PRIVACY PAGE

May 2021 – Version 1.0

This Privacy Notice may be updated from time to time, and you can check Bigwig Search privacy page regularly so that you can read the most up-to-date version. 

Introduction

Bigwig Search  (“Bigwig Search ”) acts as both a recruitment agency and recruitment business as defined under The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“Conduct Regs”). 

We are committed to protecting the privacy and security of your personal information. We have therefore developed this Privacy Policy to inform you of the data we collect, what we do with your information, what we do to keep it secure, as well as the rights and choices you have over your personal information. Throughout this document we refer to Data Protection Legislation which means the Data Protection Act 2018, GDPR (United Kingdom General Data Protection Regulation) (UK GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation implemented in connection with the aforementioned legislation. Where data is processed by a controller or processor established in the European Union or comprises the data of people in the European Union, it also includes the EU General Data Protection Regulation (EU GDPR). This includes any replacement legislation coming into effect from time to time. This policy should be read together with our cookie policy that can be found on our website.

1. Information about us

Our Data Protection Officer is Hannah Davies. You can contact her at hannah@bigwigsearch.com

or via our registered address:

Bigwig Search

C/O IT Ideas GB Limited,

Pure Offices,

Broadwell Road,

Oldbury,

West Midlands

B69 4BY.

Company number: 06966649

2. What does this Privacy Policy cover?

This Privacy Policy sets out what Bigwig Search does with your personal data, whether you are a:

(1) Candidate,
(2) Prospective Candidate,
(3) Person with whom we contact to provide us with assistance in relation to one of our Candidates (e.g. referees and emergency contacts),
(4) Client,
(5) Supplier,
(7) Permanent Worker, or 
(8) You are visiting our Website   

This Privacy Policy is divided into a short-form quick reference section, and a long-form more detailed section on the website. It describes how we collect, use and process your personal data, and how we comply with our legal obligations and regulatory requirements.

This Privacy Policy was last updated June 2021 We keep our Privacy Policy under regular review and we encourage you to periodically review this page for the latest information on our privacy practices. 

3. What is Personal Data?

Personal data is defined by the UK GDPR and EU GDPR as ‘any information relating to an identifiable person who can be directly or indirectly identified, in particular by reference to an identifier’.

In simpler terms, personal data is any information about you that enables you to be identified (either on its own or when combined with other data we may hold on you). Personal data covers obvious information such as your name and contact details, but it also covers information such as identification numbers, electronic location data, and other online identifiers.

4. Our Legal Bases for processing your data

Depending on the type of personal data in question and the grounds on which we are processing it, should you decline to provide us with such data or ask us to stop processing it, we may not be able to fulfil our contractual requirements or, in extreme cases, may not be able to continue with our relationship or may have to bring that relationship to a close (i.e. because we cannot continue it without personal data about you).

Legitimate Interest

In the course of providing work-finding services to our clients and work-seekers, where Bigwig Search acts as a Data Controller, it will be necessary, and in our legitimate interest to process personal data, as defined under article 6(1)(f) UK GDPR and EU GDPR.

Establishing, Exercising or Defending Legal claims

Sometimes it will be necessary for us to process personal data and, where appropriate and in accordance with our legal obligations and regulatory requirements, sensitive personal data in connection with exercising or defending legal claims.

Article 9(2)(f) of the UK GDPR and EU GDPR allows this where the processing “is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity“.

This will arise for example where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.

Electronic marketing

In addition to the UK GDPR and EU GDPR requirement for a lawful basis, where we send unsolicited electronic marketing to you, we may also require either an opt-in consent or opt-out consent under the Privacy and Electronic Communication Regulations 2003 (“PECR”). That means we are permitted to market products or services to you which are related to the recruitment services we provide to you as long as you do not actively opt-out from these communications.

Consent

In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent under article 6 (1) (a) (UK GDPR and EU GDPR), or soft opt-in consent (PECR).

Article 4(11) of the UK GDPR and EU GDPR states that (opt-in) consent is “any freely given, specific, informed and unambiguous indication of the data subject’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“. In plain language, this means that:

– you have to be in a position to give us your consent freely, without us putting you under any type of pressure to give or refuse that consent;

– you have to know what you are consenting to – so we will make sure we give you enough information;

– where consent is required, you should have control over which processing activities you consent to and which you don’t; and

– you need to take positive and affirmative action in giving us your consent – we are likely to provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion. We will keep records of the consents that you have given in this way.

You have the right to withdraw your consent to these activities. You can do so at any time by contacting hannah@bigwigsearch.com

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5. What Are My Rights?

One of the UK GDPR and EU GDPR main objectives is to protect and clarify the rights of EU and UK citizens and individuals in the EU and UK with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below.

To get in touch about these rights, please email hannah@bigwigsearch.com

We will seek to deal with your request without undue delay, and in any event within one month (subject to any extensions to which we are lawfully entitled). Please note that we will, where necessary, keep a record of your communications to help us resolve any issues which you raise.

• Right to object:

This right enables you to object to us processing your personal data where we do so for one of the following four reasons:

(i) our legitimate interests;

(ii) to enable us to perform a task in the public interest or exercise official authority;

(iii) to send you direct marketing materials; and

(iv) for scientific, historical, research, or statistical purposes.

The “legitimate interests” and “direct marketing” categories above are the ones most likely to apply to our Website Users, Candidates and Suppliers.

If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:

• we can show that we have compelling legitimate grounds for processing which overrides your interests; or we are processing your data for the establishment, exercise or defence of a legal claim.

If your objection relates to direct marketing, we must act on your objection by ceasing this activity.

