Privacy Policy

Introduction

This Privacy Policy explains what we do with your personal data, whether we are in the process of 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, Candidates, Clients, Suppliers and other people whom we may contact to find out more about our Candidates or who they indicate is an emergency contact.

For 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 is Warman O’Brien Ltd.

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,

Notification of changes

If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and if under any circumstances, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time of collection, we will notify users by an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

What kind of personal data do we collect?

Candidate data:

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 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 background checks), and national insurance 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 may also collect information related to your health, diversity information or details of any criminal convictions.

Client data:

If you are a Warman O’Brien Ltd customer, we need to collect and use information about you, or individuals at your organisation, in the course of providing you with services such as:
1. Finding Candidates that are the right fit for you and your organisation
2. Providing you with a Managed Service Provider (MSP) programme (or assisting another or-ganisation to do so)
3. Providing you with Recruitment Process Outsourcing (RPO) services (or assisting another or-ganisation to do so
4. Notifying you of content published by Warman O’Brien Ltd 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 and emergency contacts:

To provide Candidates with suitable employment opportunities safely and securely and to provide for every eventuality for them and our Staff, we need some basic background information. We only ask for very basic contact details, so that we can get in touch with you either for a reference or because you have been listed as an emergency contact 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, 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.
A few 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, for example Candidates National Insurance Number and, religious affiliation, are required by statute or other laws. Other items may simply be needed to ensure that our relationship runs smoothly. Depending on the type of personal data in question and the grounds on which we may be processing it, should you decline to provide us with such data, we may not be able to fulfil our contractual requirements or, in extreme cases, may not be able to continue with our relationship.

How do we collect your personal data?

Candidate data:
There are two main ways in which we may collect you personal data:
1. Directly from you
2. From third parties

Client data:
There are two main ways in which we collect your personal data:
1. Directly from you
2. From third parties (e.g. our Candidates) and other limited sources (e.g. online and offline media).

Supplier data:
We collect your personal data during our work with you.

People whose data we receive from candidates and staff, such as referees and emergency contacts:
We collect your contact details only where a Candidate or a member of our Staff puts you down as their emergency contact or where a Candidate gives them to us in order to serve as a referee.

Website users:
We collect your data automatically via cookies when you visit our website, in line with cookie settings in your browser.

How do we use your personal data?

Candidate data:
The main reason for using your personal details is to help you find employment or other work roles that might be suitable for you. The more information we have about you, your skillset and your ambitions, the more bespoke we can make our service. Where appropriate and in accordance with local laws and requirements, we may also use your personal data for things like marketing, profiling and diversity monitoring. Where appropriate, we will seek your consent to undertake some of these activities.

Client data:
The main reason for using information about Clients is to ensure that the contractual arrangements between us can properly be implemented so that the relationship can run smoothly.

This may involve:
1. Identifying Candidates who we think will be the right fit for you or your organisation
2. Providing you with an MSP Programme (or assisting another organisation to do so)
3. Providing you with RPO services (or assisting another organisation to do so)
The more information we have, the more bespoke we can make our service.

Supplier data:
The main reasons for using your personal data are to ensure that the contractual arrangements between us can properly be implemented so that the relationship can run smoothly, and to comply with legal requirements.

People whose data we receive from candidates and staff, such as referees and emergency contacts.

We use referees’ personal data to help our Candidates to find employment which is suited to them. If we can verify their details and qualifications, we can make sure that they are well matched with prospective employers. We may also use referees’ personal data to contact them in relation to recruitment activities that may be of interest to them. We use the personal details of a Candidate or Staff members’ emergency contacts in the case of an accident or emergency affecting that Candidate or member of Staff.

Please note that communications to and from Warman O’Brien staff including emails may be reviewed as part of internal or external investigations or litigation.

Who do we share your personal data with?

Candidate data:
We may 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.

