PRIVACY POLICY 2018/2019

P. Flannery Plant Hire (Oval) Ltd (The Company) is aware of its obligations under the General Data Protection Regulation (GDPR) and is committed to processing your data securely and transparently. This privacy notice sets out, in line with GDPR, the types of data that we hold on you as an individual or organisation. It also sets out how we use that information, how long we keep it for and other relevant information about your data.

This applies to current and former employees, operatives, workers, contractors and organisations.

Data controller details

The Company is a data controller, meaning that it determines the processes to be used when using your personal data. Each department has appointed an appropriate person to manage personal data and contact details can be made on request. All requests should be made to the following e-mail address: gdpr@flanneryplant.co.uk

Data protection principles

In relation to your personal data, we will:

  • process it fairly, lawfully and in a clear, transparent way
  • collect your data only for reasons that we find proper for the course of your engagement with The Company
  • only use it in the way that we have told you about
  • ensure it is correct and up to date
  • keep your data for only as long as we need it
  • process it in a way that ensures it will not be lost, destroyed or used for anything that you are not aware of or have consented to (where appropriate)

Types of data we process

We hold many types of data about you, which may include:

  • your personal details including your name, address, date of birth, email address, phone numbers
  • professional identifiers including CPCS/CSCS/NPORS numbers
  • your photograph
  • gender
  • next of kin and their contact details
  • medical or health information including whether or not you have a disability
  • information included on your portfolio or CV including references
  • documentation relating to your right to work in the UK
  • driving licence
  • bank details
  • tax codes
  • National Insurance number
  • current and previous rates of pay, hours of work and other terms and conditions relating to your engagement with us
  • documentation with regard to any disciplinary proceedings or breach of contract
  • internal performance information, formal warnings and related documentation with regard to capability procedures, appraisal forms
  • leave records including annual leave, family leave, sickness absence etc
  • details of your criminal record
  • competency and training details
  • CCTV footage
  • telephone system logs and recordings
  • building entry card records

How we collect your data

We collect data about you in a variety of ways and this will usually be from forms you fill out where data is collected from you directly. Other details may be collected directly from you in the form of official documentation such as your driving licence, passport or CPCS/CSCS card.

In some cases, we will collect data about you from third parties, such as agencies, former employers when gathering references.

Personal data is kept in secure files or within the Company’s IT systems.

Why we process your data

The law on data protection allows us to process your data for certain reasons only:

  • in order to perform the contract that we are party to
  • in order to carry out legally required duties
  • in order for us to carry out our legitimate interests
  • to protect your interests and
  • where something is done in the public interest.

All of the processing carried out by us falls into one of the permitted reasons.

We also collect data so that we can carry out activities which are in the legitimate interests of The Company:

  • maintaining records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in the event of an emergency are maintained
  • assessing competency
  • gaining expert medical opinion when making decisions about your fitness for work
  • dealing with legal claims made against us
  • preventing fraud

Special categories of data

Special categories of data are data relating to your:

  • health

We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when the following applies:

  • you have given explicit consent to the processing
  • we must process the data in order to carry out our legal obligations
  • we have a legitimate interest to ensure you are able to fulfil an assignment or project

We will use your special category data:

  • to ensure you are fit for task

We do not need your consent if we use special categories of personal data in order to carry out our legal obligations.

Sharing your data

Your data will be shared with representatives within The Company where it is necessary for them to undertake their duties.

We share your data with third parties in order to comply with work opportunities, for example, where a hirer requires evidence of your suitability to carry out tasks. Other shared data includes storing bank details on banking applications, portals or websites in order to make payments to you.

Protecting your data

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such. This includes holding physical copies of data in locked cabinets with restricted access, and electronic records stored in a secure IT system.

How long we keep your data for

In line with data protection principles, we only keep your data for as long as we need it for, which will be at least for the duration of your engagement with us though in some cases we will keep your data for a period after your engagement has ended. Retention periods can vary depending on why we need your data.

Your rights in relation to your data

The law on data protection gives you certain rights in relation to the data we hold on you. These are:

  • the right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice
  • the right of access. You have the right to access the data that we hold on you. To do so, you should make a subject access request. You can read more about this in our Subject Access Request policy which is available on request from: gdpr@flanneryplant.co.uk
  • the right for any inaccuracies to be corrected. If any data that we hold about you is incomplete or inaccurate, you are able to require us to correct it
  • the right to have information deleted. If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it
  • the right to restrict the processing of the data. For example, if you believe the data we hold is incorrect, we will stop processing the data (whilst still holding it) until we have ensured that the data is correct
  • the right to portability. You may transfer the data that we hold on you for your own purposes
  • the right to object to the inclusion of any information
  • the right to regulate any automated decision-making and profiling of personal data. You have a right not to be subject to automated decision making in way that adversely affects your legal rights.

Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.

If you wish to exercise any of the rights explained above, please e-mail: gdpr@flanneryplant.co.uk

Making a complaint

The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.

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