Data Processing Notice Candidate

 
Who is Investigo Limited and what do we do?

Investigo Limited and its associated companies and subsidiaries, trading as The IN Group, (TIG’), is a leading global recruitment agency with experience across multiple specialisms. TIG provides permanent, temporary, consultancy and interim recruitment services to clients seeking to recruit professional staff across a range of specialist areas. TIG recruits and employs its own teams of professional recruitment consultants to provide its recruitment services as well as other professional and administrative staff to support, advise and structure such services. We operate under several specialist brands: Investigo, Biotalent, Definia and InX.

Our legal entities are listed below:

We are a data controller as we determine the purposes and means of processing your personal data.

In the United Kingdom, Investigo Limited is registered with the Information Commissioner’s Office. Investigo Limited is registered under certificate number Z8867460.

Does this Data Processing Notice apply to you?

This Data Processing Notice applies to you if you are a representative of any of our (prospective) clients or suppliers. It also relates to you if you have provided a reference for one of our candidates.

What legislation applies?

We have issued this Data Processing Notice in accordance with the General Data Protection Regulation (EU) 2016/679 (‘GDPR’) and any associated legislation e.g. the Data Protection Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019. In this Data Processing Notice, any references to GDPR also relate to associated legislation. The relevant legislation may be updated from time to time.

What does this Data Processing Notice cover?

TIG is committed to respecting your right to privacy. As such, this Data Processing Notice covers the following topics:

1. What are the types of personal data that we collect about you?

2. How do we collect and use your personal data?

3. How long do we keep your personal data for?

4. Why do we process your personal data?

5. Will we use your personal data for automated processing?

6. What legal bases do we have for processing your personal data?

7. Will you be receiving marketing emails, and can you opt out of these?

8. Do we transfer your personal data outside the EEA?

9. What are your rights?

10. Is your personal data safely secured?

11. What do you need to do if you want to file a complaint?

12. What happens if we make changes to this Data Processing Notice?

1. What are the types of personal data that we collect about you?

In order to provide recruitment services to our clients and business representatives we usually process the following data about you:

• Full name

• Job title

• LinkedIn profile

• Email addresses

• (Mobile) telephone number

• Company details (location, department)

2. How do we collect and use your personal data?

The following include the different sources from which we may collect your Personal Data:

Directly from you.

For example:

• the information you provide after us if we contacted you/ your organisation

• the information provided to us during the different stages of the recruitment process.

From an agent/third party acting on your behalf.

For example:

• our candidate

Through (publicly) available sources.

For example:

• LinkedIn

• Cognism

• Job Boards

• CV databases

• your organisation’s website

By reference or word of mouth.

For example:

• you may be recommended by a friend, a former employer, a former colleague or even a present employer.

If you want to know how we acquired your details, please speak to your recruitment consultant or email GDPR@investigo.co.uk

3. How long do we keep your personal data for?

We hold your data on file for as long as the business relationship endures, and your details remain relevant to that business relationship. We would keep your personal data for a maximum of 2 years after our last contact with you. If no meaningful contact has been made with you for a 2-year period, we will delete your data from our systems unless we are under a legal obligation to keep your data for a longer period of time.

Examples of “meaningful contact” includes (but is not necessarily limited to):

• When we obtain your details via a third-party company (such as a CV database), meaningful contact is defined as any verbal or written communication between us and yourself;

• If there is two-way communication via verbal or written communication or through any of our marketing communications, we will also consider this to be meaningful contact.

As outlined above, please note that there can be other legal reasons that can restrict us from deleting your personal data. See two (non-exhaustive) examples below:

• TIG has entered into a transaction with your business and therefore needs to keep records on file in accordance with the relevant statutory notice period.

• Also, under the Conduct of Employment Agencies and Employment Businesses Regulations 2003, we must retain evidence of an introduction or supply for at least one year from the last activity e.g. interview, introduction or engagement.

We may also be under a duty to disclose, share or retain your personal data in order to comply with any legal obligation, to defend our business against a legal claim, to enforce or apply our standard terms of business or other agreements or to protect the rights, property or safety of TIG, our customers or other parties.

