Data Protection Policy
Last update - September 2023
Gemserv Limited – A Talan Company of 8 Fenchurch Place, London, EC3M 4AJ is a company registered in England and Wales under the registration number 04419878.
In this notice we refer to Gemserv Limited collectively as ‘we’, ‘us’ or ‘our’, as applicable. ‘You’ are the person, representative or organisation reading this notice.
Gemserv (a Talan company) hereinafter called Gemserv is committed to conducting its business in accordance with all applicable Data Protection laws and regulations and in line with the highest standards of ethical conduct and in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA2018)
Gemserv is committed to safeguarding your privacy; this privacy notice aims to give you information on how Gemserv collects, processes and treats your personal data when you apply for a role with us. This includes any data you may provide through this website. We should make it clear that this is a recruitment website and is not designed, nor intended, for children. Therefore, we do not knowingly collect data relating to children via this process.
Gemserv have entered into a joint controller relationship with the parties listed in ‘Who are the Data Controllers’ on the basis that that Gemserv and Talan SAS have been deemed as adequate in the line with UKGDPR and GDPR legislation.
This policy is effective from [TBC}
‘Candidate / Applicant’ refers to the person who has sent an application and/or has been contacted by a TALAN Group entity or through a recruitment agency concerning a job offer.
‘Data subject’ is the individual who is the subject of the relevant personal data.
‘Data controller/Joint data controller’ is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
‘Data processor’ is a natural or legal person, public authority, agency or any other body that processes personal data on behalf of the controller.
"Employee" refers to the person who has been recruited by an entity of the TALAN Group, regardless of their status.
'GDPR’ refers to the UK General Data Protection Regulation (EU) 2016/679
‘UKGDPR’ refers to the UK General Data Protection Regulation 2016/679 (the GDPR) (as incorporated into UK law under the UK European Union (Withdrawal) Act 2018
‘DPA2018’ refers to the Data Protection Act 2018 (UK)
‘HR or Human Resources’ means any department or member of a department involved in personnel management, recruitment, payroll within Gemserv.
‘Personal data’ means any information relating to an identifiable person who can be (i) directly or (ii) indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘TALAN Group’ means TALAN SAS and all of its subsidiaries.
2. WHO ARE THE DATA CONTROLLERS ?
Full company details of Gemserv are as follows:
Name: Gemserv Limited, Company number 04419878
Registered office address: 8 Fenchurch Place, London, EC3M 4AJ
Gemserv are joint data controllers with the following party:
Talan SAS, Paris Trade and Companies register number 488 601 337
Registered office address: 19-21, rue Dumont d'Urville, 75016 Paris, France
Telephone: +33 (0) 1 42 97 96 96 | Fax: +33 (0) 1 42 97 96 90
As part of these data controller arrangements, the parties process personal data in relation to the recruitment and associated activities. The arrangements cover the following activities:-
- The processing of names, addresses and contact details of Applicants and prospective Applicants for vacancies
- Professional experience of applicants and prospective Applicants
With these arrangements, the following responsibilities will apply:
- Delivery and maintenance of this Privacy Notice – Gemserv Limited
- Due diligence of software providers which Parties use to process applicant and prospective applicants Personal Data locally and appropriate contractual data processing arrangements in place: Talan SAS
- Maintaining a single point of contact for data subject requests: Gemserv
- Notification of a personal data breach originating from or affecting the usage of the recruitment website to the Information Commissioner’s Office and Data Subjects, where applicable – Gemserv Limited
- Establishing retention periods for personal data processed for recruitment: Gemserv
- Conducting Data Protection Impact Assessments on relevant recruitment software: Talan SAS and Gemserv
3. WHAT DATA ARE COLLECTED?
In general, we commit to ensure that Personal Data are collected and processed in a lawfully, fairly and transparent manner. We will inform all Data Subjects of the purpose of the collection and processing of their Personal Data, only collect Personal Data that is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed, and kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
The Personal Data that we may collect are the following:
- Identifying information : your name, home address, telephone number, e-mail address.
- Job application data: your name, e-mail address, telephone number, professional experience as well as all the information that you provide to us by submitting your application and/or resume and/or interviews: photo, skills, level of education, languages spoken, salary expectations, home address, hobbies, family situation, etc., if you wish to apply for a position within Gemserv Limited.
- Professional data: your name, your position, your company of affiliation,
4. WHY IS YOUR DATA COLLECTED ?
Each Data Subject is informed in a clear and precise manner of the purpose and objective sought by the collection and Processing of their Data.
We only collect your personal data when you submit an application to us using this website, when you e-mail us your details or as we receive from any agencies we use for recruitment purposes or to whom you pass your personal data.
Your personal data that we process throughout the recruitment process will include:
- Information related to your contact details and professional profile: this information varies from your name, address, phone number, email address to your education, training, work history, and social media engagement, as well as your emails with us. In order to undertake steps necessary before entering in a contract with you, we use this information to communicate with you about the recruitment process and assess your skills, qualifications and suitability for the position. We may also need to retain this information for a defined period to keep the records of our hiring process in order to address any legal claims as per our legitimate interest.
