Terms and Conditions

We care about your information

WMS Recruitment are a data controller and data processor for the purposes of data protection legislation. Relevant, authorised members of our staff will have access to the information we may hold about you.

We ask you to share information with us so that we can provide you with work-finding and related services.

This document tells you what you can expect from us and how we will protect your rights. It applies to information we collect about agency workers, staff members and individuals who work at the companies we do business with.

If you wish to exercise any of your rights, please contact the Data Protection Officer at WMS Recruitment.

Why do we process your information?

We process information about you known as ‘personal data’ to enable us to carry out our business as an employment agency for the purposes of permanent recruitment services and as an employment business for the purposes of temporary recruitment services.

By law, we have obligations to ensure that the candidates we place into vacancies are suitable for those positions and that the vacancies are suitable for those candidates. We have a duty of care to look after the best interests of our customers and to do that we need to collect and process relevant information. We process some other information to help us make sure we are delivering a service that treats people legally and fairly, prevents human rights abuses, and is always improving.

Who will we share information with?

Information shared with client organisations - In order for our client organisations to consider workers for opportunities within their businesses, we need to share worker information with them. We have contracts in place with these organisations that require them to treat worker information as confidential before we share worker information with them.

Information shared with workers - In order to perform our recruitment services (such as arranging interviews, for example) we often need to share client contact information (such as name, job title and contact details) with workers.

Auditors & Inspectors - From time to time we may be audited by third parties to ensure that we are operating a legally compliant and ethical business. These third parties may include:

• Government regulatory and enforcement audits
• Independent social compliance audits
• Client audits

Other - If we would like to share your data with anyone not covered in this privacy notice (such as sharing testimonials with potential customers, for example), we will only do this where we have a legitimate reason to do so and where required will ask for your specific consent to do so.

What are your rights?

All individuals have the following rights regarding their personal information (also called ‘personal data’)

1. The right to be informed – You have the right to know what information we hold about you, what we are using it for, who we are sharing it with, how long we are keeping it, and on what basis we are processing the data. While we always prefer to process data based on your explicit consent, as a recruitment organisation we also have a ‘legitimate interest’ in processing your data to ensure we are matching you to suitable vacancies. There are also times when we have to process your information because we are required to by law.

2. The right of access – If you would like to see the records we hold on file for you, please contact the Data Protection Officer. All requests must be made in writing and will be dealt with within 30 days.

3. The right to rectification – If you believe we are holding incorrect information, you can ask us to correct it.

4. The right to erasure – You can ask us to remove your information from our records. As long as there is no legal requirement for us to keep them (for example, HMRC require us to keep payroll records for 6 years), we will remove your details. This will mean that we won’t be able to contact you with any work opportunities in future.

5. The right to restrict processing – Instead of asking to be removed, you can ask us to stop processing it – so you can ask us to stop contacting you about work opportunities, for example.

6. The right to data portability – If you want to take your data to another organisation, please contact the Data Protection Officer.

7. The right to object – You have the right to object to your data being processed on the basis of legitimate interests, direct marketing, and processing for statistical purposes. We will stop processing your information immediately unless there are legal reasons for us not to do so.

8. The right not to be subject to automated decision-making (including profiling) – You have the right to object to automated decision-making. Although we do not use as standard any automated decision making tools we shall inform you if any application you make would be subject to them.

What information do we collect? How do we use it? How long do we keep it?

This privacy notice has been divided into sections, so that you can read the information relevant to you. Each section tells you what information we collect, how we use it, and how long we will keep it for. These sections are:

• Agency workers
• Staff members
• Individuals who work at the companies we do business with

Agency Workers

Agency Workers are workers we supply to work with our client companies.

What information do we collect?

