Your Rights
The General Data Protection Regulation (GDPR) provides the following rights for individuals:
The right to be informed; The right of access; The right to rectification; The right to erasure (to be forgotten); The right to restrict processing; The right to data portability; The right to object; Rights in relation to automated decision making and profiling; and The right to withdraw consent.
1. THE RIGHT TO BE INFORMED
Individuals have the right to be informed about the collection and use of their personal data in a concise, transparent, intelligible and easily accessible way that uses clear and plain language. This Privacy Notice serves to provide this information.
Where personal data is obtained from third-party sources we will endeavour to inform the individual of this privacy information in a timely manner and no later than one month after receiving the data.
2. THE RIGHT OF ACCESS
Under the GDPR, individuals have the right to obtain:
Confirmation that their data is being processed; Access to their personal data; and Other supplementary information.
This right of access has been provided to allow individuals to access their personal information, so they are aware of and can verify the lawfulness of the processing.
To find out if we hold any of your personal information, and what data we hold, a Subject Access Request (SAR) can be submitted.
If we do hold your personal information we will:
Provide a description of it; Explain why we are holding it; Explain who it could be disclosed to; and Let you have a copy of the information in an intelligible form.
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.
3. THE RIGHT TO RECTIFICATION
Individuals have the right to request that any inaccurate personal data is rectified or completed if it is incomplete. Personal data is considered to be inaccurate if “it is incorrect or misleading as to a matter of fact”. This request can be made either verbally or in writing.
When a request for rectification is received we will take reasonable steps to confirm the identity of the individual making the request and to satisfy ourselves that the data provided is accurate and that rectification of the data is required. When considering the accuracy of the data you have the right to restrict the processing of your personal data until its accuracy has been established. Details of this right can be found here.
When we are satisfied of the accuracy of the new data we will update it within our systems. If we have shared the inaccurate personal data with third-parties, we will notify them of the rectification unless this is impossible or involves disproportionate effort.
We will inform you of the outcome of your request within one month of receipt of your request. Where a request is complex, or a number of requests have been received from you, the time to respond may be extended by a further two months. If we extend the time period we have to respond to your request, we will inform you of this within one month of receipt of the request and explain the reasons for the extension.
We retain the right to refuse to comply with a request for rectification if the request is “manifestly unfounded or excessive”. Alternatively, we may request a “reasonable fee” to deal with requests considered to be “manifestly unfounded or excessive”.
Where we refuse to comply with the request we will, without undue delay and within one month of receipt of the request, inform the individual of:
The reasons why action is not being taken; Their right to make a complaint to the ICO or another supervisory authority; and Their right to seek to enforce this right through a judicial remedy.
This information will also be provided if we request a “reasonable fee” to comply with the request.
4. THE RIGHT TO ERASURE (TO BE FORGOTTEN)
Individuals have the right to request that their personal data is erased from our systems, this right is not absolute and only applies in certain circumstances. Normally, the information must meet one of the following criteria:
The personal data is no longer necessary for the purpose for which we originally collected and/or processed it; 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.
The right to erasure does not apply if processing is necessary for one of the following reasons:
To exercise the right of freedom of expression and information; To comply with a legal obligation; For the performance of a task carried out in the public interest or in the exercise of official authority; For archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or For the establishment, exercise or defence of legal claims.
When a request for erasure is received we will take reasonable steps to confirm the identity of the individual making the request. Once proof of identity has been obtained we will take all reasonably practicable steps to delete the relevant data and inform other organisations of the erasure if the personal data has been disclosed to others.
We will inform you of the outcome of your request within one month of receipt of your request. Where a request is complex, or a number of requests have been received from you, the time to respond may be extended by a further two months. If we extend the time period we have to respond to your request, we will inform you of this within one month of receipt of the request and explain the reasons for the extension.
We retain the right to refuse to comply with a request for erasure if the request is “manifestly unfounded or excessive”. Alternatively, we may request a “reasonable fee” to deal with requests considered to be “manifestly unfounded or excessive”.
Where we refuse to comply with the request we will, without undue delay and within one month of receipt of the request, inform the individual of:
The reasons why action is not being taken; Their right to make a complaint to the ICO or another supervisory authority; and Their right to seek to enforce this right through a judicial remedy.
This information will also be provided if we request a “reasonable fee” to comply with the request.
5. THE RIGHT TO RESTRICT PROCESSING
Individuals have the right to request that we restrict our processing of their personal information, this right is not absolute and only applies in certain circumstances. This means that we can continue to store your personal information but the ways in which we can use your information is limited. This is an alternative to requesting the erasure of your data.
You are entitled to request that we restrict the processing of your personal information where:
You contest the accuracy of your personal information and we are verifying the accuracy of the data; The data has been processed unlawfully (i.e. in a manner which does not comply with the GDPR);Where we no longer need your personal information, but you need the data to establish, exercise or defend a legal claim; or You have objected to the processing of your personal information and we are considering whether our legitimate grounds override yours.
If we have shared your personal information with third-parties, we will notify them of the request to restrict processing unless this is “impossible or involves disproportionate effort”.
We will notify you before lifting any restriction on processing your personal information.
We will inform you of the outcome of your request within one month of receipt of your request. Where a request is complex, or a number of requests have been received from you, the time to respond may be extended by a further two months. If we extend the time period we have to respond to your request, we will inform you of this within one month of receipt of the request and explain the reasons for the extension.
We retain the right to refuse to comply with a request to restrict processing if the request is “manifestly unfounded or excessive”. Alternatively, we may request a “reasonable fee” to deal with requests considered to be “manifestly unfounded or excessive”.
Where we refuse to comply with the request we will, without undue delay and within one month of receipt of the request, inform the individual of:
The reasons why action is not being taken; Their right to make a complaint to the ICO or another supervisory authority; and Their right to seek to enforce this right through a judicial remedy.
