Introduction

Welcome to Troi Limited’s Candidate Privacy Policy. This Privacy Policy is for candidates who we recruit or who apply to us to fill vacancies that we are asked to fill by our clients.  Candidates include both prospective and placed candidates and those who are directly employed by us but placed within one of our client organisations.

This Privacy Policy describes how we collect and use personal information about you during and after your relationship with us, in accordance with the UK General Data Protection Regulation (UK GDPR).

You will need to refer to our client’s privacy policy in respect of how they collect and use the personal information relating to you that they hold as this Policy only relates to how we collect and use your personal information.

This Privacy Policy applies to current and former candidates.  This Privacy Policy does not form part of any contract of employment or other contract to provide services.  We may update this Privacy Policy at any time but if we do so, we will provide you with a copy of the updated policy as soon as reasonably practical.

 

Please read this policy carefully – This version was last updated on 25/02/2022.

 

Who we are


Controller

Troi Limited is the controller in relation to your personal data (referred to as “Troi” “we”, “us” or “our”) in this Privacy Policy. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this Privacy Policy.

 

Contact Details

If you have any questions about this Privacy Policy or our privacy practices, please contact us in the following way:

Full name of legal entity:          Troi Limited

Email address:                          Compliance@talentarc.co.uk

Post address:                            12nd Floor, West Smithfield, London, England, EC1A 9JU

 

Data protection principles

We will comply with data protection law and principles, which means that your data will be:

  • Used lawfully, fairly and in a transparent way.
  • Collected only for valid purposes 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.
  • Kept only as long as necessary for the purposes we have told you about.
  • Kept securely.

 

The data we collect about you

We will collect, store, and use the following categories of personal information about you:

  • Information you provide to us when you interact with us through our website located at https://www.troi.io;
  • Personal contact details such as your name, title, address, telephone number, personal email address;
  • date of birth;
  • gender;
  • employment history, qualifications;
  • compliance documentation including right to work documentation;
  • National insurance number;
  • Bank account details, payroll records and tax status information;
  • Salary, annual leave, pension and benefits information;
  • Start date and, if different, the date of your continuous employment or engagement;
  • Leaving date and your reason for leaving;
  • Location of employment or workplace;
  • Employment records (including job titles, work history, working hours, holiday, training records and professional memberships);
  • Compensation history;
  • Performance information;
  • Disciplinary and grievance information;
  • Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.

We may also collect, store and use the following more sensitive types of personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
  • Information about your health, including any medical condition, health and sickness records.
  • Information about criminal convictions and offences.

 

How we collect your personal data

We collect personal data about candidates through the application and recruitment process, either directly from candidates or sometimes from a background check provider.  We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

We may collect additional personal information in the course of job-related activities throughout the period you are providing services to our client.

 

Our legal basis for processing your personal data

We only use your personal data when permitted by law as follows:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • We have a legitimate interest in using your personal data to determine your suitability for our clients’ business needs. We may also use your personal data in our legitimate interest if you have a complaint with our services and to deal with any claim by you.
  • We have a need to comply with a legal obligation.

We may also use your personal data 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.

We have set out below, in a table format, a description of all the ways we plan to use your personal data (excluding special category data which is dealt with separately below), and which the legal bases we rely on to do so.  We have also identified what our legitimate interests are where appropriate.

 

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us (a) Identity

(b) Contact

(c) Profile

Performance of a contract with you
To assess your skills, qualifications, and suitability for recruitment with our clients (a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

To carry out background and reference checks where applicable (a) Identity

(b) Contact

(c) Financial

 

(a) Necessary for our legitimate interests (to ensure we are recruiting suitable candidates for our clients)

(b) Necessary to comply with a legal obligation

 

To introduce you to our clients for the purpose of temporary, independent contract or permanent engagement (a) Identity

(b) Contact

(c) Financial

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To keep records related to our hiring processes (a) Identity

(b) Contact

(c) Profile

(d) Technical

(a) Necessary for our legitimate interests (to track the success of our services)

(b) Necessary to comply with a legal obligation

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)

Enrolling you in a pension arrangement in accordance with statutory automatic enrolment duties where you are employed by us (a) Identity

