Endorse Medical Limited (“Endorse”) is committed to being transparent about how it collects and uses personal data to meet its data protection obligations. This policy sets out that commitment and also details individual rights and obligations in relation to personal data.
This policy applies to:
- the personal data of all client contacts;
- the personal data of all job seekers; and
- the personal data of all employees.
All organisations that process personal data are required to comply with the data protection law, which provides individuals (known as “data subjects”) with certain rights over their personal data, whilst imposing certain obligations on the organisations that process their data. Please note that for the purposes of this policy, data subjects may be referred to as “individuals” “you” and “your”.
Endorse collects and processes both personal data and sensitive personal data. It is required to keep this data for varying periods depending on the nature of the data and any relevant governing legislation.
Endorse provides training to all of its employees regarding their data protection responsibilities as part of their employee induction process and on an annual basis thereafter.
Individual employees whose roles require regular access to personal data, or who are responsible for implementing this policy or responding to subject access requests under this policy, will receive additional training to help them understand their duties and how to comply with them.
Definitions
In this policy, the following terms have the following meanings:
consent means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
data controller means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;
data processor means an individual or organisation which processes personal data on behalf of the data controller;
data protection law means the General Data Protection Regulation 2016/679 (“GDPR”) or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union; the Regulation of Investigatory Powers Act 2000; the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699); the Electronic Communications Data Protection Directive (2002/58/EC); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003); and all applicable laws and regulations which may be in force from time to time relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction;
personal data means any information relating to a living individual who can be identified by that information, such as a name, an identification number, an online identifier or one or more factors specific to that individual;
processing means any operation or set of operations performed on personal data such as collection, recording, organisation, structuring, storage (including archiving) adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict that individual’s performance at work, economic situation, health, personal preferences, interests, habits, behaviour, location or movements;
pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable individual;
sensitive personal data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation, or an individual’s criminal convictions;
supervisory authority means an independent public authority which is responsible for monitoring and regulating data protection issues. In the UK the supervisory authority is the Information Commissioners Office (ICO).
Endorse processes personal data in relation to its individual client contacts, job seekers and its own employees. Endorse retains personal data for the following purposes:
- administration and processing of clients’ personal data to enable clients to use Endorse’s services;
- employee administration;
- advertising, marketing and public relations;
- accounts and financial records;
- administration and processing of job seekers’ personal data to enable job seekers to procure recruitment services.
1 – Data protection principles
The data protection law requires Endorse, acting as either data controller or data processor, to manage personal data in accordance with established data protection principles. These require that personal data is:
- processed lawfully, fairly and in a transparent manner;
- collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- adequate, relevant and limited to what is necessary for the purposes for which it is processed;
- accurate and kept up to date. Every reasonable step much be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay;
- kept no longer than is necessary for the purposes for which the personal data is processed; and
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
2 – Legal bases for processing
Endorse will only process personal data if it has one or more of the following lawful reasons for doing so:
- consent: the individual has given clear and unambiguous consent for Endorse to process their personal data for a specific purpose;
- contract: the processing is necessary for the performance of a contract that Endorse has entered into with the individual, or because the individual has asked Endorse to take specific steps before entering into such a contract;
- legal obligation: the processing is necessary for Endorse to comply with the law (not including contractual obligations);
- legitimate interests: the processing is necessary for Endorse’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests;
- vital interests: the processing is necessary to protect someone’s life; or
- public task: the processing is necessary for Endorse to perform a task in the public interest or for its official functions and the task or function has a clear basis in law.
Where Endorse does not have a lawful reason for processing personal data, any such processing will be a breach of the data protection law.
Endorse will review the personal data that it holds on a regular basis to ensure that it is being lawfully processed and that it is accurate, relevant and up to date.
Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, clients, persons making an enquiry or complaint or any other third party), Endorse will establish that is has a lawful basis for making the transfer.
Clients and job seekers will receive marketing messages from Endorse if you have given your consent, if you have requested or if you purchased services from Endorse and if you have not opted out of receiving marketing messages. Each time you receive an email of this type, you will be able to tell Endorse if you no longer wish to receive them by clicking on the unsubscribe link that you will find at the bottom of each communication you receive from Endorse. Please note that Endorse may continue to send you service communications, such as service and administrative messages about your account. It is not possible to unsubscribe from these service communications.