We collect personal data from you in order to fulfil our contract with you, to comply with our legal obligations and where it is in our legitimate interests in order to provide you with work seeking services and to supply our clients with labour. This will include:

• Your name and contact details
• Your right to work status (and to take copies of your passport/other allowable documents)
• Your skills, experience and qualifications (where relevant)
• Details about the type of work you are looking for
• Your next of kin
• Whether you require any reasonable adjustments in the recruitment process
• Questions about your work seeking activity, to help us make sure we are protecting your welfare and your rights.
• Your national insurance number and bank details in order to pay you for any work you do
We may also ask for further information to confirm your suitability for work, which may include:
• Reference details
• Health questions relevant to the type of work you are applying for • Whether you have any unspent criminal convictions
Once a contract has been offered, we will also ask for the following information:
• Whether you require any reasonable adjustments to undertake any roles
• For some roles, we may use assessments as part of the recruitment process such as literacy, numeracy or other skills testing and these results will be held on file.

How do we use it?

The information we collect will only be used for the purposes of progressing your application for work, or to fulfil legal or regulatory requirements if necessary. The information we ask for helps us to assess your suitability for work. You don’t have to provide the information we ask for, but it might affect our ability to provide you with work if you don’t.

How long do we keep it?

We keep the information for either the minimum period we are required to keep it by law, or as defined in our Data Retention Policy or for as long as you give us consent to keep the information.

Staff Members

Staff members are those people who work directly for and within our organisation.

What information do we collect?

We collect personal data from you in order to fulfil our contract with you, to comply with our legal obligations and where it is in our legitimate interests as an employer/labour provider to recruit new workers to fill vacancies in our business.

As part of our recruitment process, in order to assess your suitability for employment, we may ask for the following information:

• Name and contact details
• Your right to work status (including taking copies of original passport/visa documents) Your skills, experience and qualifications
• Whether you require any reasonable adjustments in the recruitment process Questions relevant to your ability to carry out the role
• Whether you have any unspent criminal convictions

For some roles, we may use assessments as part of the recruitment process such as literacy, numeracy or other skills testing and these results will be held on file.

Once a job offer has been made and accepted, we will also ask for the following information:

• Bank details
• National Insurance Number
• Your next of kin
• Whether you require any reasonable adjustments to undertake the role

How do we use it?

The information we ask for helps us to assess your suitability for employment, to enable us to employ you and to fulfil legal or regulatory requirements with us. You don’t have to provide the information we ask for, but it might affect our ability to employ you if you don’t.

This information is collected, processed and retained because employers have a ‘legitimate interest’ under data protection law to do this.

How long do we keep it?

If you are successful in your application for employment with us, we keep the information you provide for either the minimum period we are required to keep it by law, or as defined in our Data Retention Policy or for as long as you give us consent to keep the information.

If you are unsuccessful in your application for employment with us, the information will be kept on file for one year after the end of the recruitment process for that role.

Once you are working with us, your employee record will include other relevant information, including:

• Training records
• Appraisal and performance review records
• Sickness absence records
• Correspondence records (including disciplinary and grievance meeting notes where relevant)

Your employee record will be retained for the duration of your employment and for differing periods depending on the records as defined in our Data Retention Policy following the end of your employment.

External Business Contacts

External business contacts means individual members of staff at the supplier, support, client and other organisations we work with to perform the legitimate activities of our business.

What information do we collect?

We collect personal data in order to comply with our legal obligations and where it is in our legitimate interests as an employer/labour provider to do so.

Individuals within the companies we work with are also entitled to have their personal information protected.

We will only share information where it is allowed by law and relevant to our legitimate business activities, such as providing name, job title and contact details when arranging an interview.

We may also share professional information that is already in the public domain (such as company website pages, LinkedIn profiles, and similar media).

How do we use it?

The information we ask for will only be used in connection with the legitimate activities of our business.

How long do we keep it?

We keep the information for either the minimum period we are required to keep it by law, or for as long as you give us consent to keep the information, whichever is longer.

We will retain contact details for individuals within client organisations while the organisation remains a current or prospective client organisation.

Individuals within the organisations we work with have the same rights as any other individual (including the right to be forgotten). Anyone wishing to exercise their rights under data protection legislation should contact the Data Protection Officer.