(b) Contact

(c) Financial

 

 

(a) necessary to comply with a legal obligation
Making decisions about salary reviews and compensation (a) Identity

(b) Contact

(c) Financial

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (incentivise staff and pay them appropriately)

Making decisions about your continued employment or engagement (a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

Education, training and development requirements (a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

Making arrangements for the termination of our relationship (a) Identity

(b) Contact

(c) Financial

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

(c) Necessary to comply with a legal obligation

Dealing with legal disputes involving you, or other employees, workers and contractors (a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

(c) Necessary to comply with a legal obligation

Managing sickness absence (a) Identity

(b) Contact

(c) Health

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

Complying with health and safety obligations (a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to prevent injury and accidents

(c) Necessary to comply with a legal obligation

To monitor your use of our information and communications systems to ensure compliance with our IT policies (a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to ensure our systems are being used properly and in accordance with our policies

Equal opportunities monitoring (a) Identity

(b) Contact

(c) Profile

(a) Necessary for our legitimate interests

(b) Necessary to comply with a legal obligation

To administer and protect our business and our technology (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content to you and measure or understand the effectiveness of the information we provide to you on our website (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, customer relationships and experiences (a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about clients of ours that may be of interest to you (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)
To expand our service to supporting you throughout your career and to support our client’s resourcing needs and strategies a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to improve our service to both candidates and clients)

 

 

How we use particularly sensitive personal information

“Special categories” of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

  1. In limited circumstances, with your explicit written consent.
  2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
  3. Where it is needed in the public interest, such as for equal opportunities monitoring.
  4. Where it is necessary to protect you or another person from harm.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below.

  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits. We need to process this information to exercise rights and perform obligations in connection with your employment.
  • If we reasonably believe that you or another person are at risk of harm and the processing is necessary to protect you or them from physical, mental or emotional harm or to protect physical, mental or emotional well-being.
  • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

 

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

We do not need your consent where the purpose of the processing is to protect you or another person from harm or to protect your well-being and if we reasonably believe that you need care and support, are at risk of harm and are unable to protect yourself.

 

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our privacy policy.

We do not envisage that we will hold information about criminal convictions.

 

If you fail to provide personal information

If you fail to provide information when requested, we may not be able to process your application successfully or able to perform the contract we have entered into with you. For example, if we require a credit check or references and you fail to provide us with relevant details, we will not be able to take your application further.

 

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

 

Disclosures and transfers of your personal data

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group and our clients for who we have recruited you.  The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration, IT services.

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.  Where you have applied for or been recruited for a role with a client based outside the UK and EEA we would need to  transfer your data to a third country in order to progress the application.  Such third country is not a jurisdiction in respect of which adequacy regulations have been made and this means that the country to which your data would be transferred is not deemed to provide an adequate level of protection for your personal information.   We will not transfer your personal data to a client based outside the UK or EEA except where we have your explicit consent.

Please see our Explicit Consent to International Transfer Form for more information at https://troi.io/explicit-consent-to-international-transfer-pdf/

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law.

 

Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

 

Data retention

We only retain your personal data for the period it is necessary to fulfil the purposes we collected it for, as well as for the purposes of our legal, accounting or reporting obligations. We determine the appropriate retention period for your personal data by considering the amount, nature, sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the applicable legal obligations, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the period of time which we consider you should be able to access your records. For further information about how long we retain our personal data please contact us at compliance@talentarc.co.uk.

 

Your duty to inform us of changes

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 your working relationship with us.

 

Your rights under the UK GDPR

If you wish to exercise any of the rights set out below, please contact us at compliance@talentarc.co.uk.

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

 

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

 

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

 

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us at compliance@talentarc.co.uk. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

 

Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will update those changes on https://troi.io/privacy-policy/ so you are always aware of what information we collect, how we use it, and the circumstance under which, if any, we disclose it.

 

Complaints handling

If you have any complaints concerning our processing of your personal data please contact us at compliance@talentarc.co.uk.

You have the right to submit a complaint with the supervisory authority or regulatory body which is responsible for the protection of personal data in the country where you live or work, or in which you think a breach of data protection laws might have taken place. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority or regulatory body so please contact us in the first instance.