This information will also be provided if we request a “reasonable fee” to comply with the request.
6. THE RIGHT TO DATA PORTABILITY
Individuals have the right to obtain and reuse the personal information for their own purposes across different services. In effect, this means you are able to transfer your personal information held by Humand Talent Limited between Data Controllers. To enable this transfer, we will provide you with your information in a structured, commonly used and machine readable format that is password-protected so that you can transfer the data to another Data Controller. The personal information provided will be restricted to the personal information you have provided to us.
The right to data portability applies when:
Our lawful basis for processing your personal information is consent or for the performance of a contract; andWe are carrying out the processing by automated means (i.e. without any human intervention).
We will inform you of the outcome of your request within one month of receipt of your request. Where a request is complex, or a number of requests have been received from you, the time to respond may be extended by a further two months. If we extend the time period we have to respond to your request, we will inform you of this within one month of receipt of the request and explain the reasons for the extension.
We retain the right to refuse to comply with a request to restrict processing if the request is “manifestly unfounded or excessive”. Alternatively, we may request a “reasonable fee” to deal with requests considered to be “manifestly unfounded or excessive”.
Where we refuse to comply with the request we will, without undue delay and within one month of receipt of the request, inform the individual of:
The reasons why action is not being taken; Their right to make a complaint to the ICO or another supervisory authority; and Their right to seek to enforce this right through a judicial remedy.
This information will also be provided if we request a “reasonable fee” to comply with the request.
7. THE RIGHT TO OBJECT
Individuals have the right to object to:
Processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); Direct marketing (including profiling); and Processing for purposes of scientific/historical research and statistics.
To be able to exercise this right you must have “grounds relating to his or her particular situation”.
If your objection relates to us processing your personal information because we deem it necessary for our 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.
8. RIGHTS IN RELATION TO AUTOMATED DECISION MAKING AND PROFILING
Individuals have additional rights with the fully automated decision making process, including profiling with legal or similarly significant effects restricted. This restriction only applies to fully automated individual decision making where there is no human involvement.
This restriction is lifted if one of the following three conditions apply:
It is necessary for the entry into or performance of a contract; It is authorised by Union or Member state law applicable to the controller; or Based on the individual’s explicit consent.
9. THE RIGHT TO WITHDRAW CONSENT
Individuals have the right to withdraw previously given consent at any time, for example where consent has been given for direct marketing.
When consent is withdrawn we will cease to carry out the activity for which consent has been withdrawn unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose. Where we consider this to be the case we will inform you of this condition and the alternative reasons.
Details of how to get in touch about these rights can be found here. We endeavour to deal with any requests without undue delay, and in any event within one month (subject to any extensions to which we are lawfully entitled). We may keep a record of your communications to help us resolve any issues which you raise.
Where our lawful basis for processing your personal data is consent, you have the right to withdraw your consent at any time by contacting us.
If you withdraw consent, where consent is the legal basis for processing, we will cease to process your personal data for the activity which consent has been withdrawn unless we still need to process your data for legal or official reasons. If this is the case, we will inform you and will restrict the data to only what is necessary for the purpose of meeting those specific reasons.
If you believe that any of your data that we process is incorrect or incomplete, please contact us using the details above and we will take reasonable steps to check its accuracy and correct it where necessary.
Subject Access Requests
Individuals can raise a Subject Access Request (SAR) to exercise one or more of their rights, listed in the Your Rights section of this Privacy Notice. As part of any request you will be required to provide proof of your identity before the request is processed. Your request will be processed within one month of receipt of both your request and proof of identity, except in circumstances where requests are complex or numerous.
If a request is considered complex or numerous we may extend the period of compliance by a further two months, notification of this will be provided within one month of receipt of the request along with details of why the extension is necessary.
Subject Access Requests will be processed free of charge except where the request is deemed “manifestly unfounded or excessive”. Where this is the case a “reasonable fee” may be charged. A “reasonable fee” may also be charged to comply with requests for additional copies of the same information, this fee will cover the administrative costs involved in providing the information.
Where we consider a request to be “manifestly unfounded or excessive” we may refuse to respond to the request. If we refuse to respond we will provide details of why this decision has been made along with details of your right to complain to the supervisory authority (the ICO) and to a judicial remedy.
To submit a Subject Access Request please contact us, by email, telephone or in writing, using the contact details listed in the How to Contact Us section below.
Safeguarding Your Data
We are committed to taking all reasonable steps by means of “appropriate technical and organisational measures” to safeguard the personal information we hold from misuse, loss or unauthorised access. These include measures to deal with any suspected data breach.
We secure the personal information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. When personal information is collected on our website and/or transmitted to other websites, it is protected through the use of encryption.
If you suspect any misuse, loss or unauthorised access to your personal information please let us know immediately. Details of how to contact us can be found below.
ICO Registration
Humand Talent Limited is registered with the ICO (Information Commissioner’s Office) under registration reference: ZA773588
Third Parties
Humand Talent Limited may use third-parties to perform services in connection with our operations, to improve our website and our services, products and features, and to protect our users. These third-parties may include (but are not limited to) service providers and vendors.
Any sharing of personal information with a third-party will be done under contract with the third-party obliged to keep the data.
How to Contacts Us
Humand Talent Limited take ultimate responsibility for data protection.
If you have any concerns or wish to exercise any of your rights under the GDPR, then you can contact the data protection lead in the following ways:
Joseph Edney
Humand Talent Limited, 1 Abbey Street, Eynsham, Witney, OX29 4TB
01865 657 000
joseph@humand.co.uk
Monitoring and Review
This policy was last updated in December 2021 and shall be regularly monitored and reviewed, at least every two years.