- Information related to your test results: we may process information about scores and feedback on your aptitude and skills tests if you are required to undertake them. Whilst undertaking steps necessary before entering in a contract with you, this information will help us to assess your suitability and skills required for a position. We may also need to retain this information for a defined period to keep the records of our hiring process as per our legitimate interest.
- Your CCTV footage: if you are invited to attend an interview or hosted event at our premises, your images will be recorded by our CCTV cameras in communal areas. This footage will be used for our legitimate interest necessary to ensure the safety of our premises, assets and staff.
We will not collect information on your criminal convictions during the course of your application.
5. HOW LONG CAN YOUR DATA BE STORED ?
We will hold your application data for a period of 2 years from your application after which we will delete this information. We will only extend this period on the basis of your consent or in the event of you being successful awarded a position.
In certain circumstances some personal data may be archived for a longer period where required by law or for the exercise or defence of legal claims (ex.: statute limitation period during which someone can bring a legal action to courts).
6. WHAT ARE YOUR RIGHTS AS A DATA SUBJECT AND HOW CAN YOU EXERCICE THEM ?
Under the UKGDPR data subjects have the following rights:
- The right to be informed of any data processing
- The right of access to your personal data
- The right to rectification of your personal data, in some circumstances
- The right to erasure of your personal data, in some circumstances
- The right to restrict processing of your personal data, in some circumstances
- The right to data portability, in some circumstances
- The right to object to the processing of your personal data, in some circumstances
- The right to withdraw consent to the processing of your personal data, where applicable.
If you wish to exercise your rights as a data subject, please contact us at dataprivacy@ or email@example.com. gemserv. com
Additionally, if you are aged under 13, we may require your parents’ or guardian’s consent for you to exercise any of your rights.
You also have the right to make a complaint at any time to the Information Commissioner’s Office (ico.org.uk). We would, however, appreciate the chance to solve your concerns first before you approach the supervisory authority, so please do contact us in the first instance.
If you wish to enquire further about how we use your information during the recruitment process and the standards we apply to it, please contact: dataprivacy@ or firstname.lastname@example.org. gemserv. com
7. WHO WE SHARE INFORMATION WITH
We may store your personal data with our third-party software providers. This may include on our databases provided by Microsoft, located in servers outside of the United Kingdom or the EEA. We rely on Standard Contractual Clauses for such transfers. We may also share your personal data with the recruitment agency that you applied with.
Moreover, if you applied through our jobs website the information that you provide to us may be stored in servers operated by that website owner. We oblige all of our partners to sign contracts with us that clearly set out their commitment to ensuring safeguards comparably to that under the UKGDPR, including safeguarding the security of your personal data, not using it for any purpose other than for the purposes above, storing it only for the necessary retention periods, and ensuring their commitment to assisting us to help you exercise your rights.
In this regard, we share with third parties only the information they need to provide the service and we ask them not to use your Personal Data for any other purpose. We always make our best efforts to ensure that all our trusted service providers with whom we work, maintain the confidentiality and security of your Personal Data. We also ensure that when our relationship with a trusted service provider comes to an end, that service provider deletes your Personal Data without delay.
We select our service providers with great care, ensuring that they provide sufficient guarantees, including expertise, reliability and resources, to implement the technical and organizational measures to meet the requirements of applicable legislation, including security of processing. In this regard, we ensure that our trusted service providers process Personal Data only on our documented instructions. We also ensure that their personnel are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality.
Authorised individuals within the Talan Group may have access to your Personal Data to the extent necessary to comply with Talan Group’s legitimate interests, to comply with its legal obligations, for the performance of your employment contract or in order to take the necessary steps at your request prior to entering into a contract or during the recruitment process. We make every effort to ensure that the number of such individuals is kept as small as possible and to maintain the confidentiality and security of your Personal Data.
Internally, within Gemserv your personal data can only be accessed by the HR department or any other departments having a strict need to know. This access is under strict regular review in order to ensure Gemservs’ continued compliance with applicable laws.
8. WHERE DO WE STORE YOU PERSONAL DATA ?
Your data is stored within the EEA. Transfers of personal data outside the European Economic Area are only allowed under certain conditions (list of countries deemed suitable by the European Commission, special contractual clauses, binding corporate rules for groups, etc.).
9. WHAT SECURITY MEASURES HAVE WE IMPLEMENTED REGARDING YOUR PERSONAL DATA?
Gemserv and Talan SAS have implemented appropriate technical and organisational measures, in light of the nature of the data and the risks involved in processing it, to preserve the security and confidentiality of your Personal Data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorised third parties.
These measures may include, but are not limited to, practices such as limited access to the data by personnel of departments authorised to access it because of their functions, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information on an annual basis, contractual guarantees in the event of contracting with an external service provider, data protection impact assessments and regularly updating and testing our privacy measures.
You can set the parameters of cookies directly from your browser and choose either the systematic refusal of cookies or their authorization on a case by case basis.
11. LINK TO THIRD PARTY WEBSITES – SOCIAL MEDIA
SmartRecruiter’s website may contain links to social media platforms operated by persons or organisations over which Gemserv has no control.