Endorse collects information via cookies and other similar technologies (such as web beacons). Cookies are small text files that are automatically placed on your computer or mobile device when you visit a website. They are stored by your internet browser. Cookies contain basic information about your use of the internet. Your browser sends these cookies back to Endorse’s website every time you visit it, so it can recognise your computer or mobile device and personalise and enhance your browsing experience. You can find out more information about cookies in general, including how to see what cookies are installed on your computer or mobile device and how to manage and delete them at websites such as www.allaboutcookies.org.
Personal data gathered from job seekers and client contacts is held in electronic format within a secure CRM system.
Personal data gathered during the employment relationship is held in the individual’s personnel file in electronic format and/or on Endorse’s secure HR systems.
3 – Privacy by design and by default
Endorse has implemented measures and procedures that adequately protect the privacy of individuals and ensure that data protection is integral to all processing activities. This includes implementing measures such as:
- data minimisation (i.e. not keeping data for longer than necessary);
- pseudonymisation; and
- anonymization.
Individual rights
Endorse shall provide any information relevant to the processing of an individual’s personal data in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. Endorse may provide this information orally if requested to do so by the individual.
Subject Access Requests
An individual is entitled to access their personal data on request.
If an individual makes a subject access request, Endorse will tell them:
- whether or not his/her data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
- to whom his/her data is or may be disclosed, including to recipients located outside the European Economic Area (EEA) and the safeguards that apply to such transfers;
- for how long his/her personal data is stored (or how that period is determined);
- his/her rights to rectification or erasure of data, or to restrict or object to processing; and
- his/her right to complain to the supervisory authority if he/she thinks Endorse has failed to comply with his/her data protection rights.
Endorse will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically unless he/she requests otherwise.
To make a subject access request, the individual should send the request to [email protected]. In some cases, Endorse may need to ask for proof of identification before the request can be processed. Endorse will inform the individual if it needs to verify their identity and the identification documents it requires.
Endorse will normally respond to a request within a period of one month from the date it is received. In some cases, such as where Endorse processes large amounts of the individual’s personal data, it may respond within three months of the date the request is received. Endorse will write to the individual within one month of receiving the original request to tell him/her of the expected time frames.
If a subject access request is manifestly unfounded or excessive, Endorse is not obliged to comply with it. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which Endorse has already responded. If an individual submits a request that is unfounded or excessive, Endorse will notify him/her that this is the case and whether or not it will respond to it.
Rectification
An individual has the right to ask Endorse to rectify any inaccurate or incomplete personal data concerning that individual.
Should an individual wish to have their data rectified they should submit their request to [email protected].
Erasure
An individual has the right to ask Endorse to erase that individual’s personal data.
If Endorse receives a request to erase, it will ask the individual if he/she wants their personal data to be removed entirely or whether he/she is happy for his or her details to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise).
Restriction of processing
An individual has the right to ask Endorse to restrict its processing of that individual’s personal data where:
- the individual challenges the accuracy of the personal data;
- the processing is unlawful and the individual opposes its erasure;
- Endorse no longer needs the personal data for the purposes of the processing, but the personal data is required for the establishment, exercise of defence of legal claims; or
- the individual has objected to processing (on the grounds of public interest or legitimate interest), but verification is pending as to whether the legitimate grounds of Endorse override those of the individual.
Data Portability
An individual has the right to receive personal data concerning him/her, which he or she has provided to Endorse, in a structured, commonly used and machine-readable format and also has the right to transmit that data to another data controller in circumstances where:
- the processing is based on the individual’s consent or the performance of a contract; and
- the processing is carried out by automated means.
Where it is feasible for Endorse to do so, Endorse will transmit the personal data to the third party designated by the individual, at the individual’s request.
Objection to processing
An Individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. An individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest.
An individual has the right to object to their personal data being used for direct marketing.
Endorse shall cease processing the individual’s personal data unless it has compelling legitimate grounds to process the personal data which override the individual’s interests, rights and freedoms, or the processing is necessary for the establishment, exercise or defence of legal claims.
Complaints
If you have any concerns about how we collect or process your personal data then you have the right to lodge a complaint with the ICO, although we would ask that you contact us first at [email protected] so that we may attempt to resolve the matter with you. Complaints can be submitted to the ICO through the ICO helpline by calling 0303 123 1113. Further information about reporting concerns to the ICO is available at https://ico.org.uk/concerns/.
