The Fresh Group - Privacy Policy

This Privacy Policy covers our use of personal information which we collect via our website or through direct contact with you. The Fresh Group is committed to protect your personal data in our dealings with you. Please read this Privacy Policy carefully so you can understand how we collect and use the personal information provided.

Personal Information is any personally identifiable information, such as your name, email address, home or work address, telephone number, bank details or tax codes, which can directly or indirectly identify you. We refer to it as “Personal Information” here.

Information we collect from you

When you interact with us in the different ways described below, we may ask you for the following information:

• personal and contact details (for example your name, email address, date of birth, gender)
• personal and contact details you provide when subscribing to receive emails, newsletters or marketing information from us
• during pre-assignment vetting we will request details including, your name, your work history, qualifications, contact details (such as email, telephone number and home address), your right to work documents, details required for equality and discrimination legislation checks and your personal preferences, choices and requirements specific to particular requests or services
• details of your education, employment history, bank details and national insurance number, references, right to work and other information provided (e.g. the information contained within your CV) when you engage with us for the provision of services
• information from social media activity (such as likes, shares and tweets) when you interact with us on social media
• information you provide should you report a problem with our website or service
• additional information which you provide voluntarily and/or which we may ask from you to better understand you and your interests.

We may also collect sensitive personal information about you (including details of your physical or mental health, racial or ethnic origin, criminal allegations or offences, trade union membership and/or other sensitive personal information that you may choose to provide to us voluntarily from time to time.

How, when & why we collect your personal information

We may collect your personal information when you apply for a role through us (or otherwise contact us from time to time) by:

• responding to an advert on a job-board or other website
• by directly contacting our business
• by filling in an application form within a branch
• when you speak to one of our consultants by telephone
• another agency or organisation passes your details to us

Why do we collect your personal information?

We collect and use your personal information because it is necessary to obtain certain details required from you during the work-searching process and it is in our legitimate interests in the course of operating our business, including:

• responding to your queries
• providing work-finding services and/or information to you
• transmitting personal information between our offices or functions for internal administrative purposes
• setting you up on a work assignment with a client
• hosting and maintaining our websites
• ensuring network and information security
• carrying out direct marketing

However, we will only collect, use and handle your personal information when;

• it is necessary for our legitimate interests in connection with carrying out our business, as long as in each case, these interests are in line with applicable law and your legal rights
• and/or where you have agreed
• and/or where this is necessary for legal obligations which apply to us

How we use your personal information

• We undertake the following processing of your personal information on the legal basis that it is necessary to perform the contract with you and to provide the services we have agreed to provide to you. Where we have not entered into a contract with you, we may also carry out this processing because in that pre-contractual stage where we consider it is necessary in our legitimate business interests in order to deal with requests, enquiries or comments you have made to us.
• Submission of details to clients - if you register to apply for a particular role, request to be put forward for a role or if you have asked us to put you forward for suitable roles, we will share some of your personal details including your name, work history and qualifications with our clients offering potential roles which may be suitable for you.
• On-boarding for a work-assignment – If you are offered and accept a work assignment through us, we will need further personal information such as NI number, bank details, emergency contact details and some medical information in order to fulfil our statutory and contractual obligations to both you and our client.
• Reporting to clients and managing timesheets, payroll and work performance – we sometimes need to prepare reports for clients relating to the services provided by us for example reports on financial or administrative matters or compliance with legal requirements. Such reports may contain your personal information such as your name, hours worked and pay rate. In addition, we may need to manage submission of timesheets, payroll services and other Human Resourcing services such as managing your statutory rights and work appraisals for our clients, all of which would require use of your personal information.
• Other lawfully permitted processing - we may also use any personal information that you provide to us for example to other branches within the Company or to employers or any other company who you ask us to approach on your behalf for work-searching purposes. If you choose not to provide personal information requested by us, we may not be able to provide you with the services and/or information you have requested or otherwise fulfil the purpose(s) for which we have asked for the personal information, including placing you in a work-assignment. We will where possible anonymise or aggregate such data for reporting purposes.

We undertake pre-assignment vetting

Pre-assignment vetting - we collect your personal information which you provide to us when applying for a role or registering for our job-finding services to comply with our (and clients) legal obligations regarding your right to work and any necessary qualifications for roles. We may also process your personal information for this purpose where we consider it necessary for performance of the contract with you, or otherwise with your consent.

We undertake the following processing of your personal information with your consent.

Marketing - where legally permitted to do so where you have provided us with your contact details and have agreed to be contacted for marketing purposes, we may contact you by telephone or by post for marketing purposes relating to our services, our website, and/or to research opinion on proposed business developments. Your agreement to the use of your personal information for these purposes is optional (see ‘marketing opt-out’ below) and if you fail to provide your agreement, your use of our work-finding services will not be affected.

