Temporary Workers – includes someone who becomes employed or engaged by Impellam for the purposes of undertaking temporary work for a Client.
If you are a Temporary/Permanent Worker, we will also continue to process your personal data as a Candidate throughout the duration of your work and thereafter, in accordance with the terms of this Privacy Notice.
What kind of personal data do we collect?
If we employ or engage you directly as a Temporary/Permanent Worker, we need to process certain extra information (in addition to the information collected from Candidates) in order to ensure a smooth 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 our legal obligations and regulatory 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.
How do we collect your personal data?
If we employ or engage you as a Temporary/Permanent Worker directly, we collect your data (in addition to the data already collected about Candidates) in two ways:
- Personal data that you give to us; and
- Personal data that we receive from other sources.
Personal data you give to us
Impellam needs to know certain information about you in order to fulfil our obligations to you, to ensure that you are properly fulfilling your obligations to us, and to ensure that we are both fulfilling our obligations to others. This information will enable us to operate a usual temp relationship.
There are many ways that you can share your information with us in addition to the information you share as a Candidate. Where appropriate and in accordance with any legal obligations and regulatory requirements, these may include:
- when you complete registration forms at the beginning of our temp relationship; or
- in meetings or communications with your consultant, our HR team or other colleagues.
Personal data we receive from other sources
We also receive personal data about you from other sources. Depending on the relevant circumstances and applicable legal obligations and regulatory requirements, these may include personal data received in the following situations:
- if you were referred to us through a recruitment agency or other work agencies, they may have shared personal information about you with us;
- information obtained about you from third party service providers who undertook background checks about you on our behalf at the start of our temp relationship;
- your colleagues may share personal information about you with us;
- medical professionals may (in appropriate and limited circumstances) share personal information about you with us;
- your pension and benefits providers may share relevant personal information about you with us; and
- other third parties like your local tax authority may share your personal data with us.
How do we use your personal data?
If we employ or engage you as a Temporary/Permanent Worker directly, we collect your data in five principal ways.
To ensure the smooth running of our relationship, including all the activities that need to be undertaken in a usual relationship of that type, such as:
- facilitating payroll and invoicing processes;
- determining the terms on which you work during your Temp/Permanent Relationship;
- keeping a record of any promotions, salary rises or bonuses you are awarded;
- where appropriate, through Equal Opportunities Monitoring;
- to help us to establish, exercise or defend legal claims; and
- to help us to help you and to understand our legal obligations if you suffer from a health condition or disability.
Who do we share your personal data with?
Where appropriate and in accordance with legal obligations and regulatory requirements, we will share your personal data, in various ways and for various reasons, with the following categories of people:
- Any of our group companies;
- Appropriate colleagues within Impellam (this may include colleagues in overseas offices);
- Individuals and organisations who hold information related to your reference or application to work with us, such as current, past or prospective employers, educators and examining bodies and employment and recruitment agencies;
- Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data (for example, because of a request by a tax authority or in connection with any anticipated litigation);
- Third party service providers who perform functions on our behalf (external suppliers and consultants, business associates and professional advisers such as lawyers, auditors and accountants, technical support functions and IT consultants carrying out testing and development work on our business technology systems);
- Third party outsourced IT and document storage providers where we have an appropriate processing agreement (or similar protections) in place;
- Marketing technology platforms and suppliers;
- In limited circumstances as appropriate, medical professionals such as your GP or an occupational health specialist;
- The Client where you as a Temporary/Permanent Worker are or will be working;
- Prospective employers (for example, when providing a reference, where permissible in accordance with our legal obligations and regulatory requirements);
What legal bases do we rely on to process Temporary/Permanent Worker data?
If we employ or engage you directly as a Temporary/Permanent Worker, we consider the following to be non-exhaustive examples of processing activities that are in our legitimate interests to carry out so that we can build a successful temp relationship:
- for our internal administrative purposes, such as facilitating payroll and invoicing processes, if relevant to your jurisdiction;
- determining the terms on which you work during your temp relationship;
- keeping a record of start dates and duration of the length of assignments, hours works during assignments, and any promotions, salary rises or bonuses you are awarded;
- giving or receiving feedback in relation to your assignment; and
- if necessary, to assist us with establishing, exercising or defending legal claims.
Where processing your personal data is necessary for us to carry out our obligations under our Contract with you, to ensure that you are properly fulfilling your obligations to us, and to ensure that we are fulfilling our obligations to others:
In relation to the employment or engagement of Temporary/Permanent Workers directly by us, prior to and during our relationship we rely on this legal basis to collect and otherwise use your personal data to enable us to perform our part of our contract with you and our obligations to third parties, and to ensure that you are properly fulfilling your obligations to us.
By way of example, we may process your bank account details and name (and other verifying information) via payroll in order to pay you in accordance with your contract. Another example may be processing data for performance or behaviour management as part of our relationship.
To Exercise our Rights or Carry out our Employment and Social Security Legal Obligations:
It will sometimes be necessary for us to process your sensitive/special category personal data.
Article 9(2)(b) of the GDPR allows us to do this where the processing is "necessary for the purposes of carrying out the obligations and exercising [our or your] specific rights… in the field of employment and social security and social protection law", as long as this is allowed by law.
Where processing your personal data is necessary for us to carry out our Legal Obligations:
In relation to the employment or engagement of Temporary/Permanent Workers directly by us, as well as our obligations to you under our contract, we also have other legal obligations that we need to comply with. Article (6)(1)(c) of the GDPR states that we can process your personal data where this processing "is necessary for compliance with a legal obligation to which [we] are subject".
An example of a legal obligation that we need to comply with is our obligation to co-operate with tax authorities, including providing details of your remuneration and tax paid.
How long do we keep your personal data for?
We will delete your personal data from our systems if we have not had any meaningful contact with you (or, where appropriate, the company you are working for or with) in accordance with our retention periods at Annex 2 (or for such longer periods as we believe in good faith that the law or relevant regulators require us to preserve your data). After this period, it is likely your data will no longer be relevant for the purposes for which it was collected.
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).
For those Candidates whose services are provided via a third party company or other entity, "meaningful contact" with you means meaningful contact with the company or entity which supplies your services. Where we are notified by such company or entity that it no longer has that relationship with you, we will retain your data for no longer than two years from that point or, if later, for the period of two years from the point we subsequently have meaningful contact directly with you.
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. We will consider there to be meaningful contact with you if you submit your updated CV onto our website or take part in any of our online training. We will also consider it meaningful contact if you communicate with us about potential roles, either by verbal or written communication or click through from any of our marketing communications. Your receipt, opening or reading of an email or other digital message from us will not count as meaningful contact – this will only occur in cases where you click-through or reply directly.
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. The precise length of time will depend on the type of data, our legitimate business needs and other legal or regulatory rules that may require us to retain it for certain minimum periods. For example, we may be required to retain certain data for the purposes of tax reporting or responding to tax queries. We may also retain it if it might be relevant to any potential litigation. In jurisdictions that allow it, we will generally retain personal data relating to you where necessary to enable us to provide you or a future employer with a reference.In determining the appropriate retention period for different types of personal data, we always consider the amount, nature, and sensitivity of the personal data in question, the potential risk of harm from unauthorised use or disclosure of that personal data, the purposes for which we need to process it and whether we can achieve those purposes by other means (in addition of course to ensuring that we comply with our legal, regulatory and risk-management obligations, as described above). For the avoidance of doubt, we will also continue to process your personal data as a Candidate through the duration of your temp relationship and thereafter.