Client data:
We will share your data:
1. Primarily to ensure that we provide you with a suitable pool of Candidates
2. To provide you with an MSP programme (or assist another organisation to do so)
3. To provide you with RPO services (or assist another organisation to do so)
Unless you specify otherwise, we may share your information with any of our associated third parties such as our service providers to meet these aims.

Supplier data:
Unless you specify otherwise, we may share your information with any of our 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 and emergency contacts:
Unless you specify otherwise, we may 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.

How do we safeguard your personal data?

We care about protecting your information. We take every precaution to protect our users’ information. We will take reasonable steps to ensure the security of personal information that we hold, regardless of the form in which that information is held. This will include taking measures to prevent the misuse or loss, unauthorised disclosure, access to, or modification of this information.

Access to information held in various forms will be controlled by user logins and passwords. The site can restrict access only to persons who need access in the course of the company's business activities.

We will not disclose your personal information to any third party without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. From time to time, we may partner with companies based on user interests. These partner companies will never see your email address or any other information that could identify you or be used to contact you directly. Any exceptions to this policy of sharing your name, address or email id with a partner company will be done only with your permission.

Only employees who need the information to perform a specific job (for example, our accounts clerk or a marketing assistant) are granted access to your information.
The Company uses all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason the Company cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.

If you have any questions about the security at our website, you can send an email to Caroline O’Brien at caroline@warmanobrien.com

How long do we keep your personal data?

If we have not had meaningful contact with you (or, where appropriate, the company you are working for or with) for a period of two 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 litigations).

How can you access, amend or take back the personal data that you have given us?

Even if we already hold your personal data, you still have various rights in relation to it. To get in touch about these, please email us at info@warmanobrien.com. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of any applicable laws. Please note that we may keep a record of your communications to help us resolve any issues which you raise.

Right to object:
If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.

Right to withdraw consent:
Where we have obtained your consent to process your personal data for certain activities (for example, for profiling your suitability for certain roles), or consent to market to you, you may withdraw your consent at any time.

Data Subject Access Requests (DSAR):

Just so it’s clear, you have the right to ask us to confirm what information we hold about you at any time, and you may ask us to modify, update or delete such information. At this point we may comply with your request, or additionally do one of the following:

1. We may ask you to verify your identity, or ask for more information about your request
2. Where we are legally permitted to do so, we may decline your request, but we will ex-plain why if we do so

Right to erasure:
In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to “erase” your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do agree to your request, we will delete all of your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimise the chances of you being contacted in the future where your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.

Right of data portability:
If you wish, you have the right to transfer your data from us to another data controller. We will help with this – either by directly transferring your data for you, or by providing you with a copy in a commonly used machine-readable format.

Right to lodge a complaint with a supervisory authority:
You also have the right to lodge a complaint with the Information Commissioners Office.
If your interests or requirements change, you can unsubscribe from part, or all, of our marketing content (for example job role emails or newsletters) by clicking the unsubscribe link in the email.

Who is responsible for processing your personal data on the Warman O’Brien website?
Warman O’Brien Ltd controls the processing or personal data on its website.

Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

The below information explains the cookies we have setup on the website and why:

• If you create an account with us, then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out. However, in some cases, they may remain to register your site preferences, even after you have logged out. We use cookies when you are logged in so that we can remember your de-tails. This prevents you from having to log in every single time you visit our page. These cookies are typically removed or cleared when you log out to ensure that you can only ac-cess restricted features and areas when logged in.

• This site offers newsletter or email subscription services and cookies may be used to re-member if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

• When you submit data through a form such as those found on contact pages or comment sections, cookies may be set to remember your user details for future correspondence.

• In some special cases, we also use cookies provided by trusted third parties. This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web to help us understand how you use our site and ways that we can improve your experi-ence. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.

[Please note that in a few cases some of our website features may not function if you remove cookies from your browser.]

Log files
We use IP addresses to analyse trends, administer the site, track user activities, and to gather broad demographics for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing
We may share aggregated demographic details with our clients. This is not linked to any personal information that can identify any individual person.