4. Why do we process your personal data?

We retain records of our dealings and transactions with you and where applicable, we use such records for the purposes of:

• establishing compliance with contractual or legal obligations;

• business development;

• addressing any query or dispute that may arise (including establishing, exercising or defending any legal claims);

• protecting our reputation;

• maintaining a backup of our systems, with the purpose of being able to restore them to a particular point in the event of a system failure or security breach;

• evaluating quality and compliance (including compliance with this Privacy Notice);

• providing you with networking opportunities, market insights and industry information.

5. Will we use your personal data for automated processing?

We will not conduct any forms of automated processing of your personal data consisting of the use of personal data to evaluate certain personal aspects relating to you.

We will not analyse or predict aspects concerning your performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Furthermore, we will not make decisions that are based solely on automated processing.

6. What legal bases do we have for processing your personal data?

If we process your personal data, we mostly rely on the following legal bases:

The legal basis on which we usually rely for processing your information will be our legitimate interests. We have carried out a Legitimate Interest Assessment which is available upon request. As part of this Legitimate Interest Assessment (‘LIA’), a “balancing test” is carried out to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. We maintain a record of these balancing tests and may request a copy of the LIA by contacting GDPR@investigo.co.uk.

7. Will you be receiving marketing emails, and can you opt out of these?

If you are a representative working for one of our new clients, we would ask for your consent if we were intending to send you Marketing related emails.

If you are a representative who works for one of our existing clients, then we may market relevant products and services to you unless you inform us of your wish to opt out (which you are entitled to do at any stage).

8. Do we transfer your personal data outside the EEA?

As our servers are based in the United Kingdom, your personal data is shared, stored and processed outside the European Economic Area (EEA).

We will only transfer your data outside of the UK and the EEA to countries which both the UK and the European Commission believe offer an adequate level of protection to you or where appropriate safeguards have been put in place to preserve the privacy of your data.

If you need to see a copy of the relevant Standard Contractual Clauses signed by our UK and US office, please contact GDPR@investigo.co.uk.

9. What are your rights?

By law, you have a number of rights when it comes to your Personal Data. These rights can be summarised as follows: right to be informed, right of access, right to rectification, right to erasure/to be forgotten, right to restrict processing, right to data portability, right to object and rights in relation to automated decision making and profiling. For more information see below. Further information and advice about your rights can be obtained from the Information Commissioner’s Office. https://ico.org.uk/.

What rights do you have in relation to the data we hold on you?

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We will respond any request within 1 month (this can be extended to 2 months in exceptional circumstances). However, where requests are manifestly unfounded or excessive in particular because of its repetitive character, we may refuse to act upon your request. If this happens then we will inform you within one month of about the possibility of lodging a complaint with a supervisory authority (in the UK this will be the ICO: www.ICO.org.uk) or seeking a judicial remedy.

Submitting a deletion request does not necessarily mean that we will grant your request in every instance especially if we have good reasons to retain your personal data. We will always give reasons if we decline your request.

We will remove your data from our systems, following a request to do so, if there is no overriding legal justification for us to retain your personal data. If we delete it, we may add you to a suppression list to minimise the chances of you being contacted in the future in the event your data is collected again in unconnected circumstances. If you would like to be added to the suppression list, please inform us by emailing: gdpr@investigo.co.uk.

10. Is your personal data safely secured?

We take all reasonable steps to ensure that your personal data is adequately secured. We’re delighted to have been awarded ISO 27001 certification for the quality of our information security, following an independent audit by certification body QMS International.

ISO 27001 is an international standard laying out the specifications for implementing an information security management system. Certification demonstrates that our organisation has invested in the people, processes, and technology to protect our data and provides an independent, expert assessment of whether our data is sufficiently protected. We use market suppliers such as Bullhorn, Microsoft market, Broadbean, Cube 19 and ETZ all of which are leading and up-to-date technologies.

11. What do you need to do if you want to file a complaint?

If you are unhappy about any aspect of the way in which your Personal Data is processed by us, in the first instance please contact us at GDPR@investigo.co.uk. This does not affect your right to make a complaint to the Information Commissioner’s Office at https://ico.org.uk.

12. What happens if we make changes to this Data Processing Notice?

It is important to note that we may amend this Data Processing Notice from time to time. Please visit this page if you want to stay up to date as we will post any changes here.

Last updated: April 2024

Investigo Australia PTY Ltd and its affiliates (Investigo) respects the privacy of individuals with regard to Personal Data and is committed to ensuring that your Personal Data is handled responsibly.

