Who are Sharp Brains Recruitment?
Sharp Brains Recruitment (or SB Recruit) is the recruitment business name of Sharp Brains Limited, UK registered company established in February 2014. The company offers recruitment services, IT services/solutions and software applications development for its clients. This privacy policy covers recruitment aspects of our business.
About this Privacy Policy?
This Privacy Policy explains what we do with your personal data, whether we are in the process of introducing ourselves to you, helping you to find a job, continuing our relationship with you once we have found you a role, providing you with a service, receiving a service from you, using your data to ask for your assistance in relation to one of our Candidates, or you are visiting our website.
It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
This Privacy Policy applies to the personal data of our Website Users, Temporary Workers, Contractors, Candidates, Clients, Suppliers, and other people whom we will contact in order to find out more about our Candidates or whom they indicate is an emergency contact. It also applies to the emergency contacts of our Staff. To be clear, if you are a member of Sharp Brains Staff, you should refer to the Employees Privacy Policy which is available in Employees’ handbook or Sharp Brains HR Portal.
For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"), the company responsible for your personal data ("Sharp Brains Limited" or "us") can be found here.
It is important to point out that we may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here.
If you are dissatisfied with any aspect of our Privacy Policy, you may have legal rights and, where relevant, we have described these as well.
This Privacy Policy applies in relevant countries throughout our international network. Different countries may approach data privacy in slightly different ways and so we also have country-specific parts to this Privacy Policy. You can find country-specific terms for your jurisdiction here. This allows us to ensure that we're complying with all applicable data privacy protections, no matter where you are.
Why do we process personal data?
A number of elements of the personal data we collect from you are required to enable us to fulfil our contractual duties to you or to others. Where appropriate, some data, for example Candidates' social security number, are required by statute or other law in some jurisdictions. Other items will simply be needed to ensure that our relationship can run smoothly.
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.
We also process personal data as an employer, business partners, and through surveillance of our places of business. This notice, and its relevance to you, regards our commercial processing of data.
How might we collect personal data for commercial purposes?
What kind of personal data do we collect?
CANDIDATE DATA: In order to provide the best possible employment opportunities that are tailored to you, we need to process certain information about you. We only ask for details that we think will genuinely help us to help you, such as your name, age, contact details, education details, employment history, emergency contacts, immigration status, financial information (where we need to carry out financial background checks), and social security number (and of course you may choose to share other relevant information with us). Where appropriate and in accordance with local laws and requirements, we will also collect information related to your health, diversity information or details of any criminal convictions.
TEMPORARY WORKER DATA: If we employ or engage you directly as a Temporary Worker, we need to process certain extra information (in addition to the information collected from Candidates) in order to ensure a smooth Temp Relationship. We only collect important information such as staff numbers or other identifiers, start dates, bank details and details of previous remuneration, pensions and benefit arrangements. Where appropriate and in accordance with local laws and requirements, we may also collect, by inference, information related to trade union membership, sexual orientation and child care or carer arrangements when you provide us with information about deductions from your salary for trade union membership or childcare vouchers or details about your emergency contact.
CLIENT DATA: If you are a Sharp Brains’ Client, we need to collect and use information about you, or individuals at your organisation, in the course of providing you or offering you services such as: (i) finding Candidates who are the right fit for you or your organisation; (ii) providing you with a Managed Service Provider ("MSP") programme (or assisting another organisation to do so); (iii) providing you with Recruitment services (or assisting another organisation to do so); (iv) providing services to your employees, such as training courses to teaching staff who work for our Clients, in the education sector and/or (v) notifying you of content published by Sharp Brains which is likely to be relevant and useful to you.
SUPPLIER DATA: We need a small amount of information from our Suppliers to ensure that things run smoothly. We need contact details of relevant individuals at your organisation so that we can communicate with you. We also need other information such as your bank details so that we can pay for the services you provide (if this is part of the contractual arrangements between us).
PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES AND STAFF, SUCH AS REFEREES, EMERGENCY CONTACTS AND DEPENDANTS: In order to provide Candidates with suitable employment opportunities, to provide for certain eventualities for them and our Staff and to allow Staff to access certain benefits or employment rights, we need some basic background information. We ask for very basic contact details, so that we can get in touch with you either for a reference or because you’ve been listed as an emergency contact or a dependent for one of our Candidates or Staff members.
WEBSITE USERS: We collect a limited amount of data from our Website Users which we use to help us to improve your experience when using our website or mobile apps and to help us manage the services we provide. This includes information such as how you use our website, the frequency with which you access our website, and the times that our website is most popular.
Examples of data we routinely process?
While we appreciate that every CV will be different, it is likely that all CVs we receive or acquire will contain some or all of:
If you are successfully placed into a role, we would go on to process:
Above is not extensive list of all the fields or categories of data we process.
Is there personal data you are compelled to provide?
