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GDPR Policy / Acceptable Use Policy

GDPR Policy


At A1 Care, we are committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you in accordance with the General Data Protection Regulation (GDPR). We are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This privacy notice applies to current and former employees, workers, clients and suppliers.

This notice does not form part of any contract of employment, terms of engagement or other contract to provide services. We may update this notice at any time. For the avoidance of doubt, we are required by law to issue this notice to all individuals for which we hold personal data and the issuing of this notice does not alter the terms of any contract we have agreed with you and does not alter the status under which we have contracted with you.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

DATA PROTECTION PRINCIPLES


We will comply with the data protection law. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes
3. Relevant to the purposes we have told you about and limited only to those purposes
4. Accurate and kept up to date
5. Kept only as long as necessary for the purposes we have told you about
6. Kept securely

THE INFORMATION WE HOLD ABOUT YOU


Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed anonymous data. There are ‘special categories’ of more sensitive personal data which require a higher level of protection.

We may collect, store and use the following categories of personal information about:

• Personal contact details such as name, title, addresses, telephone numbers and personal email addresses.
• Date of Birth
• Gender
• National Insurance Number
• Bank Account details
• Private and corporate email addresses
• Financial information (including but not limited to payroll details and terms, HMRC data, pension scheme details, court orders and statutory payments)
• Salary, annual leave, grievance and disciplinary information for employees only
• Start date, leave date
• Location of workplace
• Recruitment information including copies of right to work documentation, references and other information included in a CV or as part of the application process
• Information about your use of our information and communications systems
• Photographs
• A log of our communications with you by email, telephone and WhatsApp
• Any other work related information you provide for example, education or training certificates
We also collect, store and use the following ‘special categories’ of more sensitive personal information:
• Information about your health including any medical condition, health and sickness records
• Records from the Disclosure and Barring Service

HOW WE COLLECT THE INFORMATION


This information will have been provided, or will be provided, by you or a third party who we work with, such as a Job Board Company or another employment business or agency. In the case of references, these will be from your previous employers. Medical information may be supplied by a third party such as your GP, Consultant or Occupational Health or supplied in our Employment Fitness Questionnaire. The outcome of criminal record checks and security clearance checks, where relevant, will be supplied by the Disclosure and Barring Service or other external company applicable to the placement.

The above information is used to provide our services to you in our capacity as an employment business / agency to find you suitable work whether on a temporary or permanent basis based on your requirements as set out below.

HOW WE WILL USE INFORMATION ABOUT YOU



We will only use your personal information when the law allows us to. Most commonly we will use your personal information in the following circumstances

1. Where we need to perform the contract we have entered into with you. In order to perform our contract with you we may contact you by post, telephone, email or any other electronic means
2. Where we need to comply with a legal obligation
3. Where we have identified legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

We may also use your personal information in the following situations:

1. Where we need to protect your interests (or someone else’s interests)
2. Where it is needed in the public interest or for official purposes

Situations in which we will use your personal information

We will need all the categories of information in the list above primarily to allow us to:

• Perform our contract with you (including for us to determine your suitability for roles) if we are negotiating or have entered into an agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation
• To enable us to comply with legal obligations
• In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

We have indicated below the purpose or purposes for which we are processing or will process your personal information as well as indicating which categories of data are involved.

• Determining the terms on which you work for us
• Checking you are legally entitled to work in the UK
• Paying you and deducting tax, National Insurance contributions
• Liaising with your pension provider (if applicable)
• Administering the contract we have entered into with you
• Making decisions about your continued employment or engagement
• Making arrangements for the termination of our contract with you
• Dealing with legal disputes involving you, or other employees or workers including accidents at work and safeguarding issues
• Ascertaining your fitness to work
• Managing sickness absence
• Complying with health and safety obligations
• To prevent fraud
• To monitor your use of our information and communication systems to ensure compliance with IT policies.
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution
• To conduct data analytics studies to review an better understand workers retention and attrition rates
• Equal opportunities monitoring

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

It should be noted that the reasons listed above may not apply to all those we engage with. For example if you are engaged under Terms of Engagement then we will not be using your personal information for disciplinary or grievance matters.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Change of Purpose

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.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION


‘Special categories’ of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

1. In limited circumstances with your explicit written consent

2. Where we need to carry out our legal obligations and in line with our data protection policy

3. It is needed in the public interest, such as for equal opportunities monitoring or in relation to pension scheme and in line with our data protection policy

4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

Our obligations as an employer of our employees (not engaged under Terms of Engagement)

For employees we may use your particularly sensitive personal information in the following ways:

• We may use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws

• We may use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that that you agree to any request for consent from us.

