1. What is the purpose of this notice and who does it cover?
1.1. This privacy notice (notice) gives you information about how Ellaby Chamberlain Limited (Ellaby Chamberlain, we, us or our) collects and processes your personal data when you either register, or work with us, as a candidate.
1.2. References in this notice to ‘’you’’ or ‘’your’’ are references to candidates who use our services. It is important that you read this notice together with any other notices we may provide to you from time to time when we collect or process personal data about you during your interactions with Ellaby Chamberlain, so that you are fully aware of how and why we are using your personal data.
2. Who can I contact if I have any questions?
2.1. Ellaby Chamberlain is the controller for your personal data unless we notify you otherwise. Ellaby Chamberlain is registered with the UK Information Commissioner’s Office (ICO) with registration number ZB305004.
2.2. If you have any questions about this notice or the information we hold about you, including any requests to exercise your rights under data protection law, please contact us via email on info@ellabychamberlain.com.
3. What happens if this notice is updated or my personal data changes?
3.1 This version of the notice was last updated on 1 March 2022 and any historic versions can be obtained by contacting us at info@ellabychamberlain.com. We will publish any changes to this notice on our website and where necessary we will also send you a copy via email. It is important that the personal data that we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
4. How do we collect personal data?
4.1 We collect personal data about you from various sources including:
- from you when either we contact you, or you contact us, in either case via phone call, text, WhatsApp, email, LinkenIn message, online advertisement or www.ellabychamberlain.com;
- from publicly accessible sources such as LinkedIn;
- from other people when we check references or carry out background checks.
5. What personal data do we collect?
5.1 We collect the following categories of personal data about you:
- Personal contact details such as name, title, address, telephone number and personal email addresses;
- Date of birth; and
- Recruitment information (including copies of right to work documentation, references and other information in your CV or cover letter or otherwise provided as part of the application process).
6. How do we use your personal data?
6.1 We use your personal data for the following purposes:
- To make decisions about the recruitment process and your recruitment;
- To check you are legally entitled to work in the UK;
- To assess your qualifications for a particular job or task; and
- For business management and accounting purposes.
7. What is the legal basis of our data processing?
7.1 Under data protection legislation we are only permitted to use your personal data if we have a legal basis for doing so as set out in the data protection legislation. We rely on the following legal bases to use your personal data:
- Where we need personal data to enter into a contract with you;
- Where we need to comply with a legal obligation; and
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
7.2 The table below provides more detail about the personal data that we use, the legal basis that we rely on.
| Purpose | Data used | Legal basis |
| Recruitment decisions | Personal contact details, national insurance number, recruitment information, employment/engagement records, and compensation history. | Legitimate interests. It is in our legitimate interests to evaluate whether you have the necessary skills and qualities to perform the relevant role. |
| Right to work checks | Information relating to your right to work status. | Legitimate interest. It is in our interests to ensure that candidates have the right to work in the UK when we are searching for roles for candidates and employers. |
| To deal with legal disputes | Personal contact details, references, information submitted as part of the selection process and interview notes. | Legitimate interest. It is in our interests to process personal data to make and defend legal claims to ensure that our legal rights are protected. |
| Business Management & Accounting Purposes | Employment details, salary information. | Legitimate interest. It is in our interests to process certain personal data to administer our business. |
7.3 Some personal data is classified as "special category data” under data protection legislation. This includes information relating to racial or ethnic origin, religious beliefs or political opinions and trade union membership. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal data. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data. We may process special categories of personal data and criminal conviction information in the following circumstances:
- In limited circumstances with your explicit consent, in which case we will explain the purpose for which the personal data will be used at the point where we ask for your consent;
- We may use personal data relating to your racial or ethnic origin, your religious or philosophical beliefs, sexual orientation and socio-economic background for diversity monitoring purposes; and
- We will use personal data about your physical and mental health or disability status to comply with our legal obligations when finding a role for you.
