A) Data protection principles
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
- processing is fair, lawful and transparent
- data is collected for specific, explicit, and legitimate purposes
- data collected is adequate, relevant and limited to what is necessary for the purposes of processing
- data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
- data is not kept for longer than is necessary for its given purpose
- data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
- we comply with the relevant GDPR procedures for international transferring of personal data
B) Types of data held
Personal data is any information about an individual from which that person can be identified. It does not include anonymous data which does not identify the individual.
We collect, store and use several categories of personal data about you in order to carry out effective and efficient processes. We keep this data in a file relating to each contractor and we also hold the data within our computer systems, for example, our accounts systems. It is your responsibility to keep us up to date with any changes to your personal details so that we can make sure that your personal data is accurate. If your personal details change, you must notify the Chief Operating Officer.
Specifically, we collect, store and use the following types of data:
- personal details such as name, previous names, title, address, phone numbers, email address, date of birth
- your photograph, used for identification on client sites and for site passes
- your emergency contact details
- proof of your right to work in the UK, including passport, visa or share code details
- your National Insurance number and, where you trade through a company, your company number and Unique Taxpayer Reference
- bank account details
- payment rates, invoices, timesheets and records of hours worked
- your public liability insurance details, where you hold your own policy
- training and certification records, including online course completions, BICSc records, and health and safety, COSHH and manual handling certificates
- references and the outcome of any vetting or DBS screening
- records of work allocation, site attendance and sign-in, quality audits and site scoring
- records of keys, fobs, alarm codes and equipment issued to you and returned by you
- records of accidents, incidents, near misses and any complaints relating to your work
- CCTV footage and building access card records, where these are operated by our clients at the sites you attend and shared with us
- correspondence between us, including email and messaging about shifts and site instructions
C) Collecting your data
You provide several pieces of data to us directly during any contract negotiation period, for example your name and address, and subsequently upon the start of your engagement, for example, your bank details.
In some cases, we will collect data about you from third parties, such as intermediaries who may act as an introducer.
Personal data is kept in files or within the Company’s HR and IT systems.
D) Lawful basis for processing
The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement, in order to perform the contract we have with you or in pursuit of our legitimate interests.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.
- Carrying out the contract that we have entered into with you (e.g. using your name and contact details to allocate and confirm shifts) — lawful basis: performance of the contract.
- Ensuring you receive payment — lawful basis: performance of the contract.
- Making decisions about who to enter into a contract with — lawful basis: our legitimate interests, which are to make sure the people we engage are competent, insured and suitable to work unsupervised on client premises, and to satisfy the vetting standards our clients require of us.
- Business planning and restructuring exercises — lawful basis: our legitimate interests, which are to plan the size and shape of our workforce against the contracts we hold, and to run the business efficiently.
- Dealing with legal claims made against us — lawful basis: our legitimate interests, which are to establish, exercise or defend legal claims, and to respond to any allegation about work carried out on a client’s premises.
- Preventing fraud — lawful basis: our legitimate interests, which are to protect our business, our clients and their premises from theft, loss or misuse of keys, alarm codes and property.
- Ensuring our administrative and IT systems are secure and robust against unauthorised access — lawful basis: our legitimate interests, which are to protect the confidentiality and integrity of the information we hold about our contractors and clients.
- Confirming your right to work in the UK, and keeping tax and payment records — lawful basis: compliance with a legal obligation.
- Meeting our health and safety duties, including training records, COSHH and manual handling certificates, and accident or incident records — lawful basis: compliance with a legal obligation.
- Meeting the vetting, screening and site access requirements set by our clients as a condition of working on their premises — lawful basis: our legitimate interests, which are to win and keep client contracts and to meet the security conditions our clients place on us.
- Monitoring the quality of work on site, including site audits and monthly scoring — lawful basis: our legitimate interests, which are to maintain the standard of service we have promised our clients and to identify where retraining is needed.
E) Special categories of data
Special categories of data are data relating to your:
- health
- sex life
- sexual orientation
- race
- ethnic origin
- political opinion
- religion
- trade union membership
- genetic and biometric data
Most commonly, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process data for reasons of substantial public interest
- you have already made the data public
We do not need your consent if we use special categories of personal data in order to carry out our legal obligations. However, we may ask for your consent to allow us to process certain particularly sensitive data. If this occurs, you will be made fully aware of the reasons for the processing. As with all cases of seeking consent from you, you will have full control over your decision to give or withhold consent and there will be no consequences where consent is withheld. Consent, once given, may be withdrawn at any time. There will be no consequences where consent is withdrawn.
