Privacy Policy
INTRODUCTION
We are FM Made Simple (Registered in England & Wales No. 13632239) of 57 Montague Close, Wokingham, England, RG40 5PH. This Privacy Notice sets out the basis on which we use personal data in the course of our business activities.
As a business which relies upon having access to information about Candidates to meet our Clients’ requirements, data is essential to our business. Our systems and processes are designed to ensure that we can provide the best possible service to our clients while operating within the law at all times and protecting individuals’ data privacy rights.
We reserve the right to update this Privacy Notice from time to time. You should also refer to our website periodically so that you may access and view our updated Privacy Notice. This will ensure that you understand (i) how we are using your personal data and (ii) your legal rights around our usage of such personal data. Where appropriate, we shall contact you directly to inform you of any material changes to the Privacy Notice.
For an explanation of the definitions which are used in this Privacy Notice, please refer to the definitions section at the end of the document.
WHO SHOULD READ THIS PRIVACY NOTICE?
This Privacy Notice applies to any living, identifiable individuals about whom we may process personal data in the course of our business activities.
You should read this Privacy Notice if you are a:
Client Contact
Supplier Contact
Please note that you may fall into more than one of the above categories.
CLIENT CONTACTS
Where We Obtain Your Personal Data
We obtain personal data relating to you:
Directly in the course of dealing with you as a representative of the Client
Indirectly from:
online professional networking sites such as LinkedIn
your employer’s website and other industry-related websites
business information directories
other individuals within your organisation in the course of us providing services to the Client.
Types of Personal Data We Hold
We collect, store, and use the following categories of personal data about you:
Personal contact details such as name, title, addresses, telephone numbers, and email addresses;
Your job title and position within the Client organisation; and
Any background information relating to your personal circumstances, your work history and the role which you perform within the Client which you may provide to us in the course of your dealings with us.
We do not collect, store or use any “special” or sensitive personal data if you are a Client Contact.
How We Use Your Personal Data
We use your personal data to:
Contact you to obtain information about our Client’s requirements;
Liaise with you so that we may effectively perform the services to our Client;
Contact you to inform you of a Candidate’s availability or interest in a job role;
Obtain a reference for a Candidate;
Contact you for invoicing and credit control purposes;
Provide you with statistical information about your industry sector;
Comply with our legal obligations, defend or bring any legal proceedings and prevent fraud or any other crime.
Our Lawful Basis for Processing Your Personal Data
We have determined that we have a legitimate interest to process your personal data where you are a Client Contact on the basis that we need to be able to contact and interact with the individuals who are employed or engaged by our Clients. This will allow us to effectively provide services to them, better understand their requirements and generate revenue for our business. We do not use your data in any way which could reasonably be considered to be prejudicial to your interests.
Parties with Whom We May Share Your Personal Data
We may share very limited data relating to you with a Candidate where such sharing is strictly required for the recruitment process e.g. so that the Candidate may contact you directly. We will also share your personal data with Suppliers for legitimate business purposes.
SUPPLIER CONTACTS
Where We Obtain Your Personal Data
We obtain personal data relating to you:
Directly in the course of our dealings with you as a representative of the Supplier; and
Indirectly from:
online professional networking sites such as LinkedIn
your employer’s website and other industry-related websites
business information directories
other individuals within your organisation in the course of the Supplier providing services to us.
Types of Personal Data We Hold
We will collect, store, and use the following categories of personal information about you:
Personal contact details such as name, title, addresses, telephone numbers, and email addresses;
Your job title and position within the Supplier organisation; and
Any background information relating to the role which you perform within the Supplier which you may provide to us in the course of your dealings with us.
We do not collect, store or use any “special” or sensitive personal data if you are a Supplier Contact.
How We Use Your Personal Data
We use your personal data to:
Liaise with you in respect of services which are being provided by the Supplier;
Contact you in relation to billing matters;
Comply with our legal obligations, defend or bring any legal proceedings and prevent fraud or any other crime.
Our Lawful Basis for Processing Your Personal Data
We have determined that we have a legitimate interest to process your personal data where you are a Supplier Contact, on the basis that we need to be able to contact and interact with the individuals who are employed or engaged by our Suppliers. This will allow us to ensure that our Suppliers provide us with the best possible service which, in turn, is of direct benefit to both our Candidates and our Clients. We do not use your data in any way which could reasonably be considered to be prejudicial to your interests.