8. What happens if you do not provide personal data that we request?
8.1 We need some of your personal data in order to conduct the recruitment and selection process. If you do not provide such personal data, we may not be able to continue with the recruitment process or offer you engagement. We explain when this is the case at the point where we collect personal data from you.
9. How long will personal data be retained?
9.1. We keep personal data that we obtain about you for no longer than is necessary for the purposes for which it is processed. How long we keep your information will depend on the nature of the information concerned and the purposes for which it is processed.
10. Sharing your personal data
10.1. Ellaby Chamberlain may share your personal data with third-party processors who provide services to us. These services include:
- employers who wish to use our services;
- third parties who provide outsourced operational services to us.
10.2. We may share your personal data with organisations where we have a legal obligation, contract or other legitimate interest to do so.
10.3. Your personal data may be transferred to other third-party organisations in certain scenarios, for example:
- if as part of your application to become a candidate we need to verify your professional membership with the SRA or other relevant professional bodies. We may need to share your name and membership number with the professional body that you claim to be a member of;
- if we are discussing selling or transferring part or all of our business, personal data may be transferred to prospective purchases under suitable terms as to confidentiality;
- if we are reorganised or sold, personal data may be transferred to a buyer who can continue to provide services to you;
- if we are required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority, for example the police, we may need to share your personal data; or
- if we are investigating or defending any legal claims your personal data may be transferred as required in connection with defending such investigations and/or claims.
11. Transferring data overseas
11.1. In some cases, we may need to transfer personal data outside the European Economic Area (EEA) and/or United Kingdom (UK). Where this is the case, we will only share the minimal amount of personal data necessary for the purpose of processing and, where possible, we will share the personal data in an anonymised form.
11.2. Whenever we transfer your personal data out of the EEA and/or UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- we may transfer your personal data to countries for whom there has been an adequacy decision by the European Commission and/or an adequacy regulation granted by the UK Secretary of State (as applicable) confirming that that country provides an adequate level of protection for personal data;
- we may use specific contracts approved by the European Commission and/or UK Data Protection Laws (as applicable) which give personal data the same protection it has within the EEA and/or UK. When we rely on this measure we will ensure that the third-party can comply with the provision of such contracts and we have confirmed that the country to which the personal data is transferred provides enforceable data subject rights and effective legal remedies for data subjects are available there; or
- a specific exception applies under applicable data protection law.
12. How we protect your personal data
12.1. We have appropriate security measures in place to prevent personal data from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
12.2. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
13. Marketing
We would like to send you information about products and services and events which may be of interest to you. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email or telephone. We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes. We will only ask whether you like us to send you marketing messages when you subscribe to receive our latest news and events on our website. If you have agreed to being contacted in this way, you can unsubscribe at any time by:
- contacting us at info@ellabychamberlain.com; or
- using the ‘unsubscribe’ link in emails or communications we send to you.
14. Your rights
14.1. Under data protection laws, you have rights including:
- Your right of access – You have the right to ask us for copies of your personal data.
- Your right to rectification – You have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete personal data you think is incomplete.
- Your right to erasure – You have the right to ask us to erase your personal data in certain circumstances.
- Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal data in certain circumstances.
- Your right to object to processing – You have the right to object to the processing of your personal data in certain circumstances.
- Your right to data portability – You have the right to ask that we transfer the personal data you gave us to another organisation, or to you, in certain circumstances.
- Rights related to automated decision making, including profiling - You have the right not to be subjected to a decision based solely on automated processing (including profiling) which may significantly affect you.
14.2. If you wish to exercise any of your rights, please contact us at info@ellabychamberlain.com. In most cases we will deal with your request as soon as possible and at the latest within one calendar month of the request. If we need to extend the time period for responding to your request, we will let you know within the one-month period. We do not charge a fee for any such requests unless there are exceptional circumstances.
15. Complaints
If you have any concerns about the personal data we use about you, you have the right to make a complaint at any time to the ICO by contacting them at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please feel free to contact us in the first instance via email at info@ellabychamberlain.com.
