LINK TALENT DATA PROTECTION POLICY

Link Talent Ltd is fully committed to compliance with the requirements of the General Data Protection Regulation (GDPR) and all other data protection legislation currently in force. The Regulation applies to anyone processing personal data and sets out principles which should be followed and gives rights to those whose data is being processed.

To this end, the Company endorses fully and adheres to the Data Protection Principles listed below. When processing data we will ensure that it is:

·    processed lawfully, fairly and in a transparent way (‘lawfulness, fairness and transparency’)

·    processed no further than the legitimate purposes for which that data was collected (‘purpose limitation’)

·    limited to what is necessary in relation to the purpose (‘data minimisation’)

·    accurate and kept up to date (‘accuracy’)

·    kept in a form which permits identification of the data subject for no longer than is necessary (‘storage limitation’)

·    processed in a manner that ensures security of that personal data (‘integrity and confidentiality’)

·    processed by a controller who can demonstrate compliance with the principles (‘accountability’)

These rights must be observed at all times when processing or using personal information. Therefore, through appropriate management and strict application of criteria and controls, the Company will:

·    observe fully the conditions regarding having a lawful basis to process personal information

·    meet its legal obligations to specify the purposes for which information is used

·    collect and process appropriate information only to the extent that it is necessary to fulfil operational needs or to comply with any legal requirements

·    ensure the information held is accurate and up to date

·    ensure that the information is held for no longer than is necessary

·    ensure that the rights of people about whom information is held can be fully exercised under the GDPR (i.e. the right to be informed that processing is being undertaken, to access personal information on request; to prevent processing in certain circumstances, and to correct, rectify, block or erase information that is regarded as wrong information)

·    take appropriate technical and organisational security measures to safeguard personal information

·    ensure that personal information is not transferred outside the EU, to other countries or international organisations without an adequate level of protection

PERSONAL INFORMATION

For as long as is necessary after your involvement with Link Talent, the Company will need to process data about you.  The kind of data that the Company will process includes:

·    contact names and addresses

·    correspondence with the Company and other information that you have given the Company through applications, contracts, consent forms, medical information and feedback sheets.

Link Talent believes that those records used are consistent with the relationship between the Company and yourself and with the data protection principles.  The data the Company holds will be for management and administrative use only but the Company may, from time to time, need to disclose some data it holds about you to relevant third parties (e.g. where legally obliged to do so by HM Revenue & Customs, where requested to do so by yourself for the purpose of giving a reference or in relation to maintenance support and/or the hosting of data in relation to the provision of insurance).

In some cases the Company may hold sensitive data, which is defined by the legislation as special categories of personal data, about you. For example, this could be information about health, racial or ethnic origin, criminal convictions, trade union membership, or religious beliefs.  This information may be processed not only to meet the Company's legal responsibilities but, for example, for purposes of personnel management and administration, suitability for employment, and to comply with equal opportunity legislation.  Since this information is considered sensitive, the processing of which may cause concern or distress, you will be asked to give express consent for this information to be processed, unless the Company has a specific legal requirement to process such data.

ACCESS TO DATA

You may, within a period of  one month  of a written request, inspect and/or have a copy, subject to the requirements of the legislation, of information in your own personnel file and/or other specified personal data and, if necessary, require corrections should such records be faulty.  If you wish to do so you must make a written request to info@linktalent.co.ukThe Company is entitled to change the above provisions at any time at its discretion.

DATA SECURITY

We are responsible for ensuring that any personal data that we hold and/or process is stored securely.

We must ensure that personal information is not disclosed either orally or in writing, or via web pages, or by any other means, accidentally or otherwise, to any unauthorised third party.

Personal information should be kept in a locked filing cabinet, drawer, or safe. Electronic data should be coded, encrypted, or password protected both on a local hard drive and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.

When travelling with a device containing personal data, staff must ensure both the device and data is password protected.  The device should be kept secure and where possible it should be locked away out of sight i.e. in the boot of a car.  Staff should avoid travelling with hard copies of personal data where there is secure electronic storage available. When it is essential to travel with hard copies of personal data this should be kept securely in a bag and where possible locked away out of sight i.e. in the boot of a car.  

