Purpose of processing and legal basis

The Company will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work. This includes for example, contacting you about job opportunities, assessing your suitability for those opportunities, updating our databases, allocating you vehicle movements, arranging payments to you and developing and managing our services and relationship with you and our clients.

In some cases we may be required to use your data for the purpose of investigating, reporting and detecting crime and also to comply with laws that apply to us. We may also use your information during the course of internal audits to demonstrate our compliance with certain industry standards.

The legal bases we rely upon to offer these services to you are:

• Your consent
• Where we have a legitimate interest
• To comply with a legal obligation that we have
• To fulfil a contractual obligation that we have with you

Legitimate interest

This is where the Company has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us.  Where the Company has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

• Managing our database and keeping driver records up to date;
• Contacting the individual to seek your consent where you need it;
• Providing work-finding services to the individual, including sending their information to your clients where they have demonstrated an interest in doing that particular type of work but not expressly consented to you passing on their cv;
• Contacting the individual with information about similar products or services that they have used from you recently; and
• Passing work-seeker’s information to debt collection agencies.

Recipients of data

The Company will process your personal data and/or sensitive personal data with the following recipients:

• Clients that you introduce or supply individuals to (e.g. logistics companies)
• Candidates’ former or prospective new employers that you obtain or provide references to
• Any other third parties who carry out audits to ensure that you run your business correctly
• Payroll service providers who manage your payroll on your behalf
• Any umbrella companies that you pass candidate data to
• Recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);
• Your insurers
• Your legal advisers
• Social networks
• Companies retained by us to assist in providing you with our services (“third party service providers”). This includes companies, which provide us with the communications services we use to send you email, SMS messages and vehicle movements to your smart phone. Where we do so, we will only share your personal data to the extent necessary and in accordance with contracts which require those organisations not to retain your personal data for any longer than needed or use it for any other purposes (including marketing).
• Your IT and CRM providers
• Any public information sources and third party organisations that you may use to carry out suitability checks on work-seekers e.g. Companies House, DVLA
• Government, law enforcement agencies and other regulators e.g. the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs), GLAA
• Trade unions
• Any of your group companies; and
• Any other organisations an individual asks you to share their data with. Please note that this is not an exhaustive list.

Statutory & contractual requirement

Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not the consequences of failure to provide the data are:

• Failure to provide the data means that the business cannot do all of the checks required to be able to introduce or supply a work seeker to a client

Overseas Transfers

The Company will not transfer the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

Data retention

The Company will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time.

We must also keep your payroll records; holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.

Where the Company has obtained your consent to process your personal data we will do so in line with our retention policy. Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data.

Your rights

Please be aware that you have the following data protection rights:

• The right to be informed about the personal data the Company processes on you;
• The right of access to the personal data the Company processes on you;
• The right to rectification of your personal data;
• The right to erasure of your personal data in certain circumstances;
• The right to restrict processing of your personal data;
• The right to data portability in certain circumstances;
• The right to object to the processing of your personal data that was based on a public or legitimate interest;
• The right not to be subjected to automated decision making and profiling; and
• The right to withdraw consent at any time.

Where you have consented to the Company processing your personal data you have the right to withdraw that consent at any time by contacting Ian Nichols on 0330 333 9265 or e: info@geminidrivers.co.uk

There may be circumstances where the Company will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we will restrict the data to only what is necessary for the purpose of meeting those specific reasons.

If you believe that any of your data that the Company processes is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.

You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.

Source of the personal data

The Company sourced your personal data/sensitive personal data by one of the following means:

• From online job boards and CV searches (This information came from a publicly accessible source)
• Face to face interviews following job application requests
• Submissions on our online portal
• Submissions from applications CV’s / emails / telephone calls

Complaints or queries

If you wish to complain about this privacy notice or any of the procedures set out in it please contact Ian Nichols on 0330 333 9265 or e: info@geminidrivers.co.uk

You also have the right to raise concerns with Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/, or any other relevant supervisory authority should your personal data be processed outside of the UK, if you believe that your data protection rights have not been adhered to.