In accordance with the UK General Data Protection (UK GDPR) tailored by the Data Protection Act 2018, we have implemented this privacy notice to inform you, our contractors, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.

 

This notice applies to current and former contractors.

 

A) DATA PROTECTION PRINCIPLES

Under UK GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

 

1. processing is fair, lawful and transparent;
2. data is collected for specific, explicit, and legitimate purposes;
3. data collected is adequate, relevant and limited to what is necessary for the purposes of processing;
4. data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay;
5. data is not kept for longer than is necessary for its given purpose;
6. data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures;
7. we comply with the relevant UK GDPR procedures for international transferring of personal data.

 

B) TYPES OF DATA HELD

We keep several categories of personal data regarding contractors in order to carry out compliance review prior to appointment as if you were an employee. We keep this data in an electronic file relating to each Contractor.

 

Specifically, we hold the following types of data:

 

1. personal details such as name, address, phone numbers
2. in the instances of a sole trader we may need to check your right to work documentation
3. information gathered via competency process such as that entered into a CV or included in a competency cover letter, training certificates and or identification documents
4. references from previous employers or existing customers as required
5. National Insurance numbers where required for HMRC Verification for CIS
6. bank account details for payments
7. Screening certificate numbers and criminal convictions in the form of DBS – Basic or Enhanced checks as required to meet the performance of the contract
8. CCTV footage

 

C) COLLECTING YOUR DATA

You provide several pieces of data to us directly during the competency selection process and subsequently during subcontract works as required to meet the performance of a contract. 

 

In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.

 

Personal data is kept in the Company’s IT systems.

 

D) LAWFUL BASIS FOR PROCESSING

The law on data protection allows us to process your data for certain reasons only. We process your data in order to comply with a legal requirements as a registered and accredited company with governing bodies in order to effectively manage the subcontractor agreement we have with you. 

 

The information below categorises the types of data processing we undertake and the lawful basis we rely on.

Activity requiring your data	Lawful basis
Carry out the subcontractor agreement that we have entered into with you e.g. using your name, contact details, training certificates, competency statements, references etc	Performance of the subcontract agreement
Ensuring you are paid (bank details held)	Performance of the subcontract agreement
Where CIS applies ensuring tax is paid	Legal obligation
Carrying out checks in relation to your right to work in the UK (sole traders)	Legal obligation
Basic and Enhanced Disclosures checks	Performance of the Contract
Dealing with legal claims made against us	Our legitimate interests
Preventing fraud	Our legitimate interests
Ensuring our administrative and IT systems are secure and robust against unauthorised access	Our legitimate interests

 

E) SPECIAL CATEGORIES OF DATA

We do not process any special categories of data, which are defined under the UK GDPR as:  a) health

1. sex life
2. sexual orientation
3. race
4. ethnic origin
5. political opinion
6. religion
7. trade union membership
8. genetic and biometric data.

 

F)       FAILURE TO PROVIDE DATA

Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a subcontractor agreement with you. This could include being unable to offer you subcontract works.

 

G) CRIMINAL CONVICTION DATA

We will only collect criminal conviction data where it is appropriate given the nature of the subcontract works and where the law permits us. This data will only be collected if required by the subcontract works. We use criminal conviction data to determine your suitability, or your continued suitability for the subcontract works. We rely on the lawful basis of performance of the contract to process this data.

 

H) WHO WE SHARE YOUR DATA WITH

Employees within our company who have responsibility for the appointment of subcontractor works. All employees with such responsibility have been trained in ensuring data is processing in line with UK GDPR.  

 

Data is shared with third parties for the following reasons: 

• Our clients if required as proof of competency for Health & Safety related training records;                 Accountant or HMRC relating to taxes;
• Screening Company (currently SVS) if required by a contract to conduct DBS checks; and
• Insurance Company if the event of a claim related issue or to fulfil a legal obligation,

 

we may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.

 

We do not share your data with bodies outside of the European Economic Area.

 

I)       PROTECTING YOUR DATA

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such. 

 

J)        RETENTION PERIODS

We only keep your data for as long as we need it for, which will be at least for the duration of being appointed as an approved subcontractor with us though in some cases we will keep your data for a period after our agreement has ended. 

 

To determine the appropriate retention period for personal data collected as part of our agreement, 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 personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer engaged by us we will retain and securely destroy your personal information in accordance with our records retention schedule.

 

K) CONTRACTOR RIGHTS 

You have the following rights in relation to the personal data we hold on you:

1. the right to be informed about the data we hold on you and what we do with it;
2. the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”; c) the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
3. the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
4. the right to restrict the processing of the data;
5. the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
6. the right to object to the inclusion of any information;
7. the right to regulate any automated decision-making and profiling of personal data.

More information can be found on each of these rights in our separate policy on employee rights under UK GDPR.

 

L)      CONSENT

You have the right to withdraw consent to processing your data at any time. This means that we will stop processing your data and consequently terminate any contract for services where the data is required as evidence as part of the contract. 

 

M) MAKING A COMPLAINT

If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House,

Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.

 

N) DATA PROTECTION COMPLIANCE

Our appointed compliance officer in respect of our data protection activities is:

Krystal Simmonds, Company Secretary, 020 3637 3555 or admin@carter-group.co.uk.

 

 

Issue Record

Version No	Review	Date
V1	Original issue	22/05/2018
V1	Reviewed	30/01/2019
V2	Carter Group.	03/02/2020
V2	Reviewed.	03/02/2021
V2	UK GDPR implemented, policy reviewed.	24/01/2022
V2	Reviewed.	31/01/2023