1. Overseas Transfers
The Company may transfer the information you provide to countries outside the European Economic Area (“EEA”) that do not have similar protections in place regarding your data and restrictions on its use as set out in this policy. However, we will take steps to ensure ade-quate protections are in place to secure your information. The EEA comprises the EU mem-ber states plus Norway, Iceland and Liechtenstein. By submitting your information, you con-sent to these transfers for the purposes specified above.

2. Sale of business
If the Company’s business is sold or integrated with another business, your details may be disclosed to our advisers and/or any prospective purchasers and their advisers and will be passed on to the new owners of the business.

Links
This website contains links to other external websites. Please be aware that the Company is not responsible for the privacy practices of such sites. We encourage you to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Company’s website.
Our legal bases for processing your data

Legitimate interests
Article 6(1)(f) of the GDPR is the one that is relevant here – it says that we can process your data where it “is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data.”

We don’t think that any of the following activities prejudice individuals in any way – in fact, they help us to offer you a more tailored, efficient service, so everyone’s a winner! However, you do have the right to object to us processing your data on this basis.

Candidate data:
We think that it is reasonable to expect that if you are looking for employment or have posted your professional CV onto a job board or professional networking site, you are happy for us to collect and otherwise use your personal data to offer or provide our recruitment services to you, share that information with prospective employers and assess your skills against our bank of vacancies. Once it’s looking like you may get the job, your prospective employer may also want to double check any information you’ve given us (such as results from psychometric evaluations or skills tests) or to confirm your references, qualifications and criminal record, to the extent that this is appropriate and in accordance with local laws. We need to do these things so that we can function as a profit-making business, and to help you and other Candidates get the jobs you deserve.
We want to provide you with tailored job recommendations and relevant articles to read to help you on your job hunt. We therefore think that it is reasonable for us to process your data to make sure that we send you the most appropriate content.

We need to ensure that our business runs smoothly, so that we can carry on providing services to Candidates like you. We therefore also need to use your data for our internal administrative activities, like payroll and invoicing where relevant.
We have our own obligations under the law, which is a legitimate interest of ours to insist on meeting. If we believe in good faith that it is necessary, we may therefore share your data in connection with crime detection, tax collection or actual or anticipated litigation.

Client data:
To ensure that we provide you with the best possible service, we store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of our conversations, meetings, registered jobs and placements.

Supplier data:
We use and store the personal data of individuals within your organisation to facilitate the receipt or services from you as one of our Suppliers. We also hold your financial details, so that we can pay you for your services. We deem all such activities to be necessary within the range of our legitimate interests as a recipient of your services.

People whose data we receive from candidates and staff, such as referees and emergency contacts:

If you have been put down by a Candidate or prospective member of Staff as one of their referees, we use your personal data to contact you for a reference. This is a part of our quality assurance procedure and so we deem this to be necessary for our legitimate interests as an organisation offering recruitment services and employing people ourselves.

If a Candidate or Staff member has given us your details as an emergency contact, we will use these details to contact you in the case of an accident or emergency. We are sure you will agree that this is a vital element or our people-orientated organisation, and so is necessary for our legitimate interests.

Consent
In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent or soft opt-in consent.
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:
• 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 in-formation
• 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 unambigu-ous fashion
We will keep records of the consents that you have given in this way.
We have already mentioned that, in some cases, we will be able to rely on soft opt-in consent. We are allowed to market products or services to you which are related to the recruitment services we provide as long as you do not actively opt-out from these communications.
As we have mentioned, you have the right to withdraw your consent to these activities.
Establishing, exercising or defending legal claims
Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing “is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.”
This may arise, for example, where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.

Complaints or queries
The Company tries to meet the highest standards when collecting and using personal information. We take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.

If you wish to complain about this policy or any of the procedures mentioned herein, please contact Mark O’Brien at mark@warmanobrien.com

How to contact us
You can write to us at the following address:
Warman O’Brien
Regal House, 70 London Road
Twickenham
TW13QS
Alternatively, you can email us at info@warmanobrien.com