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    The Company is a recruitment business which provides work-finding services in the construction and technology sectors in the United Kingdom to its clients and to work-seekers, including the introduction and supply of temporary workers and contractors. To provide these services we must process personal data (and in some cases special categories of personal data) about you – in doing so, the Company acts as a data controller. This notice applies to our UK operations.

    You may give your personal details to us directly – for example on a registration form, by email, by telephone, via our website, or through messaging services such as WhatsApp – or we may collect them from another source such as a jobs board, LinkedIn, a referral or a referee. We will only use your personal data in accordance with this privacy notice and we will comply with current data protection law, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, at all times.

    1. Purpose of processing and legal basis

    We collect and process your personal data for the purposes of providing you with work-finding services. This includes, for example: registering you as a candidate or contractor; contacting you about job opportunities; assessing your suitability for those opportunities; carrying out identity, right-to-work and other compliance checks; putting you forward to clients; arranging and managing your assignments and engagements; arranging for you to be paid, including via third-party payroll providers; keeping our records up to date; and developing and managing our services and our relationship with you and our clients.

    On occasion we may also need to use your data to investigate, report or detect crime, to comply with laws that apply to us, or during internal or external audits to demonstrate our compliance with legal and industry requirements.

    We must have a legal basis to process your personal data. We do not rely on consent for our core work-finding services – the legal bases we rely on are:

    • Legitimate interests – as described in section 2 below, this covers most of our day-to-day work-finding activity, including managing our database, matching you to vacancies and communicating with you;
    • Legal obligation – to comply with laws that apply to us, including the Conduct of Employment Agencies and Employment Businesses Regulations 2003, immigration legislation, tax and social security legislation and, where relevant, safeguarding requirements;
    • Contract – to take steps at your request before entering into a contract with you, and to perform any contract we have with you; and
    • Consent – only where the law specifically requires it: for marketing communications, and for your confirmation under the Conduct Regulations that you are willing to work in a position a client seeks to fill.

    Where we process special categories of personal data (such as health or disability information), we will do so only where an additional condition is met – for example your explicit consent, or because the processing is necessary for obligations under employment law, or for the establishment, exercise or defence of legal claims.

    2. Legitimate interests

    Where we rely on legitimate interests to process your personal data, our legitimate interests are:

    • Managing our database and keeping work-seeker records accurate and up to date;
    • Providing work-finding services to you and our clients, including matching your details to suitable vacancies;
    • Contacting you to seek your consent where we need it;
    • Communicating with you about your registration, assignments and engagements, including by telephone, email and messaging services such as WhatsApp;
    • Telling you about services similar to those you have recently used from us; and
    • Establishing, exercising or defending our legal rights, including responding to complaints and requests.

    3. Statutory and contractual requirements

    We have legal and contractual obligations to collect certain personal data. For example, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 require us to verify your identity, your right to work, and your suitability, qualifications and experience for roles, and our clients may require this information before you can be supplied to them. If you do not provide the personal data we need to meet these requirements, we may not be able to register you or continue to provide work-finding services to you.

    4. Recipients of your data

    We may share your personal data (and, where relevant, special categories of personal data) with the following recipients or categories of recipient:

    • Clients to whom we may introduce or supply you – for example, main contractors, subcontractors and developers in the construction sector, and technology businesses and their end clients;
    • Former employers or referees from whom we may seek references, and prospective employers to whom we may provide them;
    • The third-party payroll companies and payment intermediaries through which you are paid for assignments;
    • Our external HR and employment law advisers;
    • Our IT, software and CRM providers who support our services, including our recruitment CRM system (Vincere);
    • Third-party organisations used to verify your qualifications and suitability where relevant to a role – for example, card and certification schemes for construction roles (such as CSCS, CPCS or NPORS), training providers and occupational health providers;
    • Umbrella companies or other intermediaries involved in your engagement, where applicable;
    • Our pension, banking and insurance providers, and our legal advisers, where relevant;
    • Auditors and professional or trade bodies assessing our compliance with legislation and good practice; and
    • Government, law enforcement agencies and regulators, for example HMRC (including in connection with the Construction Industry Scheme where relevant), the Home Office and the Employment Agency Standards Inspectorate.

    5. Categories and sources of data

    Where we collect your personal data directly from you, we will give you this privacy notice at the time we collect it. Where we collect your personal data from another source, we will tell you what we have collected and where it came from no later than one month after collection, when we first communicate with you, or before we first disclose it to anyone else – whichever is earliest (UK GDPR, Article 14(3)).

    The categories of personal data we typically hold include:

    • Name, address, telephone/mobile number and email address;
    • CV, work history, and sector-specific qualifications and certifications relevant to your role – for example, trade qualifications, tickets and certification cards (such as CSCS or CPCS) and health and safety training records for construction roles, or technical qualifications and accreditations for technology roles;
    • Identification documents (such as your passport), right-to-work information and nationality;
    • National Insurance number, bank details and payment information (where we arrange for you to be paid, including via third-party payroll providers);
    • Records of our communications with you, including emails, call notes and messages exchanged via messaging services such as WhatsApp in connection with your registration and engagements; and
    • CRM registration and activity records relating to the work-finding services we provide to you.

    Special categories of personal data we may hold, where relevant to a role, include health information (including whether you have a disability and occupational health information).