The following Privacy Notice outlines what information constitutes “Personal Data” and how we collect, store, use and disclose such data.

A. INFORMATION COLLECTED

1. Your "Personal Data" consists of any information we collect that identifies you, or from which you are reasonably identifiable, and includes:

1. information collected when you register or update your information with us, which may include Personal Data such as your photograph, name and contact details, employment history, identity and right to work information

2. performance feedback collected and recorded from the practice of reference checking, and

3. all personal information normally required to be transferred between an employee and an employer in the context of an employment relationship, including but not limited to: tax file numbers, banking details, salary and wage information, criminal history checks and any other information that might be relevant to a worker’s engagement;

4. the contents of all documents submitted to us; and

5. any messages or comments you submit to us in whatever manner, which may include Personal Data such as name, email address and telephone number.

B. HOW WE COLLECT PERSONAL INFORMATION

1. We obtain most of the personal information we collect about candidates or contractors directly from the individual, generally in the form of a CV submitted to Investigo by the individual for a potential job opportunity.

2. We may also seek personal information from the referees they provide or from other persons who are known to them as part of the recruitment process.

3. Sometimes, we may ask to collect particular personal information about a candidate or contractor from third parties other than referees. Unless we have already done so, when or before we collect such information, we will take reasonable steps to inform you of:

• the purposes for which the information is collected

• where applicable, any law requiring the information to be collected

• the main consequences if all or part of the information is not provided.

C. PURPOSE FOR COLLECTING AND HOLDING PERSONAL DATA

1. By providing any of your Personal Data to Investigo, you hereby agree that Investigo shall collect, retain and use the Personal Data for the following purposes:

1. to determine your suitability for a position with our clients or for within Investigo and, if applicable, your terms of employment or engagement; and/or

2. disclosed to third parties to verify or obtain additional information including education institutions, current/previous employers and credit reference agencies; and/or

3. providing you with services or benefits under any of Investigo's businesses; and/or

4. where relevant, marketing of services and sending any updates or market intelligence to you; and/or

5. performing statistical analysis for various objectives in Investigo; and/or

6. purposes connected with the operation, administration, development or enhancement of Investigo’s business including to support and/or assist in any of Investigo’s businesses (for example, providing information on you and on your working experience to fulfil information as required for the submission of tenders for projects or for fulfilling regulatory requirements); and/or

7. where required by law, where Investigo considers that such use or disclosure is necessary to respond to any claims or legal process, or where Investigo suspects that fraud or unlawful activity has been, is being or may be engaged in; and/or

8. where a third party acquires or wishes to acquire, or makes inquiries in relation to acquiring, an interest in Investigo; and/or

9. where a third party requires in order for such third party to perform functions or services as required by Investigo (for example, to insurance companies who are arranging for Investigo’s term life policy and to banks who are arranging for salary remittances); and/or

10. where a third party requires in order for such third party to perform functions or obligations as required under the laws, rules, regulations, by laws and/or guidelines (whether or not having the force of law) or as required by any governmental and/or non-governmental authorities, agencies or departments (for example, to external auditors who are auditing Investigo’s human resource processes); and/or

11. making such disclosures as may be required for any of the above purposes or by law.

D. HOW WE USE AND DISCLOSE YOUR PERSONAL DATA

1. Where candidates have indicated to us that they wish to be put forward for employment positions generally or within certain parameters, their consent will be taken as given.

2. At other times, we will ask candidates and contractors to consent to a disclosure or use of their personal information to clients. We may do so in writing, over the phone, or on our website.

3. We may use or disclose personal information without consent where:

• it is for a reasonably expected purpose related to the purposes for collecting the information in accordance with this Privacy Notice;

• we reasonably believe it is necessary to assist an enforcement body to perform its functions;

• we suspect that an unlawful activity has been, is being, or may be engaged in and the personal information is a necessary part of our investigation or reporting of the matter

• we reasonably believe it is necessary to prevent a threat to life, health or safety

• we are authorised or required by law to do so (e.g. where the information is required by bodies regulating us or in response to subpoenas or warrants)

• we have contracted an external organisation to provide support services and that organisation has agreed to conform to our privacy standards.

