Privacy policy - Updated September 2020

Itchyfeet Recruitment Agency (Itchyfeet) is a recruitment business which provides work-finding services to clients and candidates. The Company must process personal data (including sensitive personal data) so that it can provide these services and in doing so Itchyfeet acts as a data controller.  Therefore complying with the current GDPR and Data Protection Laws governing Guernsey, Jersey and the Isle of Man and as applicable to each country.  We understand and take our responsibility of holding your personal data very seriously, we will only collect and use your information in ways that are described within this policy. We will ensure that data held is used lawfully, fairly and in a transparent way, and collected only for valid purpose that we have clearly explained to you and not used in any way that is incompatible with those purposes, relevant to the purposes we have told you about and limited only to those purposes, accurate and kept up to date.  Your data will be kept only as long as necessary for the purpose we have told you about and kept securely. 

This privacy policy explains how we collect and process your personal data and how we comply with our legal obligations to you.  Whether you are a ‘candidate’ in the process of finding alternative employment, or continuing our relationship with you once we have found you a role, a ‘client’ where we are providing you with suitable candidates for your open vacancies, or as a ‘supplier’ where we are receiving a service from you. 

The policy applies to the personal data gathered directly from you and from our website users, to include candidates, clients, suppliers and other third parties or emergency contacts provided to us by the candidate, whom we may contact to enable us to carry out our services as a recruitment agency, or of our staff.  If you are a staff member of Itchyfeet you should also refer to the Itchyfeet staff privacy policy.  Please do bear in mind that depending on the type of personal data in question and the grounds on which we may be processing it, should you decline to provide us with such data, we may not be able to fulfil our contractual requirements or, in extreme cases, may not be able to continue with our relationship. 

It is important to point out that we may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here. 

How we collect your personal data: 

Itchyfeet collects the personal data using various different ways list below: 

• Your interaction with us, including telephone, email and the use of our website
• Contact forms on our website
• CVs
• Application forms or other material you provide to us during the course of your business relationship with us
• Sources that are accessible to the public such as social networks, the internet and/ or any commercial registers
• Data analytics providers
• Credit reference agencies 

The information we collect: 

• Candidate Data: We may collect some, or all of the data mentioned below, however this can very much depend on the circumstances surrounding a candidate’s job search, or the applicable local law and client contractual duties we are required to meet. In all circumstances we will be clear with you on the requirements of our clients. 

• Personal contact details such as: name, address, telephone numbers and email addresses
• Date of birth
• Gender
• Marital status and dependants
• Next of kin and emergency contact information
• Social security number
• Bank account details, payroll records and tax status information
• Salary, annual leave, pension and benefits information
• Start date
• Location of employment or workplace
• Photo identification, e.g. passport or driving licence
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process)
• Certificates of any Academic and/or any Professional Qualifications obtained
• Employment records (including job titles, work history, working hours, training records and other professional memberships)
• Remuneration history
• Performance information
• Disciplinary and grievance information
• Information about your use of information and communications systems
• Information we collect automatically through cookies and similar technologies through our online services (please see our website policy for more details)
• People whose data we receive from candidates and staff, such as referees and emergency contacts
• We may also collect and process the following “Special Categories of Data”:
• Information about your health, including any medical condition, health and sickness records
• Data revealing a person’s racial, ethnic origin, political opinion, religious or philosophical belief or trade union membership
• Information about criminal convictions and offences

Client Data: As a client of Itchyfeet, we need to collect and use information about you, or individuals at your organisation. Generally, this data is limited and we only need to have your contact details, or the details of individual contacts at your organisation (such as names, telephone numbers and email addresses) in the course of providing you services such as: (i) sourcing Candidates who are the right fit for you or your organisation; (ii) providing you with a Managed Service Provider (MSP) or assisting another organisation to do so); (iii) providing you with Recruitment Process Outsourcing (RPO) services (or assisting another organisation to do so); and/or (iv) notifying you of content published by Itchyfeet Recruitment, which is likely to be relevant. 

Supplier Data: We need a small amount of information from our Suppliers to ensure that things run smoothly. We need contact details of relevant individuals at your organisation, so that we can communicate with you. We also need other information such as your bank details so that we can pay for the services you provide (if this is part of the contractual arrangements between us).  

Website Users: We collect a limited amount of data from our Website Users which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes information such as how you use our website, the frequency with which you access our website, and the times that our website is the most popular. 

How your personal data is collected 

We collect your personal information when you contact us to ensure that we can deal with your enquiry and provide you with work related services.  Your data is collected in a number of different ways, such as: 

• Your interaction with us, including telephone, email, writing and the use of our website
• Contact forms linked or downloaded from our website, or forms given to you
• CVs uploaded or given directly to us
• Application forms or other material you provide to us during the course of your business relationship with us
• Sources that are accessible to the public such as social networks, the internet and/ or any commercial registers
• IP address (a unique number that will identify a computer) or google analytics (data software)
• Credit reference agencies 

How Itchyfeet uses your personal data 

We will only use your data when on a lawful basis. This will mainly be because the data is necessary for our performance of a contract with you, where we need to comply with a legal obligation, and because you have consented to our use of your personal data, or because it is in our legitimate business interest to use it.  Your personal data will be used for and/or may be used for one of the following purposes: 

• Providing our professional recruitment services to you and managing our relationship with you
• Business management (accounting and auditing)
• Processing legal disputes involving you
• Forwarding your relevant Personal Data onto prospective employers in our role as an recruitment agency, this may include other jurisdictions where you have indicated your willingness to relocate
• Communicating with you. This may include responding to e-mails, text messages or calls from you
• Supplying you with information by e-mail, text message and/or post that you have opted-in to (you may unsubscribe or opt-out at any time by contacting us by your preferred method)
• Data analytics - with your permission and/or where permitted by law, we may also use your Personal Data for marketing purposes, which may include contacting you by e-mail, post, text message, or telephone with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Law and you will always have the opportunity to opt-out / withdraw consent. 

