Purpose
Laclear Education Consult is a “Data Controller”. This means that we are responsible for deciding how we hold and use personal information. This privacy policy outlines how and why your personal data will be used, under the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018).
Definitions
Contact – an individual employed by a client.
Client – an organization or a person with the potential to engage with Laclear Education Consult to purchase Work-Finding Services. This includes schools, parents seeking home education for their children and other education related organizations.
Laclear Education Consult – offer services such as home education, early years and nursery education, SEN support (Remote support, home care support and school support) education consultancy and recruitment of teachers to primary and secondary schools in the UK.
Temporary Worker – an individual receiving Work-Finding Services, offered by Laclear Education Consult. This includes Language teachers, STEM teachers, Teaching Assistants and Carers.
Work-Finding Services – taken to mean recruitment activity provided by Laclear Education Consult on behalf of Clients and Temporary Workers including, but not limited to, advertising of roles, vacancy matching and provision of work-related training.
Data Protection Principles
We will comply with data protection law and principles, which means that your data will be:
a) Used lawfully, fairly and in a transparent way
b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes
c) Relevant to the purposes we have told you about and limited only to those purposes
d) Accurate and kept up to date
e) Kept only as long as necessary for the purposes we have told you about
f) Kept securely
Information Held
Contacts
In connection with providing Work-Finding Services to our Clients, we will collect, store, and use the following categories of personal information about you:
• Any information available publically, including on the Client’s website
• Any information provided as part of Laclear Education Consult Work-Finding Services included, but not limited to, contact details, interview outcome and feedback and advertising
• Any communications between you and Laclear Education Consult.
Temporary Workers
In connection with your application for work, we will collect, store, and use the following categories of personal information about you:
• The information you have provided to us in your curriculum vitae, registration form and/or covering letter
• The information you have provided on our application form, including name, previous surnames, title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications, national insurance number, right to work information and documents, DBS results, overseas police check, contact name and telephone number for emergency contact, any details relating to disqualification from working with children subject to the relevant legislation, medical information relating to capability to carry out the role and professional registration details
• Any information you provide to us during an interview
• Any information identified about you as part of online searches (as required under KCSIE 2022) – social media platforms (Facebook, Twitter and LinkedIn) and search engines (Google)
• Any communications between you and Laclear Education Consult
We may also collect, store and use the following “special categories” of more sensitive personal information:
• Information about your race or ethnicity
• Information about your health, including any medical condition, health and sickness records
• Information about criminal convictions and offences
• Information provided as part of the safeguarding or allegations management process
We do not envisage processing any data relating to your religious beliefs, sexual orientation and political opinions. However, in the event that we become a processor of any such data, it will be handled in accordance with the UK GDPR.
Please note that you can amend/update any of your information we hold by contacting our Data Protection Officer.
Collection of Personal Information
Contacts
We collect personal information about Contacts from the following sources:
• You, the Contact
• Client website
• Other public facing websites
• Government information sources including, but not limited to, public sector contracts
Temporary Workers
We collect personal information about Temporary Workers from the following sources:
• You, the candidate
• Disclosure and Barring Service in respect of criminal convictions
• Your named referees, from whom we collect the following categories of data: performance related information, general conduct information e.g. punctuality and attendance records. Please note that you can request a copy of our reference request form prior to it being sent to your named referee
• The following data from third parties is from a publicly accessible source, including but not limited to: job boards, social media sites such as Facebook, LinkedIn, Twitter, Instagram, YouTube and Spotify, personal recommendations and face – to – face contact at recruitment events
Information Use
Contacts
We will use the personal information we collect about you:
• As part of the Work-Finding Services process
• For timesheet and invoicing activities
• For relevant Client sector marketing activity
Temporary Workers
We will use the personal information we collect about you to:
• Assess your skills, qualifications, and suitability for the role
• Carry out background and reference checks, where applicable
• Communicate with you about the recruitment process
• Keep records related to our hiring processes
• Comply with legal or regulatory requirements
Having received your CV, covering letter and your application form (where applicable), we will then process that information to decide whether you meet the basic requirements to be shortlisted for our Work-Finding Services. If you do, we will decide whether your application is strong enough to invite you for an interview (where applicable). If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to provide you with Work-Finding Services. If we decide to offer you Work-Finding Services, we will then take up references, carry out a criminal record check and any other check (where applicable) before confirming you have been accepted as a Temporary Worker for our Work-Finding Services.
Sensitive Personal Information
Temporary Workers
We will use your particularly sensitive personal information in the following ways:
• We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during an interview
• We will use information about your national or ethnic origin to ensure you have the relevant right to work within the location of the role
• We will use information regarding any medical condition you declare to us in order to assess your capability to carry out the role/s for which you wish to be considered
• We will use the results provided from your DBS check to assess your suitability for the role/s for which you wish to be considered
Convictions
Temporary Workers
We envisage that we will process information about criminal convictions.
We will collect information about your criminal convictions history if we would like to offer you a role conditional on checks and any other conditions, such as references, being satisfactory. We are required to carry out criminal records check in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role. In particular:
a) We are legally required to carry out criminal record checks for those carrying out a role which would involve them working with vulnerable people. Please note that you will be notified in advance of us applying for such check
When processing such data appropriate safeguards will be maintained in accordance with the UK GDPR requirements.
Automated Decision-Making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Data Sharing
Contacts
We will only share your personal information with the following third parties for the purposes of the Work-Finding Services process, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so:
• Our IT provider
• Our CRM provider
• Membership / Trade Associations
• Auditors / Inspectors appointed by the Client, Trade Association or Government Body
• Temporary Workers
Temporary Workers
We will only share your personal information with the following third parties for the purposes of the Work-Finding Services process, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so:
• Our IT provider
• Our CRM provider
• Membership / Trade Associations
• Auditors / Inspectors appointed by the Client, Trade Association or Government Body • Clients • Payroll / umbrella company provider
• Any third-party service provider required as part of our Safer Recruitment process – for example: to process your enhanced DBS application
All our third-party service providers and other entities in the group 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.
Data Security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized 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. Details of these measures may be obtained from our Data Protection Officer.
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 retain your personal information so that in the event of a legal claim, we have evidence that we have not discriminated against you on prohibited grounds and that we have conducted the Work-Finding Services exercise in a fair and transparent way.
After the retention period has lapsed, we will securely destroy your personal information in accordance with our Data Retention Policy.
Rights of Access, Correction, Erasure and Restriction
Your rights in connection with personal information.
Under certain circumstances, by law you have the right to:
a) 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
b) 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
c) 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)
d) 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 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
e) 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
f) Request the transfer of your personal information to another party
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our Data Protection Officer in writing.
Rights to Withdraw Consent
Where you provide us with consent in relation to us processing your personal information for the purposes of recruitment, you have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact the DPO on DPO@prosperogrp.com. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.
Data Protection Officer
We have appointed a Data Protection Officer (DPO) to oversee compliance with this privacy notice. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.