4. We do not disclose the personal information of candidates or contractors to others, except where it is:

• to a company related to us;

• to organisations which provide services (such as psychometric testing) to us;

• with the consent of the candidate or contractor or such consent may be presumed (as defined above);

• necessary to do so in order to advance the interests of a candidate with a client;

• required by law

5. You agree that Investigo may disclose and transfer such information (whether in your country or abroad) amongst any of its affiliates and/or to third parties including but not limited to any of Investigo’s clients to whom you are/will be introduced to, Investigo's agents, consultants, solicitors, auditors, employees, contractors, suppliers, partners, advertisers, network operators, associated companies, any relevant authorities, embassies, statutory bodies, regulatory bodies, organisations or any relevant financial institutions, any other persons under a duty of confidentiality to Investigo, any referee whose details are provided by you, proposed assignees or transferees of any of rights of the companies within Investigo, service providers for Investigo’s operational, administration and development requirements and to organizations who provide archival, auditing, professional advisory, debt collection, insurance, banking, marketing, advertising, mail house, delivery, recruitment, call centre, technology, research, utility and security services to use, disclose, hold, process, retain or transfer such Personal Data for the purposes of (C) above for and on behalf of Investigo.
6. You hereby confirm that you have duly obtained the consent of your referee(s) for the use and disclosure of your referee(s)’ Personal Data to Investigo and that Investigo may use your referee(s)’ Personal Data in accordance with this Privacy Notice.

E. IMPACT OF NON-PROVISION OF PERSONAL DATA

1. Please note that in the event that sufficient Personal Data is not supplied, or is not satisfactory to Investigo and its clients then your application or request to Investigo for any of the above purposes as set out in (C) above may not be accepted or acted upon and Investigo will not be able to provide the full range of benefits and/or services it offers.

F. STORAGE AND RETENTION OF PERSONAL DATA

1. Your Personal Data shall be stored either in hard copies in Investigo’s offices or stored in servers located in or outside your country and operated by Investigo or its service providers in or outside your country.

2. Any Personal Data supplied by you will be retained by Investigo as long as necessary for the fulfilment of the purposes stated in (C) above or is required to satisfy legal regulatory, accounting requirements or to protect Investigo's interests.

G. CONFIDENTIALITY

1. Personal Data held by Investigo will be kept confidential in accordance with this Privacy Notice and any applicable laws that may from time to time be in force.

2. Any questions, comments, suggestions or information other than Personal Data submitted to us in whatever manner will be deemed voluntarily provided to Investigo on a non-confidential and non-proprietary basis.

H. SAFETY OF PERSONAL DATA

1. Investigo takes all reasonable steps to ensure that your personal data is adequately secured.

I. TRANSFER OF PERSONAL DATA

1. Due to the global nature of Investigo's business, Investigo may transfer your Personal Data to its affiliates (which may be located in other countries) or to any parties located in other countries (including countries that have a different data protection regime than is found in the country where you are based). Any Personal Data transferred shall be used for the purposes as set out in (C) above and disclosed to parties stated in (D) above.

J. RIGHT OF ACCESS TO PERSONAL DATA

1. Subject to some exceptions that are set out in the Australian Privacy Principles a candidate or contractor who requests access to the personal information we hold about them can obtain it by making an application for access in writing to the following email account dataprotection@investigo.com.au.

2. If the granting of access results in the identification of information that is not accurate, complete or up to date, we will work with the individual in taking all reasonable steps to ensure the information is corrected. For all other queries relating to the Investigo Privacy Notice or the collection and storage of personal information, please write to the following email account dataprotection@investigo.com.au. We will endeavour to respond to any requests or queries as quickly as possible and in line with the relevant Australian Privacy Principles.

3. If you have any questions regarding this Privacy Notice or if you wish to; request access to your Personal Data, correct your Personal Data or withdraw your consent from Investigo for the processing of your Personal Data for the purposes set out in (C) above or from the transfer of your Personal Data to the parties stated in (D) above, you may send your request in writing at the following address:

Investigo Australia PTY Ltd

C/o - Brain Partners Suite 3.09 12 Century CCT, Norwest, NSW 2153

Attention: The Data Protection Representative: dataprotection@investigo.com.au

K. CHANGES TO PRIVACY NOTICE

1. Investigo reserves the right to amend this Privacy Notice from time to time without prior notice. Investigo advises that you check this Privacy Notice on a regular basis.