F) Failure to provide data
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract with you or performing the contract that we have entered into.
G) Criminal conviction data
We will only collect criminal conviction data where it is appropriate given the nature of the services you are to provide to us and where the law permits us. This data will usually be collected during contract negotiation, however, may also be collected during your engagement. We use criminal conviction data to determine your suitability, or your continued suitability, for the engagement.
Because our operatives work unsupervised on client premises, often outside normal business hours and with access to keys, alarm codes and client property, we require a basic DBS check before your first shift. We rely on the lawful basis of our legitimate interests, which are to protect our clients, their premises and their property, and to meet the vetting standards our clients require of us. For the associated condition under Schedule 1 of the Data Protection Act 2018, we rely on the substantial public interest condition of preventing or detecting unlawful acts.
We record only the date of the check, the certificate number and whether the outcome was satisfactory. We do not retain a copy of the DBS certificate itself beyond six months from the date of the recruitment decision.
H) Who we share your data with
Employees within our company who have responsibility for recruitment, administration of payment and contractual benefits and the carrying out of performance related procedures will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processed in line with the UK GDPR.
Data is shared with third parties for the administration of payments, accounting and tax, for HR record keeping, for training and certification, and for the operation of our email, file storage and IT systems. The third parties who will process your personal data for these purposes are our accountant and the accounting software they use on our behalf, BrightHR, Jangro LMS, and Google Workspace. You can ask us at any time for an up to date list of the providers we are using.
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us, including with HM Revenue and Customs, our insurers and our legal advisers.
Where you are placed on a client’s site, we will share your name, and where the client requires it your photograph and confirmation that your vetting and training are satisfactory, so that the client can issue site access and meet their own security obligations.
We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
International transfers
Some of the providers we use store or back up data outside the United Kingdom, principally in the United States and the European Union. This is because the cloud software we rely on to run the business, including our email and file storage, is operated by providers with infrastructure in those regions. We do not transfer your data overseas for any purpose beyond the day to day running of these systems.
Where this occurs, we transfer data only to a country covered by UK adequacy regulations, or to a provider certified under the UK Extension to the EU–US Data Privacy Framework, or, where neither applies, under the International Data Transfer Agreement or the UK Addendum to the EU standard contractual clauses. In every case a written data processing agreement is in place requiring the provider to apply appropriate technical and organisational security measures and to process the data only on our instructions.
I) Protecting your data
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
J) Retention periods
We only keep your data for as long as we need it for, which will be at least for the duration of your engagement with us though in some cases we will keep your data for a period after your engagement has ended. Our retention period is six years from the end of your engagement.
K) Automated decision making
Automated decision making means making decisions about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
L) Data subject rights
You have the following rights in relation to the personal data we hold on you:
- the right to be informed about the data we hold on you and what we do with it
- the right of access to the data we hold on you. More information on this can be found in our separate policy on Subject Access Requests
- the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’
- the right to have data deleted in certain circumstances. This is also known as ‘erasure’
- the right to restrict the processing of the data
- the right to transfer the data we hold on you to another party. This is also known as ‘portability’
- the right to object to the inclusion of any information
- the right to regulate any automated decision-making and profiling of personal data
More information can be found on each of these rights in our separate policy on your rights in relation to your data.
M) Consent
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.
N) Making a complaint
If you consider your data rights have been breached, you can make a complaint to us at any time using any of the following methods:
- Email: complaints@luxeloomcleaning.co.uk
- Telephone: 020 3307 5624
- Post: Data Protection, LUXELOOMCLEANINGUK LTD, 71–75 Shelton Street, London WC2H 9JQ
- Online: using the contact form at www.luxeloomcleaning.co.uk
We will acknowledge your complaint and respond to it in writing without undue delay.
You can also raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.
O) Data protection compliance
Our appointed compliance officer in respect of our data protection activities is:
- Kiana Blackwood, Director
- Email: Kiana@luxeloomcleaning.co.uk
- Telephone: 020 3307 5624
- LUXELOOMCLEANINGUK LTD, 71–75 Shelton Street, London WC2H 9JQ
This notice is published at www.luxeloomcleaning.co.uk and is given to every contractor before their first shift. We review it at least once a year, and we will tell you if it changes in a way that affects how we use your data.