Lawful Basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Vital interest of data subject means it is necessary to protect your vital interest and/or where it is believed you are in immediate danger.
Public interest means it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party to whom the data is disclosed.
Consent means we have explicitly obtained your consent to share your data for one or more specific purposes.
EXAMPLES
The lawful basis we rely upon when processing your personal data are:
CANDIDATES & EMPLOYEES
| Legal Base | Example of Purpose |
| Legal Obligation | To comply with law, e.g. HMRC, Tax legislation, UK Visas and Immigration, HSE, The Conduct of Employment Agencies and Employment Businesses Regulations 2003. |
| Contractual Obligation | For employment purposes; To process payroll; To assist us / you to establish / exercise or defend legal claims. |
| Legitimate Interest | o gain feedback to improve aspects of the organisation, enhance employee engagement and retention; For statistical purposes; To monitor Equality and Diversity; To prevent modern slavery by promoting and fulfilling our commitment to Stronger Together (e.g. stronger together questionnaire) |
| Consent | Where we have explicitly obtained your consent to share your data with other potential candidates e.g. to provide a testimonial and/or reference about employment with us.To monitor Equality and Diversity. |
| Public interest | Does not apply. |
| Vital Interest of Data Subject | Where necessary to protect your vital interest and/or where it is believed that you are in immediate danger, e.g. emergency services, police / GLAA / Modern Slavery Helpline. |
CLIENT
| Legal Base | Example of Purpose |
| Legal Obligation | To comply with law, e.g. HMRC and Tax legislation. |
| Contractual Obligation | To provide our services including work-finding, recruitment, training and related services; To assist us / you/your company to establish / exercise or defend legal claims. |
| Legitimate Interest | For marketing and public relations in relation to our services;To improve the services, we offer and provide including work-finding, recruitment, training and related services. |
| Consent | Where we have explicitly obtained your consent to share your data with other potential clients e.g. to provide a testimonial and/or reference about our service provision. |
| Public interest | Review if it applies where we supply into public sector. |
| Vital Interest of Data Subject | This is unlikely, however as we do host events at our offices, in the event of an emergency, the limited information we hold on you would be provided to emergency services as necessary. |
NEXT OF KIN
| Legal Base | Example of Purpose |
| Legal Obligation | Does not apply. |
| Contractual Obligation | Does not apply. |
| Legitimate Interest | To be able to inform applicant’s / worker’s /employee’s relative of an emergency and / or to clarify concerns about their wellbeing. |
| Consent | Does not apply. |
| Public interest | Does not apply. |
| Vital Interest of Data Subject | To be able to inform applicant’s / worker’s /employee’s relative of an emergency and / or to clarify concerns about their wellbeing. |
REFEREE
| Legal Base | Example of Purpose |
| Legal Obligation | To comply with law when supplying workforce to specific roles that require references. |
| Contractual Obligation | To meet our contractual obligation with clients by obtaining references for supplied workforce. |
| Legitimate Interest | To fulfil our recruitment requirements, of which referencing is a vital part. |
| Contractual Obligation | To meet our contractual obligation with clients by obtaining references for supplied workforce. |
| Public interest | Does not apply. |
| Vital Interest of Data Subject | Does not apply. |
SUPPLIER
| Legal Base | Example of Purpose |
| Legal Obligation | To comply with law, e.g. HMRC and Tax legislation. |
| Contractual Obligation | To perform a contract between gap and you / your company.To assist us / you/your company to establish / exercise or defend legal claims. |
| Legitimate Interest | For marketing and public relations in relation to our services.To improve the services, we offer and provide including work-finding, recruitment and related services. |
| Consent | Where we have explicitly obtained your consent to share your data with other potential suppliers e.g. to provide a testimonial and/or reference about our service provision. |
| Public interest | Does not apply. |
| Vital Interest of Data Subject | This is unlikely, however as ins some circumstances supplier visits our offices, in the event of an emergency, the limited information we hold on you would be provided to emergency services as necessary. |
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