Yes, if you would like us to offer our services as a recruiter, service provider, supplier or client, we will need personal data. Many of our end clients have either contractual or statutory requirements including criminal records checks, security clearances and CV accuracy tests. If those requests are not satisfied, you will be unable to continue your business with us.
What about sensitive data such as criminal records?
There are “special categories” of personal data which we need on an additional legal basis to process in the context of recruitment. The UK Data Protection Act contains conditions which allow for it, as listed below:
Criminal Records
UK DPA Sch.3 s.1 – we check with you directly whether you have unspent criminal convictions during the qualification process. You do not have to consent to this, though our clients will not onboard anyone without having completed this check.
Health-related data
UK DPA Sch.1 s.2 – we process data relating to absences as a product of keeping time records for your payment
Racial or ethnic origin
UK DPA Sch.1 s.1 – if not already in your CV (e.g. nationality), by virtue of establishing your right to work or validating your identity prior to commencing a contract, we would process enough data to establish or infer your race or ethnicity.
We also have an internal Data Protection Policy which details our internal controls designed to offer additional protection to these categories.
Should we inadvertently process any “special category” data (for example, you provide it in the free text of a CV), it will be as secure as all other data stored at Sharp Brains, though we will not screen individual CV submissions to remove it.
On what basis do we do this?
What are Sharp Brains’ “legitimate interests”?
Our interests are to place available candidates into permanent and contract roles available with our clients and profit from that activity. We have assessed whether our interests outweigh your fundamental rights, and we believe that in this context our interests are actually aligned.
Can I withdraw consent?
Yes, at any time. This will constrain future processing, though it will not invalidate processing already performed.
Who do we share your personal data with?
CANDIDATE DATA: We will share your personal data with various parties, in various ways and for various reasons. Primarily we will share your information with prospective employers to increase your chances of securing the job you want. Unless you specify otherwise, we will also share your information with any of our group companies and associated third parties such as our service providers and selected job aggregators where we feel this will help us to provide you with the best possible service and maximise your chances of getting what you want.
TEMPORARY WORKER DATA: If we employ or engage you directly as a Temporary Worker, we may share your personal data with a number of additional parties in order to ensure the smooth running of our Temp Relationship. For example, we may share your personal data with appropriate colleagues within Sharp Brains (this may include colleagues in overseas offices), with a Client and, if appropriate, medical professionals such as your GP or an occupational health specialist (for instance, for the purpose of any work adjustment assessments if applicable).
CLIENT DATA: We will share your data: (i) primarily to ensure that we provide you with a suitable pool of Candidates; (ii) to provide you with an MSP programme (or assist another organisation to do so); (iii) to provide you with Recruitment services (or assist another organisation to do so); and/or (iv) to provide services to your employees, such as training courses to teaching staff who work for our Clients in the education sector. Unless you specify otherwise, we will share your information with any of our group companies and associated third parties such as our service providers to help us meet these aims.
SUPPLIER DATA: Unless you specify otherwise, we will share your information with any of our group companies and associated third parties such as our service providers and organisations to whom we provide services.
PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES AND STAFF, SUCH AS REFEREES, EMERGENCY CONTACTS AND DEPENDANTS: Unless you specify otherwise, we will share your information with any of our group companies and associated third parties such as our service providers and organisations to whom we provide services.
WEBSITE USERS: Unless you specify otherwise, we will share your information with providers of web analytics services, marketing automation platforms and social media services to make sure any advertising you receive from us is targeted to you.
Who will receive your data from us?
Do we transfer personal data internationally?
Yes – while all candidate data under our control is stored in the United Kingdom, we process data (e.g. collect, administer, view, amend, etc.) both in the EEA and non-EEA territories, with standard contractual clauses deployed where necessary to ensure your privacy is protected to EU standards.
Sharp Brains is a global organisation – this is what enables us to offer the level of services that we do. In order for us to continue operating in this way, it will be necessary for us to transfer or store your data internationally in certain circumstances.
Where is personal data stored?
For contractors working through Sharp Brains, our HR portal is hosted by Amazon Web Services in an EU-based cloud storage system. Our websites are also hosted on AWS servers based in EU.
Outside of this, the other parties to whom we would transfer your data either have a legal right to it (e.g. tax authorities) or are clients of Sharp Brains. All of Sharp Brain’s commercial parties and service providers have contractual commitments to lawfully process personal data transferred to them by us.
How do we safeguard your personal data?
We care about protecting your information. That's why we put in place appropriate measures that are designed to prevent unauthorised access to, and misuse of, your personal data.
How long will we retain your data for?
If you are a Client or a Supplier, we will retain your personal data in order to provide you with services or to receive services from you, or to provide you with information about our services that we believe you may be interested in. If you have expressly indicated that you would rather we didn't retain your personal data, then we will Delete it from our Systems unless we believe in good faith that the law or other regulation requires us to preserve it (for example, because of our obligations to tax authorities or in connection with any anticipated litigation) or other legal exceptions apply.
