Clarity Locums' Privacy Notice
The purpose of this Privacy Notice is to set out the privacy entitlements of Data Subjects, as defined in the General Data Protection Regulation (GDPR), of living persons. Privacy can only apply to information that is not already in the public domain and GDPR only applies to such personal data.
The General Data Protection Regulation (GDPR) is a European Union Regulation that sets out the data entitlements of data subjects and the obligations of those who process the personal data of data subjects. GDPR seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU.
Our company collects data from you and uses that data to place you in employment with third parties which involves making telephone contact with you, emailing you with positions that may be of interest to you, emailing and telephoning potential employers to advance your career prospects with those companies and when required sharing your data with those potential employers & Clients. When you apply for a position advertised on our website/app or advertised on a third party website you are agreeing to our company acting as an agent for you in your pursuit of an employment position with a third party until you either opt out (which you can do at any stage) or we cease in promoting you to potential employers & Clients. Our company in their capacity as your agent operates as a Data Controller in respect of the personal data you supply to us. We share your data with third party Clients in order to advance your prospect of obtaining your desired position and while we require that our clients are GDPR compliant we can make no guarantees or warranties in that regard.
We collect personal data about you when you apply for a position either on our website, app or advertised on a third party website, complete application forms and/or questionnaires; we also gather personal data from records of our correspondence, phone calls, emails and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. This information can be used to identify visitors to our website and also to collect statistics about the behaviour of visitors to our website.
Data Minimisation Principle: We will only collect the information we need so that we can ensure adequate information is provided to our employer/clients consistent with the requirements of the particular placement relevant to you, as the contract is being performed, it may be necessary to obtain further data from you, we will do this if and when it is necessary and only the necessary data will be obtained. This agency does not sell or broker your data.
This company has different categories of data subjects:
Data subjects who are general candidates looking for temporary or permanent work.
Data subjects who are engaged on a contract of employment by our company to be placed in temporary assignments in our client companies.
Data subjects who are our own internal employees carrying out the work of the recruitment agency.
Data subjects whom we introduce to companies and who provide contractual work to those companies.
There are different categories of data required between the differing data subject categories and only the information necessary to conduct the contractual relationship and perform the contract unique to each data subject will be collected.
Information is required in order to perform our statutory obligations such as tax returns and compliance with employment permit legislation. This information will include PPS numbers, Garda vetting details and where relevant GNIB card copies.
Information is sought on your express and explicit consent in relation to training options.
Information is processed in the legitimate interests of the business of the employment agency, and where so processed it will be in accordance with and subject to your data subject rights and entitlements.
This Privacy Notice outlines the reasons for processing your personal data. In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Article 4(11) of the 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 give us your consent freely, without us putting you under any type of pressure;
you have to know what you are consenting to – so we'll make sure we give you enough information;
you should have control over which processing activities you consent to and which you don’t;
you need to take positive and affirmative action in giving us your consent – we're likely to provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion.
You can withdraw consent at any time by emailing [email protected] or writing to us, see the last section for full contact details.
Legal basis for processing any personal data
This company relies upon the following legal bases for data collection:
Information is required in order to perform the contract of an employment agent on behalf of you the candidate to potential employers. The basis of data gathering in that instance is contractual requirements. This will include identification information such as but not limited to name, address, date of birth, information regarding education/qualifications and reference checks.
Clarity reserves the right to share locum contact information such as telephone numbers and email addresses, to clients where the locum has completed a shift for that client, if the client needs to directly contact the locum regarding work carried out.
Clarity does not routinely record any phone of video call conversations whether incoming or outgoing with any client or locum. If any recording is made all participants will be informed before the recording starts. If a participant joins the call after the recording starts they will either be informed verbally or via an on-screen notice.
Clarity reserves the right to share booking application and confirmation data with 3rd party service providers used by both Clarity and their clients, for the purpose of facilitating bookings.
If you are a locum based in Northern Ireland, Scotland, England or Wales there are a number of documents required before you can commence using our booking platform. Those documents will vary depending on your region. They include but are not limited to, passport, criminal record checks, indemnity insurance and other relevant certificates of accreditation.
For non-UK and non-Irish locums, you will be asked to submit a share code to Clarity Group. By submitting this data you acknowledge and accept that this information will be used in conjunction with your Date of birth to check your Right to Work status on GOV.UK.
For locums in England and Wales, once you upload your DBS enhanced certificate, it will be checked against the update service annually from the date of issue by our compliance team.
The sole purpose of these checks and collection of all compliance documents is to meet contractual compliance obligations with our clients to ensure suitability to work to the position applied.