INFORMATION ABOUT CRIMINAL CONVICTIONS


We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

We do undertake DBS checks and may undertake a DBS check on you when required. If we do so you will give us consent by completing a DBS Application Form or a Consent Form for us to check for any updates on a DBS original certificate which you have registered with the DBS Update Service. We will retain a copy of the DBS results on your file.

AUTOMATED DECISION MAKING


Automated decision making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to automated decision making in the following circumstances:

1. Where we have notified you of the decision and given you 21 days to request a reconsideration

2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights

3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest and we must also put in place appropriate measures to safeguard your rights.

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 do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

DATA SHARING


We will share this data when required in order to discharge our obligations to you or to administer our working relationship with you. We will not share this date in order to send you marketing material unless we have obtained your consent to do so. We have a legitimate business interest to keep you up to date with news about our company and keep you up to date with changes in law.

We may have to share your data with third parties, including third party service providers and other entities. We require third parties to respect the security of your data and to treat it in accordance with the law.

In the event that we transfer your personal information outside the EU you can expect a similar degree of protection in respect of your personal information.

Why might we share your personal information with third parties?

We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third party service providers process your personal information?

‘Third Parties’ includes third party service providers. The following third party service providers or categories of third party service providers MAY process personal information about you for the following purposes:

• Internet and website hosting companies and services

• Master and Neutral Vendors – web based timesheet and invoice processing services

• ESOS and associate or subsidiary companies to process wage payments, invoice processing and collection of debts

• DBS and Disclosure requests – uCheck

How secure is my information with third party service providers and other entities in our company?

All our third party service providers and other entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third party service providers 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.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.

DATA SECURITY


We have put in place measure to protect the security of your information. Details of these measures are available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

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 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 our Data Privacy Manager.

We have put in place procedures with 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


How long will you use my information for?

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. Details of retention periods for different aspects of your personal information are available in our Retention Policy which is available from Data Protection Manager. 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. Ordinarily we anticipate that we will retain your data for six years after the financial year that we last processed your personal data i.e. from the date that you last worked for us.

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. Once you no longer an employee or worker of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

YOUR RIGHTS – INDIVIDUAL RIGHTS


Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period you provide services to us.

Your rights in connection with personal information

Under certain circumstance, 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 our Data Protection Manager in writing.

No fee is usually required

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.

What we may need from you

We may need to request specific information from you to help us to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This another 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 you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent please contact our Data Protection Manager. 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.

DATA PROTECTION MANAGER


We have appointed a Data Privacy Manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information please contact our Data Privacy Manager – Sergiu Calauz at bournemouth @ (A rond) a1care.co.uk. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. The ICO can be contacted through this link: https://ico.org.uk/concerns/

CHANGES TO THIS PRIVACY NOTICE


We reserve the right to update this privacy notice at any time and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information

Acceptable Use Policy for A1 CARE Jobs

By proceeding to access this Service you agree to be legally bound by the terms of this Acceptable Use Policy. This Acceptable Use Policy sets out the terms and conditions for use of the A1 Agency  recruitment portal provided by Work Experience Business Services for the health care company A1 Care.

Definitions


"We" / "Us" means the A1 Agency  Business Services which recruits to the health care company of A1 Care.

Communication


You must provide a valid personal email address when you register with A1 Agency and again for each application you submit.
If you supply an incorrect email address then you will not receive messages sent by A1 Agency in connection with your account, nor will you receive messages sent in relation to an application by the recruiter. We do not guarantee reliability of email communications and you should check the status of any application on A1 Agency or with the employer if you are concerned.

If you supply a UK mobile phone number and have agreed to receive SMS texts then A1 Agency will send you reminders of interview dates and selected other events via SMS text. Please be advised that we cannot guarantee that SMS text messages will always be delivered, so you should not rely upon reminders and notifications sent.
Passwords and Security
Passwords should be kept in a secure environment and not shared. With any suspected breaches of security you should change your password or delete your account.

