Boomerang Support Services Limited of 320 Firecrest Court, Centre Park, Warrington, WA1 1RG is a “data controller” in relation to data we hold and process relating to our customers, customer’s businesses and customer’s employees, workers or contractors.
As a Data Controller, this means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this Privacy Notice.
This notice applies to prospective, current and former customers of the entity referenced above. This notice does not form part of any contract for the provision of services. We may update this notice at any time.
It is important that you read this notice, together with any other Privacy Notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
DATA PROTECTION PRINCIPLES
We will comply with data protection law. This says that the personal information we hold about you, your employees, workers and contractors must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
THE KIND OF INFORMATION WE HOLD ABOUT YOU, YOUR EMPLOYEES, WORKERS AND CONTRACTORS
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection.
We will collect, store, and use the following categories of personal information about you, your employees, workers and contractors:
We may also collect, store and use the following “special categories” of more sensitive personal information:
HOW IS PERSONAL INFORMATION COLLECTED?
We collect personal information about you, your employees, workers and contractors from the Data Controller for whom we are acting through the initial engagement and on boarding process, either directly over the telephone, or sometimes from an employment business/agency.
We may also collect additional information from third parties including credit reference agencies or other background check agencies to confirm your, your employees’, workers’ and contractors’ identities and suitability for our services or from the use of our website, or from the recruitment business.
We will also collect additional personal information in the course our engagement relating to services we provide.
We will collect this data from the following sources:
All data received and recorded will only be used in accordance with the purposes set out below and where we have a legal basis for processing this data.
IP addresses and cookies
You and your employees, workers and contractors have the option to opt-out and manage the cookies by altering the “help” settings on their browser. However, if you and your employees, workers and contractors choose to disables the cookie, this can impair the functionality of our website and web services being used.
HOW WE WILL USE YOUR, YOUR EMPLOYEE’S, WORKERS’ AND CONTRACTORS’ INFORMATION
We will only use personal information when the law allows us to. Most commonly, we will use personal information in the following circumstances:
1. Where we need to perform the contract we have entered.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for our legitimate interests (or those of a third party) and the interests and fundamental rights do not override those interests.
However, we can only do this if your, your employees’, workers’ and contractors’ interests and rights do not override ours. You and your employees, workers and contractors have the right to challenge our legitimate interests and request that we stop this processing.
We can process personal data for these purposes without your, your employees’, workers’ and contractors’ knowledge or consent. We will not use the personal data for an unrelated purpose without telling you, your employees, workers and contractors about it and the legal basis that we intend to rely on for processing it.
If you, your employees, workers and contractors choose not to provide us with certain personal data they should be aware that we may not be able to carry out certain parts of the contract between us. For example, if the employees, workers and contractors do not provide us with their bank account details we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you or your employees, workers and contractors may suffer from.
We may also use your, your employees’, workers’ and contractors’ personal information in the following situations, which are likely to be rare:
1. Where we need to protect their interests (or someone else’s interests).
2. Where it is needed in the public interest or for official purposes.
EXAMPLES OF WHEN WE MIGHT PROCESS YOUR, YOUR EMPLOYEES’, WORKERS’ AND CONTRACTORS’ PERSONAL DATA
We have to process your, your employees’, workers’ or contractors’ personal data in various situations during their engagement and even following termination of their engagement.
We may need to process your, your employees’, workers’ or contractors’ personal data for the following reasons:
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you, your employees, workers and contractors fail to provide personal information
If you, your employees, workers or contractors fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing our services to you), or we may be prevented from complying with our legal obligations or regulatory obligations (such as a report financial impropriety in relation to anti-money laundering).
Change of purpose
We will only use your, your employees’, workers’ and contractors’ personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your employees’, workers’ and contractors’ personal information for an unrelated purpose, we will notify your employees, workers and contractors and we will explain the legal basis which allows us to do so.
Please note that we may process your, your employees’, workers’ or contractors’ personal information without their knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
”Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your employees’, workers’ or contractors’ interests (or someone else’s interests) and they are not capable of giving their consent, or where they have already made the information public. We may also process such information in the course of legitimate business activities with the appropriate safeguards.
Our obligations as a service provider
We will use your particularly sensitive personal information in the following ways:
Do we need your, your employees’, workers’ or contractors’ consent?
We do not need your, your employees’, workers’ or contractors’ consent if we use special categories of their personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights and obligations as a service provider. In limited circumstances, we may approach you, your employees, worker and contractors for their written consent to allow us to process certain particularly sensitive data. If we do so, we will provide them with full details of the information that we would like and the reason we need it, so that they can carefully consider whether they wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
INFORMATION ABOUT CRIMINAL CONVICTIONS
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your, your employees’, workers’ and contractors’ interests (or someone else’s interests) and they are not capable of giving their consent, or where they have already made the information public.
We may also process such information about you, your employees, workers and contractors in the course of legitimate business activities with the appropriate safeguards.
