Privacy Policy

The legal bases we rely upon to offer these services to you are:

• Your consent

• Where we have a legitimate interest (though not applicable to sensitive personal data such
as criminal records)

• To comply with a legal obligation that we have

• To fulfil a contractual obligation that we have with you

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b. Legitimate interest

This is where Love Teachers has a legitimate reason to process your data provided it is reasonable and does not go against what you would reasonably expect from us. Where Love Teachers has relied on a legitimate interest to process your personal data our legitimate interests is/are as follows:

a) The legitimate interest / lawfulness of processing conditions for personal data are:

1. Consent of the individual for one or more specific purposes.

2. Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.

3. Processing is necessary for compliance with a legal obligation that the controller is subject to.

4. Processing is necessary to protect the vital interests of the individual or another person.

5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

6. Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.

b) The lawfulness of processing conditions for sensitive personal data are:

1. Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.

2. Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.

3. Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.

4. In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.

5. Processing relates to personal data which are manifestly made public by the individual.

6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

7. Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.

8. Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.

9. Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.

10. Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.

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c. Recipient/s of data

• Clients, for example Schools and Colleges.

• Candidates’ former or prospective new employers that you obtain or provide references to

• The Recruitment and Employment Confederation (and any other trade body that you are a member of who may have access to your candidates’ data)

• Any other third parties who carry out audits to ensure that you run your business correctly or line with your

• Payroll service providers who manage your payroll on your behalf

• Any umbrella companies that you pass candidate data to

• Other recruitment agencies in the supply chain (e.g. master/neutral vendors and second tier suppliers);

• Your insurers

• Your legal advisers

• Social networks

• Your IT and CRM providers

• Any public information sources and third party organisations that you may use to carry out suitability checks on work-seekers e.g. Companies House, the Disclosure and Barring Service (DBS), National College for Teaching and Leadership (NCTL), Nursing and Midwifery Council (NMC), General Medical Council (GMC), DVLA, credit reference agencies.

• Government, law enforcement agencies and other regulators e.g the Police, Home Office, HMRC, Employment Agencies Standards Inspectorate (EASI), Local Authority Designated Officers (LADOs), GLAA,

• Trade unions;

• Any of your group companies; and

• Any other organisations an individual asks you to share their data with. Please note that this is not an exhaustive list. You will need to examine your recruitment practices and identify any parties that you process personal data with.

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d. Statutory/contractual requirement

Your personal data is required by law and/or a contractual requirement (e.g. our client may require this personal data), and/or a requirement necessary to enter into a contract. You are obliged to provide the personal data and if you do not, the consequences of failure to provide the data are that missing information could prevent the necessary performance on a contract.

 

2. Overseas Transfers

Love Teachers may transfer only the information you provide to us to countries outside the European Economic Area (‘EEA’) for the purposes of providing you with work-finding services. We will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.

 

3. Data retention

Love Teachers will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time.The Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the
date on which we last provide you with work-finding services.

We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation.

Where Love Teachers has obtained your consent to process your personal and sensitive personal data, we will do so in line with our retention policy. Upon expiry of that period Love Teachers will seek further consent from you. Where consent is not granted Love Teachers will cease to process your personal and sensitive personal data.

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Your rights

Please be aware that you have the following data protection rights:

• The right to be informed about the personal data Love Teachers processes on you;
• The right of access to the personal data Love Teachers processes on you;
• The right to rectification of your personal data;
• The right to erasure of your personal data in certain circumstances;
• The right to restrict processing of your personal data;
• The right to data portability in certain circumstances;
• The right to object to the processing of your personal data that was based on a public or
legitimate interest;
• The right not to be subjected to automated decision making and profiling; and
• The right to withdraw consent at any time.

Where you have consented to Love Teachers processing your personal data and sensitive personal data you have the right to withdraw that consent at any time by contacting Eki Osewele, Director, Love Teachers, office@loveteachers.com who handles data protection issues and is the data protection officer.

There may be circumstances where Love Teachers will still need to process your data for legal or official reasons. We will inform you if this is the case. Where this is the case, we 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 Love Teachers processes 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.

You can also contact us using the above details if you want us to restrict the type or amount of data we process for you, access your personal data or exercise any of the other rights listed above.

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Automated decision-making

Where we use automated decision-making, including profiling, Love Teachers will provide meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual, based on the following:

1. It’s necessary for the entering into or the performance of a contract between the data subject and a data controller

2. It’s authorised by law and suitable safeguards are in place to protect the data subject’s rights and freedoms and legitimate interests.

3. It’s based on the data subject’s explicit consent.

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If you have any questions about this privacy and data protection policy please call us on + 44 (0) 208 459 5384 or email office@lovetecahers.co.uk

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Contact us

If you wish to contact us please call or email office@loveteachers.com

 

You also have the right to raise concerns with Information Commissioner’s Office (ICO) or any other relevant supervisory authority should your personal data be processed outside of the UK, if you believe that your data protection rights have not been adhered to.

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