Applications


If you would like to be considered for a position advertised for A1 Care you must complete and apply form for that position through A1 Agency. You are required to include your CV when submitting your application form with full employment history and document any employment gaps. A recruiting employer will normally only consider your application if it meets the requirements published in the job advert and person specification. The information you provide in your applications/CVs must be truthful, complete and accurate. A declaration is included in the application form on A1 Agency which, when agreed to on submission of the application form, is considered valid and binding. Following submission of your application form you note that you have made a mistake you are responsible for amending the mistake. Your job application and any other material you enter into A1 Agency must not include any material that is false, misleading, defamatory, discriminatory, threatening, offensive, abusive, likely to cause someone anxiety or distress, encourages violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy, unlawful, harassing, libelous, harmful, vulgar, obscene, or otherwise objectionable. You must not post material which is technically harmful (including, without limitation, computer viruses, or other malicious software).

Applications and any accompanying attachments are assessed. Any requests for information relating to your application should be addressed through the communication on this platform. We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you. Job applications and any accompanying attachments are retained on A1 Agency depending on the relevant advert's or recruitment's closing date, and then deleted. If you need to access an application form and any attachments, you have sent we recommend you to save them for yourself. Data is retained for this period on A1 Agency in order to allow A1 Care as an employing organisation to revisit vacancy and application data in case the vacancy needs re-advertising, applications require reviewing in certain instances e.g. successful applicant declines offer and pre-employment check data.

Data Protection and Privacy


(“Data Protection Legislation”) is defined as the Data Protection Act 2018 (DPA), the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to Processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

A1 Agency has an cooperation to the Health Care and HR Staff and Care Recording Systems called “Care Planner” and “Pass System” which is a payroll and human resources system used by A1 CARE and by a number of other organisations providing CARE services. The data you submit to A1 Agency may be transferred to these systems for the purposes of: establishing the human resources and payroll record; completing the recruitment process or parts of the process; or for reporting purposes such as equal opportunity monitoring. Alternatively your application may be downloaded and transferred to the A1 Care´s own systems such as google drive for record keeping. By continuing to submit your application you agree to a subset of you application information being returned to us for the purpose of gaining aggregated workforce insight. If you apply for a job on A1 Agency then A1 Care will have access to your application and any other material you submit in support of the application. Any attachments that accompany your application will be visible to a third party such as CQC and clinical commissioning groups. A1 Care will copy and hold some or all of this data locally in their own systems to facilitate their administration of the recruitment and employment exercise.

Availability


We shall not be liable if for any reason A1 Agency is unavailable at any time or for any period.
We reserve the right to restrict access to all or some parts of A1 Agency if, in our opinion, you have failed to comply with this Acceptable Use Policy.

Intellectual Property and Permitted Use



Work Experience Ltd are the owners or licensees of the intellectual property rights in A1 Agency and the material published there on. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print and download extracts from A1 Agency for personal non-commercial use on the following basis:
no documents or related graphics are modified in any way;
no graphics are used separately from accompanying text; and
no copyright and trade mark notices are removed.
 
And you agree not to:
use the A1 Agency for commercial purposes without obtaining our prior written agreement; or
copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any of the content on A1 Agency except as permitted above.
 

Third Party Content and Links


Where A1 Agency contains links to other sites and resources, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.

Our Liability


The material contained on A1 Agency is for information purposes only and does not constitute advice. You should carry out your own check, in respect of any information on A1 Agency and use your own judgement before taking any action on the basis of information provided. Unless expressly stated in writing, to us or required by law, we give no warranties of any kind in relation to the materials on this platform.
We are not liable for:
any action you may take as a result of relying on any information/materials provided on A1 Agency or for any loss or damage suffered by you as a result of you taking such action
any dealings you have with third parties (e.g. other users or advertisers) that take place
any liability for losses which are not a foreseeable or likely consequence of (i) your use of A1 Agency, or (ii) a breach by us of this Acceptable Use Policy.
 
We are not responsible if you experience difficulty accessing A1 Agency because of any event outside our control (e.g. the performance of your or our internet service provider, your browser or the internet). The A1 Agency service relies in part on software to work. Whilst we monitor A1 Agency and try to fix bugs promptly we do not guarantee that A1 Agency will be error free, available all the time, and/or free from viruses. Nothing in this Acceptable Use Policy affects any liability which we may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.

Validity of this Acceptable Use Policy


If any part or provision of this Acceptable Use Policy is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

Applicable Law and Jurisdiction


A1 Agency is governed in accordance with the law of United Kingdom and any claim brought by you arising from, or related to, use of A1 Agency shall be subject to the exclusive jurisdiction of the English courts.

Notification of Changes


If Work Experience decide to change this Acceptable Use Policy, you will be notified through your A1 Agency user account.