Marketing Opt-Out - you are entitled to opt out from receipt of marketing communication at any time by using the unsubscribe option included in any marketing e-mail or other marketing material received from us.

Website Cookies - we use cookies on our website. You can find out about the cookies we use and why we use them by viewing our cookie policy.

Sharing information with third parties

Some services that we provide require the involvement of third parties. We have carefully selected these third parties and taken steps to ensure that your personal information is adequately protected. The third parties may include our clients, suppliers of IT services, pay-rolling services or vetting services.

Where we employ third party companies or individuals to process personal information provided by us on our behalf for business functions, including (without limitation) IT support, hosting our data on cloud platforms, legal, accounting, audit, consulting and other professional service providers, and providers of other services related to our business. Portions of our services may be provided by organisations with which we have a contractual relationship, including subcontractors, and, accordingly, your personal information may be disclosed to them. We only provide these organisations with the information that they need to be able to perform their services.

We will have in place an agreement with our service providers which will restrict how they are able to process your personal information.

Sharing within the Company and to Service Providers

The personal information provided is collected by Fresh Talent & HR Consulting Limited or one of its subsidiaries. However, where we are legally permitted to do so in accordance with this Privacy Policy, we may transfer your personal information between and to other functions or offices within the same corporate group for the purposes set out above.

We may also provide your information to other third parties such as regulators and law enforcement agencies, where we are required by law to do so, where necessary for the purposes of preventing and detecting fraud, other criminal offences and/or to ensure network and information security.

How long we store your information

It is our policy to retain your personal information for the length of time required for the specific purpose or purposes for which it was collected, which are set out in this Privacy Policy. However, on occasion we may be obliged to store some data for a longer time, for example, where a longer time period is required by applicable laws. In this case, we will ensure that your Personal Data will continue to be treated in accordance with this Privacy Policy.

Security & confidentiality

We employ appropriate security measures to help protect your personal information and guard against access by unauthorised persons. Information storage is on secure computers in a secure environment, or in secure, locked storage in the case of hard copy information. The information is encrypted wherever possible and we undergo periodic reviews of our security policies and procedures to ensure that our systems are secure and protected. However, transmission of information via the internet is not completely secure so we cannot guarantee the security of your information when it is transmitted to our website or from third party websites such as job boards.

We acknowledge that the information you provide may be confidential. We do not sell, rent, distribute or otherwise make personal information commercially available to any third party, but we may share information with our service providers for the purposes set out in this Privacy Policy. We will keep your information confidential and protect it in accordance with our Privacy Policy and all applicable laws.

Your rights

You may withdraw your consent to receiving marketing at any time. It is important to us that you are in control of your own information. As a result, we offer the following controls;

You may request access to or copies of the Personal Information that we hold about you. If you would like to exercise this right, please contact us at GDPR@thefreshgroup.org or the address below

If you believe that any information we have about you is incorrect or incomplete, please contact us GDPR@thefreshgroup.org as soon as possible. We will take steps to correct or update any information if we are satisfied that the information we hold is inaccurate. You may request that we restrict our processing. You may request that your personal information be deleted, where it is no longer necessary for the purposes for which it is being processed and provided there is no other lawful basis for which we may continue to process such information

To the extent we are processing your personal information to meet our legitimate interests (as set out above) you may object to the processing of your personal information by us. If we are unable to demonstrate our legitimate grounds for that processing, we will no longer process your personal information for those purposes

You may withdraw any consent given to processing, or, where we are processing your personal information automatically for the purposes of performing our contract with you, you may have the right to request that the personal information we hold about you be transferred to a third party data controller

Where we may undertake automated decision making we will request your explicit consent if the decision making is not authorised by law or necessity for the performance of a contract

You may also request that we restrict the processing of your data to that to which you have consented or for the establishment, exercise or defence of legal claims or the protection of the rights of another person, whilst we verify your data as set out in point 2 above, pending verification of our legitimate grounds as set out in point 4 above, or if the processing is unlawful or no longer necessary, but you wish us to retain your data for the purposes of establishing, exercising or defending legal claims.

Please contact GDPR@thefreshgroup.org and we will assist you and provide you with all rights to which you are entitled in relation to your personal information under applicable data protection law.

If you are unhappy with the way that we have handled your personal information, you can make a complaint to the Information Commissioners Office (ICO) which is the UK authority responsible for data protection. Contact details are available online, or alternatively please request assistance on GDPR@thefreshgroup.org