We do not envisage that we will hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the nature of the services we provide and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the initial engagement process to assess your suitability or we may be notified of such information directly by you, your employees, workers and contractors in the course of our engagement. We will use information about criminal convictions and offences in the following ways:
We are allowed to use such personal information in this way to carry out our obligations during our engagement and in compliance with legal obligations imposed on the supply chain relating to atypical/temporary workers and contractors.
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your or your employees’, workers’ and contractor’s explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard such rights.
Your employees, workers and contractors will not be subject to decisions that will have a significant impact on them based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified them.
We may use some automated decision making in order for us to understand the information required from you, or your employees, workers and contractors in order for us to comply with our anti-money laundering obligation as we will use only search tools to assist us in the performance of Know Your Client and Identity Checking activities from time to time.
We may have to share your or your employees’, workers’ and contractors’ data with third parties, including third-party service providers and other entities in the Brookson Group.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU.
If we do, you can expect a similar degree of protection in respect of your, your employees’, workers’ and contractors’ personal information.
”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration, IT services, legal services and financial services. The following third-party service providers process personal information about you for the following purposes:
Brookson Legal Services Limited:
For the provision of legal support for the business during the course of your engagement with us. The reason for processing will be performance of a contract but we may also be share data to offer you products that may be of interest to you in which there is a legitimate interest to share.
All of our back office functions are performed by Brookson Limited in order to fulfil out contractual obligations.
Brookson Financial Limited:
Auto enrolment and pension compliance activities.
FCSA / ICAEW
For audit and regulatory compliance activities
For tax compliance activities
To enable them to manage the assignment on which you are engaged to provide services on our behalf and comply with their legal and regulatory obligations in relation to the same. There is a legitimate interest to share data for this purpose.
To whom you are engaged to provide services to enable them to manage your engagement, protect your health and safety at work, process working time and comply with their legal, regulatory and contractual obligations in relation to the same.
Credit Safe Limited
To assist us with our anti-money laundering checks, and to enable us to verify your identity and any right to work documents provided to us from time to time which we are legally obliged process data for.
Jordans Limited / Oswalds Limited
To carry out company incorporation and/or Company Secretarial services on our behalf in England and Wales / Scotland.
Kingsbridge Risk Solutions Limited
To support your business with insurance requirements in order for you to comply with best corporate governance or legal obligations
How secure is my employees’, workers’ and contractors’ information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your, your employees’, workers’ and contractors’ personal data for their own purposes. We only permit them to process the employees’, workers’ and contractors’ personal data for specified purposes and in accordance with our instructions.
When might you share my personal information with other entities in the group?
We will share your, your employees’, workers’ and contractors’ personal information with other entities in our group as part of our regular operations and reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data, for back office support and legal support.
What about other third parties?
We may share your, your employees’, workers’ and contractors’ personal information with other third parties, for example in the context of the possible sale or restructuring of the Brookson Group; regulatory compliance activities (as a member of the Freelance and Contractor Service Provider Association (FCSA)); and recruitment businesses to support us with work finding opportunities and services.
We have put in place measures to protect the security of your, your employees’, workers’ and contractors’ information and remain keen to comply with the requirements of ISO 27001. Details of these measures are available upon request.
Third parties will only process such personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your, your employees’, workers’ and contractors’ personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your, your employees’, workers’ and contractors’ personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your, your employees’, workers’ and contractors’ personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from our Group Data Protection Officer.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my employees’, workers’ and contractors’ information for?
We will only retain your, your employees’, workers’ and contractors’ personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our data retention policy which is available from our Group Data Protection Officer. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your, your employees’, workers’ and contractors’ personal information so that it can no longer be associated with them, in which case we may use such information without further notice to you. Once they are no longer an employee, worker or contractor of yours we will retain and securely destroy their personal information in accordance with our data retention policy or applicable laws and regulations (where appropriate).
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your, your employees’, workers’ and contractors’ duty to inform us of changes
It is important that the personal information we hold about your employees, workers and contractors is accurate and current. Please keep us informed if such personal information changes during your working relationship with us.
Your, your employees’, workers’ and contractors’ rights in connection with personal information
Under certain circumstances, by law your, your employees’, workers’ and contractors’ have the right to:
Each of the above items can be accessed by contacting the Boomerang Support Services team.
No fee usually required
Your, your employees, workers and contractors will not have to pay a fee to access their personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if their request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you, your employees, workers and contractors
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you, your employees, workers and contractors may have provided their consent to the collection, processing and transfer of their personal information for a specific purpose, they have the right to withdraw their consent for that specific processing at any time. To withdraw their consent, please ensure they respond to the point of contact from whom they received the last communication to which they consented, or our Boomerang Support Services. Once we have received notification that they have withdrawn their consent, we will no longer process their information for the purpose or purposes they originally agreed to, unless we have another legitimate basis for doing so in law.
DATA PROTECTION OFFICER
We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you or your employees, workers and contractors have any questions about this privacy notice or how we handle your personal information, please contact the DPO ([email protected]). You and your employees, workers and contractors have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact the Boomerang Support Services team.