• Right to withdraw consent: 

Where we have obtained your consent to process your personal data for certain activities, you may withdraw this consent at any time, and we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose in which case we will inform you of this condition.

• Data Subject Access Requests (DSAR): 

You may ask us to confirm what information we hold about you at any time, and request us to modify, update or delete such information. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is “manifestly unfounded or excessive”. If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.

• Right to erasure: 

You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following criteria:

– the data are no longer necessary for the purpose for which we originally collected and/or processed them;

– where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing;

– the data has been processed unlawfully (i.e. in a manner which does not comply with the UK GDPR and EU GDPR);

– it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or

– if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.

We would only be entitled to refuse to comply with your request for one of the following reasons:

• to exercise the right of freedom of expression and information;
• to comply with legal obligations or for the performance of a public interest task or exercise of official authority;
• for public health reasons in the public interest;
• for archival, research or statistical purposes; or
• to exercise or defend a legal claim.

When complying with a valid request for the erasure of data we will delete the relevant data.

• Right to restrict processing:

You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either:

– one of the circumstances listed below is resolved;

– you consent; or

– further processing is necessary for either the establishment, exercise or defence of legal claims, the protection of the rights of another individual, or reasons of important UK, EU or Member State public interest.

The circumstances in which you are entitled to request that we restrict the processing of your personal data are:

– where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;

– where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;

– where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and

– where we have no further need to process your personal data but you require the data to establish, exercise, or defend legal claims.

If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.

• Right to rectification:

You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.

• Right of data portability:

If you wish, you have the right to transfer your personal data between data controllers. In effect, this means that you are able to transfer your Bigwig Search  account details to another online platform. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data to another online platform. Alternatively, we will directly transfer the data for you. This right of data portability applies to:

1. personal data that we process automatically (i.e. without any human intervention);
2. personal data provided by you; and
3. personal data that we process based on your consent or in order to fulfil a contract.

• Right to lodge a complaint with a supervisory authority:

You also have the right to lodge a complaint with the Information Commissioners Office (‘ICO’).

Phone: 0303 123 1113

Email: casework@ico.org.uk

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

If you would like to exercise any of these rights, or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data), please email hannah@bigwigsearch.com. Please note that we will, where necessary, keep a record of your communications to help us resolve any issues which you raise. You may ask to unsubscribe from job alerts and other marketing communications from us at any time by emailing hannah@bigwigsearch.com. 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 for which we hold your data.

6. What Data do you collect about me and how; and how do you use it, share it and retain it?

8. Who is responsible for processing your personal data when you access the Bigwig Search website?

You can find out which Bigwig Search  entity is responsible for processing your personal data and where it is located below within Annex 1 below.

9. Cookies and similar technologies

A “cookie” is a piece of information that is stored on your computer’s hard drive and which records your navigation of a website so that when you revisit website, it can present tailored options based on the information stored about your last visit.  Cookies can also be used to analyse traffic and for advertising purposes.

Cookies are used by nearly all websites and do not harm your system. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings or you can change your preferences within our Cookie Settings*Link.  We also provide information about this within our Cookie Policy. 

10. Security of your personal data

We have implemented appropriate technical and organisational controls to protect your personal data against misuse, loss, or unauthorised access. These include measures to deal with any suspected data breach.

If you suspect any misuse or loss of or unauthorised access to your personal information please let us know immediately by emailing hannah@bigwigsearch.com

Data Security is of great importance to Bigwig Search  and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your collected data.

We take security measures to protect your information including:

• Limiting access to our buildings to those that we believe are entitled to be their.
• Implementing access controls to our information technology;
• We use appropriate procedures and technical security measures (including strict encryption, anonymization and archiving techniques) to safeguard your information across our computer system and website.

ANNEX 4 – Glossary

Candidates – refers to applicants of any roles advertised by or through Bigwig Search  as well as people who have submitted a speculative CV to Bigwig Search.

Clients – covers organisations which engage with Bigwig Search for it to provide recruitment or other services.

Data Controller – is a person, company, or other body that determines the purpose and means of personal data processing.

Data Processor – processes personal data only on behalf of the Data Controller.

Data Protection Act 2018 – updates data protection laws in the UK. It is a national law which complements the European Union’s General Data Protection Regulation (GDPR) and replaces the Data Protection Act 1998.

Employees – includes employees engaged directly by Bigwig Search.

Information Commissioners Office (ICO) – is the UK’s independent body and supervisory authority set up to uphold information rights.

Meaningful Contact – When we refer to “meaningful contact”, we mean, for example, communication between us (either verbal or written), or where you are actively engaging with our online services.

Privacy and Electronic Communication Regulation (PECR) – sit alongside the Data Protection Act and GDPR to give people specific privacy rights in relation to electronic communications.

Prospective Candidates – individuals with whom Bigwig Search  has not had prior contact but whom Bigwig Search  reasonably considers would be interested in our services and, in particular, in being considered for any roles advertised or promoted by Bigwig Search.

Special Category or Sensitive Personal Data – the GDPR defines special category data as Personal Data revealing: (1) Racial or Ethnic Origin; (2) Political Opinions; (3) Religious or Philosophical Beliefs; (4) Trade Union Membership; (5) Genetic Data; (6) Biometric Data (where used for identification purposes); (7) data concerning Health; (8) data concerning a person’s Sex Life; (9) data concerning a person’s Sexual Orientation. This does not include personal data about criminal allegations, proceedings or convictions, as separate rules apply. 

Suppliers – covers supplier companies (including sole traders), vendors, umbrella companies, partnerships and limited company contractors who provide services to Bigwig Search including as sub-contractors.  Suppliers should ensure their employees and workers are made aware of the provisions of this Privacy Policy as applicable.

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