LINK Talent General Public Privacy Policy

Dated May 2018

Data protection compliance statement – LINK Talent

 This document demonstrates our commitment to protecting the privacy and security of your personal information. It contains information regarding how we collect and use personal data or personal information about you in accordance with the General Data Protection Regulation (GDPR) and all other data protection legislation currently in force. 

Pursuant to that legislation, when processing data we will;

·      process it fairly, lawfully and in a clear, transparent way

·      collect your data only for reasons that we find proper for the course of your study in ways that have been explained to you

·      only use it in the way that we have told you about

·      ensure it is correct and up to date

·      keep your data for only as long as we need it 

·      process it in a way that ensures it will not be lost or destroyed or used for anything thatyou are not aware of or have consented to (as appropriate) 

Link Talent have a team of “data controllers”. This means that we are responsible for determining the purpose and means of processing personal data relating to you.

“Personal data”, or “personal information”, means any information relating to an identified, or identifiable individual in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

There are “special categories” of sensitive personal data, meaning data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health conditions, sex life or sexual orientation, genetic data, and biometric datawhich require a higher level of protection.

This data protection compliance statement (privacy notice) applies to current and former customers.

DETAILS OF INFORMATION WE WILL HOLD ABOUT YOU  

The list below identifies the kind of data that we will hold about you:

·      personal contact details such as name, title, addresses, telephone numbers, and personal email addresses

·      date of birth

·      marital status

·      bank account details, payroll records and tax codes

·      copy of identification/ passport

·      information included on applications you may complete

·      information used for equal opportunities monitoring about your sexual orientation, religion or belief and ethnic origin 

·      medical or health information including whether or not you have a disability

·      CCTV footage and other information obtained through electronic means such as building entry card records

·      information about your use of our information and communications systems

·      References and personal details of referees

The following list identifies the kind of data that that we will process and which falls within the scope of “special categories” of more sensitive personal information

·      information relating to your race or ethnicity

·      information about your health, including any medical conditions and disabilities

·      information about criminal convictions and offences

METHOD OF COLLECTION OF PERSONAL INFORMATION

Your personal information is obtained through your contact with Link Talent, this may be in the form of email, paper copy or verbal. Further information will be collected directly from you when you complete forms at the start of your employment, course or booking, for example, your bank and next of kin details. Other details may be collected directly from you in the form of official documentation such as your driving licence, passport or other right to reside evidence. Data may be collected during the course of your engagement with us to enable its continued existence or development.

Personal data is kept in secure data files or within our HR and IT systems.

PROCESSING INFORMATION ABOUT YOU  

We will only administer personal information in accordance with the lawful bases for processing. At least one of the following will apply when we process personal data:

·      consent: You have given clear consent for us to process your personal data for a specific purpose.

·      contract: The processing is necessary for a contract we have with you, or because we have asked you to take specific steps before entering into a contract.

·      legal obligation: The processing is necessary for us to comply with the law (not including contractual obligations).

·      vital interests: the processing is necessary to protect someone’s life.

·      public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.

·      legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests. 

LAWFUL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION

We consider that the basis for which we will process the data contained in the list above (see section above -details of information we will hold about you) is necessary for the performance of the contract we have with you and to enable us to comply with our legal obligations. Occasionally, we may process personal information about you to pursue legitimate interests of our own or those of third parties, provided there is no good reason to protect your interests and your fundamental rights do not override those interests. 

The circumstances in which we will process your personal information are listed below. 

·      making decisions about who to offer opportunity to

·      responding to requests from third parties such as a reference request 

·      maintaining comprehensive up to date personnel records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in the event of an emergency are maintained

·      offering a method of recourse for you against decisions made about you via a grievance procedure

·      gaining expert medical opinion when making decisions about your fitness for work .

·      planning and restructuring exercises

·      dealing with legal claims made against us

·      preventing fraud

·      ensuring our administrative and IT systems are secure and robust against unauthorised access

·      Be able to contact you for late payments, unpaid invoices or debt collection

There may be more than one reason to validate the reason for processing your personal information.

LAWFUL BASIS FOR PROCESSING “SPECIAL CATEGORIES” OF SENSITIVE DATA

“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:

·      consent: You have given clear consent for us to process your personal data for a specific purpose.

·      contract: The processing is necessary for a contract we have with you, or because we have asked you to take specific steps before entering into a contract.