We may also use your personal information in the following situations, which are likely to be rare: 

• Where we need to protect your interests (or someone else's interests).
• Where it is needed in the public interest. 

Special Category Data is only processed in limited circumstances and with your written consent, unless you are not capable of giving consent, and where it is needed in the public interest or your best interest, for legal claims and in line with the data protection policy. 

We do not need your consent to process Special Category Data as it is written in our policy, however we may request your permission and if doing so we will email / write to you and provide you with the information as to why we are requesting your consent so that you are aware. 

To withdraw or opt out please email your request to: website@itchyfeetoffshore.com 

Who is responsible for processing your personal data? 

Itchyfeet controls the processing of personal data. If you have any comments or suggestions concerning this privacy policy, please get in touch, by writing to Sarah Wheeldon, Data Controller, Itchyfeet, Ground Floor, 33 Gloucester Street, St Helier, Jersey, JE2 3QR. We take privacy seriously, so we'll get back to you within 30 days. 

How long do we keep your data for? 

If we have not had meaningful contact with you for a period of 6 years, unless if by law we are required to store it for longer.  We will either ask you to re-consent holding your data, or delete your personal data from our systems unless we believe in good faith that the law or other regulation requires us to preserve it (for example, because of our obligations to local authorities or in connection with any anticipated litigation). 

When we refer to "meaningful contact", we mean, for example, communication between us (either verbal or written), or where you are actively engaging with us and using our services. We will consider there to be meaningful contact with you if you submit your updated CV, communicate with us about potential roles, either by verbal or written communication or click through from any of our marketing communications. Your receipt, opening or reading of an email or other digital message from us will not count as meaningful contact – this will only occur in cases where you click-through or reply directly. 

How and where we store or transfer your personal data

We store or transfer your Personal Data within the European Economic Area (“EEA”) and the Channel Islands. This means that it will be fully protected under the Law. 

How can you access, amend or take back the personal data that you have given us? 

One of the GDPR's main objectives is to protect and clarify your rights with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below. 

Even if we already hold your personal data, you still have various rights in relation to it.  To get in touch about these rights, please email us website@itchyfeetoffshore.com.  We will seek to deal with your request without undue delay, and in any event within 30 days (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise. 

Right of access: you may ask us to confirm what information we hold about you at any time. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is "manifestly vexatious, unfounded or excessive”. Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will always tell you the reasons for doing so. 

Right to rectification: you have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision. 

What other rights do I have?

You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following: 

The data is no longer necessary for the purpose for which we originally collected and/or processed them; 

• Where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing;
• The data has been processed unlawfully (i.e. in a manner which does not comply with the GDPR);
• It is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or
• If we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.
• We would only be entitled to refuse to comply with your request for one of the following reasons:
• To exercise the right of freedom of expression and information;
• To comply with legal obligations or for the performance of a public interest task or exercise of official authority;
• For public health reasons in the public interest;
• For archival, research or statistical purposes; or
• To exercise or defend a legal claim. 

• When complying with a valid request for the erasure of data we will take all reasonably practicable steps to delete the relevant data. 

• Right to restrict processing: you have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise or defence of legal claims, or the protection of the rights of another individual.
• The circumstances in which you are entitled to request that we restrict the processing of your personal data are:
• Where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;
• Where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;
• Where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and
• Where we have no further need to process your personal data, but you require the data to establish, exercise, or defend legal claims.
• If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
• Right of data portability: if you wish, you have the right to receive and transfer your personal data between data controllers where technically feasible. This right of data portability applies to: (i) personal data that we process automatically (i.e. without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract.
• Right to object to processing: this right enables you to object to us processing your personal data where we do so for one of the following four reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials; and (iv) for scientific, historical, research, or statistical purposes.
• The "legitimate interests" and "direct marketing" categories above are the ones most likely to apply to our website users, candidates, clients and suppliers. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:
• We can show that we have compelling legitimate grounds for processing which overrides your interests; or
• We are processing your data for the establishment, exercise or defence of a legal claim.
• If your objection relates to direct marketing, we must act on your objection by ceasing this activity.
• Right not to be to be subject to a decision based solely on automated processing: we do not base any decisions solely on automated processing of your personal data, but if we did you would have the right to restrict our use of your data for this purpose.
• You also have the right to lodge a complaint with your local authority. Details of how to contact them can be found https://dataci.org/
• If registered for newsletters or job alerts, you may ask to unsubscribe from job alerts at any time.
• It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold your data.
• If you have any questions relating to this privacy policy please contact us by email at website@itchyfeetoffshore.com and we will endeavour to respond to your query promptly.