If you are a Potential Candidate or a Candidate, and we have not had meaningful contact with you (or, where appropriate, the company you are working for or with) for a period of three years, we will Delete your personal data from our Systems unless we believe in good faith that the law or other regulation requires us to preserve it (for example, because of our obligations to tax authorities or in connection with any anticipated litigation). As with Clients and Suppliers, if you have expressly indicated as a potential Candidate or a Candidate that you're not interested in our services, then we will Delete your personal data from our Systems unless we believe in good faith that the law or other regulation requires us to preserve it (for example, because of our obligations to tax authorities or in connection with any anticipated litigation) or other legal exceptions apply.
If we employ or engage you as a Temporary Worker directly, depending on the applicable local laws and requirements, we will ordinarily process your data throughout the course of your Temp Relationship and will then retain it for a period after we have parted ways (unless we are otherwise required by law), in accordance with the approach we take with Candidates.
If you are a Website User, we will retain any data for as long as it is necessary to achieve the purpose it was collected or processed for. If you have expressly indicated that you would rather we didn't retain your personal data, then we will Delete it from our Systems unless we believe in good faith that the law or other regulation requires us to preserve it (for example, because of our obligations to tax authorities or in connection with any anticipated litigation) or other legal exceptions apply.
What rights do I have in respect of the personal data you control?
As a data subject, you have the right to:
By simply issuing a request to Sharp Brains’ Head Office through a conventional route (post, email, phone), we will process that request. If for any reason we lawfully refuse it, we will inform you of the rationale and your options.
Who can I complain to if I am unhappy about your personal data processing?
We would always endeavour to satisfy your requests in the first instance, and you can contact our Data Protection Officer with any queries.
You can at any time contact our Lead Supervisory Authority (the UK Information Commissioner’s Office) at this location, or if you prefer, use your national data protection authority to escalate issues regarding our conduct.
HOW DO WE USE YOUR PERSONAL DATA?
Having obtained data about you, we then use it in a number of ways.
CANDIDATE DATA: We generally use Candidate data in the following ways:
Here are some more details about each:
Recruitment Activities
Our main area of work is recruitment – connecting the right Candidates with the right jobs. We've listed below various ways in which we will use and process your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive.
We will use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests. If you want to know more about what this means, please click here. If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this here.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements.
Marketing Activities
We will periodically send you information that we think you may find interesting, or to ask for your help with connecting other Candidates with jobs. In particular, we will use your data for the purposes listed below, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive. To:
We need your consent for some aspects of these activities (in particular, the collection of data via cookies, and the delivery of direct marketing of our services to you through digital channels) and, depending on the situation, we'll ask for this via an opt-in (where we cannot rely on the legitimate interests condition) or soft-opt-in (which we explain further below). Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements. For more information in relation to your jurisdiction, please click here.
Soft opt-in consent is a specific type of consent which applies where we have obtained your contact details from an occasion when you previously engaged with us (for example by submitting a job application or CV, or registering a vacancy to be filled), and we are e-marketing other recruitment-related services of our own. Under ‘soft opt-in’ consent, we will take your consent as given unless or until you object or opt out (and we will remind you of your right to do this and provide you with the opportunity to opt-out, in each e-marketing message that we send to you). For most people, this is beneficial as it allows us to provide you with information that we think will be of interest to you and suggest other jobs to you alongside the specific one you applied for, significantly increasing the likelihood of us finding you a new position. We will use your personal data to send you e-marketing materials with your ‘soft opt-in’ consent if we deem that it is in our legitimate interests to do so.
For other types of e-marketing, we are required to obtain your explicit consent. If you want to know more about how we obtain consent, please click here. If you are not happy about our approach to marketing, you have the right to opt out or withdraw your consent at any time and can find out more about how to do so here. Nobody's perfect, even though we try to be. We want to let you know that even if you have opted out from our marketing communications through our preference centre, it is possible that your details may be recaptured through public sources in an unconnected marketing campaign. We will try to make sure this doesn't happen, but if it does, we're sorry. We'd just ask that in those circumstances you opt out again.
All our marketing is based on what we think will serve our Clients and Candidates best, but we know we won’t always get it right for everyone. We will use your data to show you Sharp Brains adverts and other content on other websites, for example Facebook. If you do not want us to use your data in this way, please turn off the “Advertising Cookies” option (please refer to our Cookies Policy). Even where you have turned off advertising cookies, it is still possible that you may see a Sharp Brains
advert, but in this case it won’t have been targeted at you personally, but rather at an anonymous audience.
Who is your Data Protection Officer?
You can contact our Data Protection Officer on hruk@sharpbrains.co.uk or through our UK Head Office on +441179087000