·      legal obligation: The processing is necessary for us to comply with the law (not including contractual obligations) and meets the obligations under our data protection policy.

·      vital interests: the processing is necessary to protect someone’s life.

·      public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law and meets the obligations under our data protection policy. (For example in the case of equal opportunities monitoring)

·      legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests (For example to assess your capacity towork on the grounds ofill health)

Occasionally, special categories of data may be processed where you are not capable of giving your consent, where you have already made the information public or in the course of legitimate business activities or legal obligations and in line with the appropriate safeguards.

Examples of the circumstances in which we will process special categories of your particularly sensitive personal information are listed below (this list is non-exhaustive): 

·      in order to protect your health and safety 

·      to determine if reasonable adjustments are needed or are in place

·      to administer benefits

·      In order to fulfill equal opportunity monitoring or reporting obligations

Where appropriate, we may seek your written authorization to process special categories of data. Upon such an occasion we will endeavor to provide full and clear reasons at that time in order for you to make an informed decision. In any situation where consent is sought, please be advised that you are under no contractual obligation to comply with a request. Should you decline to consent you will not suffer a detriment.

INFORMATION ABOUT CRIMINAL CONVICTIONS  

Information regarding criminal convictions may be processed in accordance with our legal obligations. Occasionally we may process such information to protect yours, or someone else’s interests and you are not able to give your consent or we may process such information in cases where you have already made the information public. Such information may be sought as part of the recruitment process or in the course of your study with us.

We anticipate that we will process information about criminal convictions for DBS and safeguarding purposes.

AUTOMATED DECISION-MAKING

We do not anticipate that any of our decisions will occur without human involvement. Should we use any form of automated decision making we will advise you of any change in writing.

SHARING DATA  

Your data will be shared with colleagues within the Company where it is necessary for them to undertake their duties. This includes, for example, your course leaders and tutors for their management of you, the Student records and Admissions departments for maintaining personnel records and the finance department for administering payment under your contract.

It may be necessary for us to share your personal data with a third party or third party service provider (including, but not limited to, contractors, agents or other associated/group companies) within, or outside of, the European Union (EU). Data sharing may arise due to a legal obligation, as part of the performance of a contract or in situations where there is another legitimate interest (including a legitimate interest of a third party) to do so. 

The list below identifies which activities are carried out by third parties on our behalf:

·      IT services

·      legal advisors

·      security

·      insurance providers

·      Disclosure and Barring Service

·      Recruitment agencies

·      Debt Collection Agencies

Data may be shared with 3rdparties in the following circumstances:

·      in the process of regular reporting activities regarding our performance, 

·      with regards to a business or group reorganisation, sale or restructure,

·      in relation to the maintenance support and/or hosting of data 

·      to adhere with a legal obligation

·      in the process of obtaining advice and help in order to adhere with legal obligations

·      To chase late payments or unpaid invoices

·      Agencies such as the Health and Safety Inspectorate, HM Revenue Service, Police or Government agency.

If data is shared, we expect third parties to adhere and comply with the GDPR and protect any data of yours that they process. We do not permit any third parties to process personal data for their own reasons. Where they process your data it is for a specific purpose according to our instructions.

We do not anticipate that we will transfer data to other countries.

DATA SECURITY  

As part of our commitment to protecting the security of any data we process, we have put the following measures in place

  • Secure drives on our computer network
  • Restrictions on who can access the data and why
  • Encrypted password access to HR data

If you would like further details please contact Craig Philips.

In addition, we have put further security measures in place to avoid data from being accessed, damaged, interfered with, lost, damaged, stolen or compromised. In cases of a breach, or suspected breach, of data security you will be informed, as will any appropriate regulator, in accordance with our legal obligations.

Any data that is shared with third parties is restricted to those who have a business need, in accordance with our guidance and in accordance with the duty of confidentiality.

DATA RETENTION  

We anticipate that we will retain your data as part of the recruitment process for no longer than is necessary for the purpose for which it was collected.

We have given consideration to the following in order to decide the appropriate retention period:

·      quantity

·      nature

·      sensitivity

·      risk of harm

·      purposefor processing

·      legal obligations

At the end of the retention period, upon conclusion of any contract we may have with you, or until we are no longer legally required to retain it, it will be reviewed and deleted, unless there is some special reason for keeping it. Occasionally, we may continue to use data without further notice to you. This will only be the case where any such data is anonymized and you cannot be identified as being associated with that data.