By uploading your documents and or by requesting any criminal record checks through Clarity Group, you acknowledge and accept the collection and processing of your data. You grant Clarity Group permission to conduct these checks and give your consent to this data being collected and processed. You acknowledge and consent to your data being shared with relevant third parties such as the DBS, Disclosure Scotland, Access NI, our clients and relevant umbrella agencies used to conduct criminal checks.
You can withdraw this consent at any time and request that your data be removed and deleted.
A necessity of our contractual engagement is that we share your personal data with our clients. Our clients may themselves be subject to third party audits either in the form of ethical audits, governmental/statutorily required audits or legal obligations, these are deemed a necessity of the contract of engagement between you and our company and on this legal basis your personal data will be shared to comply with these requirements.
We do not broker or pass on information gained from your engagement with the agency. However, we may disclose your Personal Information to meet legal obligations, regulations or valid governmental requests. The agency may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of our company, its clients and/or the wider community.
Source of Obligation Retention Period
Revenue Commissioners, Collector General, Companies Acts legislative provisions 6 years rolling retention of records
Personal Injuries related records Records are retained for a period of 3 years past the date of the cause of action, unless it involves a minor, in which case the retention period will be up until 3 years after the minor reaches the age of 18.
Breach of Contract related records Records are retained 6 years from the date of the breach
Employment Agency Candidate for Interviews/Placements Records Candidate information is kept for a period of 1 year past the initial contact with the agency by the candidate, unless the candidate exercises their entitlement to a termination of processing.
Employment contract/terms of employment related information Duration of the employment – this includes everything from the application form, interview notes, contract related, performance appraisals, references
Organisation of Working Time – time sheets/holiday and public holiday records
National Minimum Wages
Protection of Employment – Temporary Agency Workers, Part Time Workers, Fixed Term Workers
Protection of Young Persons 3 years post the termination of the employment. Records kept are sufficient to show compliance with legal obligations in accordance with the statutory provisions.
Parental Leave Related 8 years – records kept show the dates when a qualifying employee availed of the parental leave and force majeure leave provisions
Employment Equality All records, including interviews and applications are kept for a period of one year.
Health and Safety Records All records relating to health and safety will be kept for a period of 10 years
Data Law Compliance Records in relation to our compliance with Data Law and GDPR will be kept for a five-year period.
Candidate accounts are kept for the lifetime of employment plus three years of inactivity. At this point, the account and all data that is not required to be retained for statutory reasons is destroyed. After deletion, the locum may at any point sign up again by creating a new account however no data from any previously held account(s) will be retrievable.
Emails are retained for the shortest possible period and with the exception of retention for statutory records no email is retained for a period greater than three years.
Data is held within the Republic of Ireland using different (multiple) servers. We do not store personal data outside the EEA.
Your rights as a data subject
For the entirety of the time that we are in possession of your data, you have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records and we will comply with this request in accordance with our own obligations to keep records for statutory purposes.
Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
These rights may on occasion need to be modified/curtailed by statutory or competing obligations, for example, you may request that we delete your data, however if we have been your employer will can only do so after the statutory period of record retention has expired. In the event that we are obliged to refuse your request in accordance with your data subject rights, or if we are obliged to place conditions on our assent to your request, we will provide you with a reason as to why, which you have the right to legally challenge.
At any time following a request from you we can confirm what information we hold about you, as well as how and why it is being processed.
You can request the following information:
Identity and the contact details of the person or organization that has determined how and why to process your data.
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of our company or a third party such as one of its clients, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority (Data Protection Regulator).
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
To access what personal data is held, identification will be required
We will accept the following forms of ID when information on your personal data is requested: a copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If we are dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to [email protected] or writing to us at Clarity Group, 10 Merrion Square N, Dublin 2, D02 DW94
This Privacy Notice will be updated, as necessary, from time to time.
In the event that you wish to make a compliant about how your personal data is being processed by us or by our partners, you have the right to complain to our Data Protection Officer by emailing [email protected]
If you do not get a response within 30 days you can complain to the OFFICE OF THE DATA COMMISSIONER, Supervising Authority of Ireland. If you are based in the United Kingdom you can complain to the INFORMATION COMMISSIONER’S OFFICE.
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Use of your Personal Information
We respect your right to privacy. Where personal details are submitted by users, either by email or via telephone, this information is treated in strict confidence. This information may be shared by consultants working within the Clarity Group, but will never be supplied or sold to any third parties for the purposes of selling or marketing to you.
We have done our utmost to ensure that any data is stored securely and effectively, to prevent unauthorised access or disclosure of same.