    The sources from which we may obtain your data include: you directly; jobs boards and professional networking sites such as LinkedIn; referrals; former employers and referees whose details you have provided; and the software providers who support our services. Where we obtained your data from a publicly accessible source, we will tell you.

    6. Overseas transfers

    Our recruitment CRM system, Vincere (part of The Access Group), hosts customer accounts for UK and European customers in Europe by default. Vincere’s authorised subprocessors and affiliates may process personal data outside the UK or the European Economic Area (‘EEA’) for the purpose of providing the service. Where personal data is transferred outside the UK, this is subject to appropriate safeguards – such as a UK adequacy decision covering the destination country, or the UK International Data Transfer Agreement or Addendum to the EU Standard Contractual Clauses – to protect your information.

    If you would like more information about where your data is processed and the safeguards that apply, please contact our data protection lead using the details above.

    7. Data retention

    We will retain your personal data only for as long as is necessary for the purposes for which we collected it, and different laws require us to keep different records for different periods. In particular:

    • Under the Conduct of Employment Agencies and Employment Businesses Regulations 2003, we must keep work-seeker records for at least one year from the later of their creation or the date on which we last provided you with work-finding services. Our ordinary practice is to retain your work-seeker records for one year after we last provided you with a work-finding service; where there is a genuine possibility of a legal claim, we may retain them for up to six years from that date;
    • Records relating to your right to work in the UK are kept for two years after your employment or engagement ends;
    • Working time records, including any 48-hour opt-out notice, are kept for two years from the date they were created; annual leave records are kept for six years from the date they were created; and
    • Where you are paid via a third-party payroll provider, that provider holds the statutory payroll records relating to your pay. Where Cavendish itself operates payroll, those records are kept for the current tax year plus the six previous tax years; where Cavendish itself makes payments under the Construction Industry Scheme (CIS), the related CIS records are kept for at least three years after the end of the relevant tax year.

    We may retain records for longer than these periods where there is a genuine ongoing need – for example where a complaint, dispute or legal claim is live or reasonably anticipated – in which case we keep the records until the matter is concluded. Full detail is set out in our Candidate Retention Policy.

    8. Your rights

    You have the following rights under data protection law:

    • The right to be informed about the personal data we process about you;
    • The right of access to the personal data we process about you (a ‘subject access request’);
    • The right to rectification of your personal data;
    • The right to erasure of your personal data in certain circumstances;
    • The right to restrict processing of your personal data;
    • The right to data portability in certain circumstances;
    • The right to object to processing based on legitimate interests;
    • The right not to be subject to automated decision-making, including profiling, which produces legal or similarly significant effects; and
    • The right to withdraw consent at any time, where processing is based on consent.

    To exercise any of these rights, or to withdraw consent, please contact Lea Borquil at dataprotection@cavendishprofessionals.com or by post at 16 St John’s Lane, Farringdon, London, EC1M 4BS. Withdrawing consent does not affect processing carried out before withdrawal, or processing carried out on another legal basis. There may be circumstances where we still need to process your data for legal or official reasons; where that is the case, we will tell you and will restrict the data to only what is necessary for those specific purposes.

    If you believe any data we hold about you is inaccurate or incomplete, please contact us using the details above and we will take reasonable steps to check and correct it.

    9. Automated decision-making

    We do not use automated decision-making or profiling that produces legal or similarly significant effects on candidates or contractors.

    10. Cookies

    Our website may place cookies – small text files – on your device. Cookies are widely used to make websites work, or work more efficiently, and to provide information to the site owner.

    Details of the cookies we use, their purposes and durations, and how to control or delete them are set out in our Cookie Policy, available at https://www.cavendishprofessionals.com/cookie-policy/.

    Most web browsers allow some control of cookies through browser settings. Please note that some website features may not function if you remove cookies from your browser.

    11. Log files and links to other websites

    We may use IP addresses to analyse trends, administer our website and gather broad demographic information for aggregate use. Our website may contain links to external websites; we are not responsible for the privacy practices of those sites and encourage you to read their privacy statements. This privacy notice applies solely to information collected by the Company.

    12. Sale of the business

    If our business is sold or integrated with another business, your details may be disclosed to our advisers, to any prospective purchaser and their advisers, and passed to the new owners of the business. Where a sale results in the transfer of your details to a different data controller, we will notify you.

    13. Data security

    We take appropriate technical and organisational measures to protect your information, including secure, access-controlled systems, the use of passwords and restricted access. Only those who need your information to perform a specific role – for example your consultant or our accounts function – are granted access to it.

    We use all reasonable efforts to safeguard your personal information. However, the use of email, messaging services and the internet is not entirely secure, and for this reason we cannot guarantee the security or integrity of personal information transferred from you or to you over the internet.

    14. Changes to this privacy notice

    We will update this privacy notice from time to time and will post any changes with revision dates. If we make material changes, we will notify you.

    15. Complaints or queries

    If you wish to complain about this privacy notice or any of the procedures set out in it, please contact Lea Borquil at dataprotection@cavendishprofessionals.com in the first instance so that we can try to resolve the matter.

    You also have the right to raise concerns with the Information Commissioner’s Office (ICO) on 0303 123 1113 or at https://ico.org.uk/make-a-complaint/, or with any other relevant supervisory authority should your personal data be processed outside the UK and you believe your data protection rights have not been respected.