YOUR RIGHTS IN RELATION TO YOUR DATA  

We commit to ensure that any data we process is correct and up to date. It is your obligation to make us aware of any changes to your personal information.

In some situations, you may have the;

  • Right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice.
  • Right to request access. You have the right to access the data that we hold on you. To do so, you should make a subject access request
  • Right to request correction. If any data that we hold about you is incomplete or inaccurate, you are able to require us to correct it.
  • Right to request erasure. If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it.
  • Right to object to the inclusion of any information.In situations where we are relying on a legitimate interest (or those of a third party) you have the right to object to the way we use your data where we are using it. 
  • Right to request the restriction of processing. You have the right to ask us to stop the processing of dataof your personal information. We will stop processing the data (whilst still holding it) until we have ensured that the data is correct. 
  • Right to portability. You may transfer the data that we hold on you for your own purposes.
  • Right to request the transfer. Youhave the right to request the transferof your personal information to another party.

Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.

If you wish to exercise any of the rights explained above, please contact Karen Farrell or Federico Angelini.

Consequences of your failure to provide personal information

If you neglect to provide certain information when requested, it may affect our ability to enter into or continue with an employment contract with you, and it may prevent us from complying with our legal obligations.

Change of purpose for processing data

We commit to only process your personal information for the purposes for which it was collected, except where we reasonably consider that the reason for processing changes to another reason and that reason is consistent with the original basis for processing. Should we need to process personal information for another reason, we will inform you of this and advise you of the lawful basis upon which we will process.

Important note: We may process your personal information without your knowledge or consent, in compliance with the above rules (see above section - lawful basis for processing your personal information). 

In the event that you enter into a contract with us, any information already collected may be processed further in accordance with our data protection policy, a copy of which will be provided to you on request. 

Image capture

Link Talent sometimes produces a range of published materials and online information. We often take photographic/video images of subjects in order to enhance and illustrate our materials and make them more motivating and inspiring to our audiences.

For children under 16 years of age, full parental/guardian consent is required and Link Talent has an Image Consent Form which should be completed. This isavailable from alex@linktalent.co.uk

For children between 12 and 16 years of age, who have a sufficient understanding of the consent process and its implications for them, the child should be involved in completing the form and their consent should be sought. The child may also sign the form.

As it is mandatory for Link Talent to obtain permission prior to each photographic/video session, it is necessary for each child to have a copy of this form signed by the parent/guardian prior to the relevant photographic/video session.

Link Talent acknowledges its responsibilities in capturing images by photography or other means under the provisions of the following legislation;

The Children and Young Persons Act 1963: Link Talent undertakes to seek a licence where necessary from the appropriate local authority for any performance activity in which children are taking part and which may be recorded with a view to being broadcast, published or shown to the public.

The Protection of Children Act 1978: Link Talent recognises that it is a criminal offence to take, permit to be taken, distribute, have in one's possession or publish indecent photographs (including films and other imagery) of children.

The Human Rights Act 1998: Link Talent recognises an individual's rights to privacy as protected by this Act.

The Data Protection Act 1998 and General Data protection Regulations 2018: 

Link Talent undertakes to inform all those whose images may be recorded (or their parents/guardians if under 18 years of age) of the purposes for which the images may be used by Link Talent.

In this context Link Talent informs all persons taking part in activities that they may be photographed, filmed, videoed or otherwise captured in image form. Where possible and practical to do so, Link Talent seeks written consent to image capture. Where this is not possible for practical reasons, unless express objections are received, individuals attending an event at Link Talent are deemed to have given their consent by attending or remaining at the event. Any queries or complaints should be raised with the event host in the first instance.

Changes to this Privacy Policy

Link Talent may from time to time change this Privacy Policy or change, modify or withdraw access to this Site at any time with or without notice. However if this Privacy Policy is changed in a material, adverse way, Link Talent will post a notice advising of such change at the beginning of this policy. We recommend that you revisit this Privacy Policy from time to time to learn of any such changes to this Privacy Policy.

QUESTIONS OR COMPLAINTS

The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO