further information please contact us.

Your rights

You have the following rights, which you can exercise free of charge:

Access

The right to be provided with a copy of your personal information (the right of access).

Rectification

The right to require us to correct any mistakes in your personal information.

To be forgotten

The right to require us to delete your personal information – in certain situations.

Restriction of processing

The right to require us to restrict processing of your personal information – in certain circumstances – for example, if you contest the accuracy of the data.

Data portability

The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party – in certain situations.

To object

The right to object: at any time to your personal information being processed for direct marketing (including profiling); or in certain other situations to our continued processing of your personal information – for example, processing carried out for the purpose of our legitimate interests.

Not to be subject to automated individual decision-making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the guidance on the Information Commissioner’s Office website on individuals’ rights under the Data Protection Legislation.

If you would like to exercise any of those rights, please:

• email, call or write to our Data Protection Officer (DPO), and
• let us have enough information to identify you (for example your full name and address);
• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
• let us know what right you want to exercise and the information to which your request relates.

Keeping your personal information secure

We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We continually test our systems to ensure we are achieving a high level of information security for the data we hold in our systems.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information.

The Data Protection Legislation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or EEA) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or by telephone: 0303 123 1113, or by post to the Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Changes to this privacy policy

This privacy notice was published in July 2019.

We may change this privacy notice from time to time—when we do we will inform you via our website and, if appropriate, by email.

How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

DPO: Andy Evason

Postal address: Actica Consulting Ltd
4 Stirling House
Stirling road
Guildford

E-mail address: dpo@actica.co.uk

Phone number: 01483 484090

Copyright © 2018 by Actica Consulting Limited.
Read our legal terms and conditions and Privacy Notice.