Parties with Whom We May Share Your Personal Data
We will share your personal data with other Suppliers for legitimate business purposes.
OUR WEBSITE
If you interact with our website at www.fmmadesimple.com, we may record your IP address and process statistical information relating to your usage of the website. For information on the cookies which we use, you should refer to our Cookie Policy which is shown on our website at www.fmmadesimple.com/cookies.
AUTOMATED DECISION MAKING
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention.
All decisions which are made in the course of our business processes involve human intervention. We do not make any decisions using automated means.
DATA SECURITY
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the Managing Director.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
DATA RETENTION
We will only retain your personal information 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. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Our standard data retention period is three years from the last date on which we are in actual contact with you i.e. where we actually speak with you or exchange correspondence. After this time, we will delete your personal data from our records unless there is a legal reason why we should hold it for a longer period. If we have placed you in a permanent or temporary position, we will usually hold your data for the period set out below.
Where we are required to keep any information (i) for auditing or compliance purposes (ii) to comply with our contractual obligations to third parties or (iii) in respect of any potential or actual legal proceedings, we shall keep your data for as long as is strictly necessary for these purposes, which is typically for seven years. This ensures that we can (i) produce audit data for HRMC and (ii) effectively defend any claim which may arise in the standard contractual limitation period.
In some circumstances we may completely 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 & RESTRICTION
Your duty to inform us of changes.
It is important that the personal information we hold about you is accurate and current. You must therefore keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information.
Under certain circumstances, you have the right to:
Request access to your personal information (a 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. You will not usually have to pay a fee to access your personal information but we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
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 the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed or you have objected to the processing and there is no overriding legitimate interest for continuing the processing.
Object to processing of your personal information where we are relying on a legitimate interest and you object on “grounds relating to your particular situation.”
Request the restriction of processing of your personal information. This enables you to ask us to block or suppress the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it or if you have also objected to the processing as above.
Request the transfer of your personal information to another party when the processing is based on consent and carried out by automated means. This right is not usually applicable to any data processing carried out by us.
If you want to exercise any of the above rights, please contact the Managing Director in writing. We will consider your request and confirm the actions which we have taken in response to such request.
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.
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, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Managing Director. 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. We will confirm the actions which we have taken in respect of any such request.
If you are unhappy with any aspect of the manner in which we have processed your personal data or dealt with your decision to exercise any of the rights set out in this section, you have the right to complain to the Information Commissioners Office in the United Kingdom. Their details are:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Tel: 0303 123 1113 (local rate) or 01625 545 745
Email: casework@ico.org.uk
DEFINITIONS
This Privacy Notice uses the following defined terms:
Candidate means a person who is recorded in our records as seeking or potentially suitable for employment or engagement with a Client. This includes individuals who are not actively seeking a new role but who are in contact with us about potential opportunities which may be of interest from time to time.
Client means a business which has engaged us to provide services or which we have identified as a business for which we wish to perform services.
Client Contact means a person who is employed or engaged by a Client and with whom we may liaise in respect of any services which we are providing or wish to provide to the Client. In some cases, the Client Contact and the Client may be the same person e.g. where a Client is a sole trader.
Data Protection Legislation means (i) the Data Protection Act 2018, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018 which is applicable in the United Kingdom.
Referee means a person who has provided to us a written or verbal opinion in respect of the work history, skills, competency and/or experience of a Candidate;
Supplier means a business which provides services to us and which may process personal data relating to any Candidate, Client Contact or Supplier Contact in the course of performing such services including our:
Professional advisers including accountants, tax advisors and lawyers;
Insurers;
IT services providers and software providers; and
Independent consultants and subcontractors
Supplier Contact means a person who is employed or engaged by a Supplier and with whom we may liaise from time to time in respect of the services which are provided by that Supplier.
CONTACTING US
If you have any questions about this Privacy Notice, you can write to the Managing Director at FM Made Simple Ltd, 57 Montague Close, Wokingham, England, RG40 5PH. info@fmmadesimple.com