Privacy Policy
At Malikshaw Interim & Executive ("Malikshaw"), protecting your privacy is very important to us. Our goal is to treat the personal information you provide to us with the utmost respect, and in accordance with this Privacy Policy. This Privacy Policy, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this privacy policy carefully so you can understand our views and practices regarding your personal data and how we will treat it.
By accessing, using and/or downloading materials from or sending or posting materials to, our Website or any other Malikshaw owned Site including via email, you agree on your own behalf and on behalf of each entity on whose behalf you act, to the terms of this Privacy Policy and to the practices for the collection, use or disclosure of your personal information as described here.
Please note that our Website is also governed by the Terms and Conditions of Use. We urge you to review the Terms and Conditions of Use before proceeding further on our Website.
Identity and contact details of the Controller
Evisa Solutions Ltd, also trading as Malikshaw Interim & Executive ("Malikshaw"/"we", "us", "our") a company registered in England and Wales (Registration number 04671940) and whose registered address is 111 Charmouth Rd, St Albans AL1 4SG is registered as a data controller in the United Kingdom for the purposes of the Data Protection Act 1998 or any subsequent UK legislation resulting from EU General Data Protection Regulations (GDPR). Our nominated representative is our Compliance Officer.
Who we are and what we do
Malikshaw is a recruitment agency and recruitment business as defined in the Employment Agencies Act 1973 (our business). We also provide training, event organisation and consultancy services from time to time. We collect the personal data from the following types of people to allow us to undertake our business;
• Prospective and placed candidates for permanent or temporary roles;
• Prospective and live client contacts (including referee contacts provided by candidates);
• Supplier contacts to support our services;
• Employees, consultants, temporary workers and contractors;
You may have applied directly to us or we may have found your details from a jobs board or social networking site. We are able to process your data if we have a legal basis for doing so. There are six legal bases for processing data but we will rely on (1) your consent to send direct marketing messages about services other than our recruitment services, (2) that the processing is necessary for the performance of a contract with you, or (3) that we have a legitimate interest in processing your personal data.
We collect information about you to carry out our core business and ancillary activities.
Purposes for which Personal data is collected, processed, used and disclosed by us
Malikshaw may receive or collect your personal data including but not limited to:
your name and contact details (i.e address, home and mobile numbers, e-mail address), age, date of birth, details of your qualifications, experience, employment history (including job titles, remuneration and working hours) or any other relevant information from your CV, details of your referees, your nationality and immigration status and information from related documents, such as your passport or other identification and immigration documents (for example, identity card), a copy of your driving licence emergency contacts and details of any dependants, financial information, and any other relevant information. On occasions, this may also include special categories of personal data (i.e sex and sexual orientation, religious or similar beliefs), medical information and information regarding your criminal record or security clearance for certain roles.
We may collect this information from you (for example, by filing in forms or by corresponding with us by phone, email or otherwise), your referees (details of whom you will have provided), educational provider, relevant professional body, the Disclosure and Barring Service (DBS), the Home Office, credit reference agencies or other third party who we work with, such as job boards, online CV libraries, employment businesses or agencies, umbrella companies.
Where you are a Candidate and we have obtained your personal data from a third party such as an online job board, it is our policy to advise you of the source when we first communicate with you.
You can visit our Website without telling us who you are or revealing any information about yourself, including your email address. In this case, our Web server may collect the name, address, the IP address and domain you used to access our Website, the type and version of browser and operating system you are using, and the web site you came from and visit next.
This information is held, processed, used and disclosed by us as follows:
The processing of your personal information may include:
• To provide our services to you
• Collecting and storing your personal data, whether in manual or electronic files
• Notifying you of potential roles or opportunities
• Assessing and reviewing your suitability for job roles
• Introducing and/or supplying you to actual or potential Clients
• Engaging you for a role with us or with our Clients, including any related administration e.g. timesheets and payroll
• Collating market or sector specific information and providing the same to our Clients
• Sending information to third parties with whom we have or intend to enter into arrangements which are related to our Recruitment Services
• Providing information to regulatory authorities or statutory bodies, and our legal or other professional advisers including insurers
• To market our Recruitment Services
• Retaining a record of our dealings
• Establishing quality, training and compliance with our obligations and best practice
Other uses we will make of your data:
• Use of our website;
• Notify you about changes to our service;
• Ensure that content from our site is presented in the most effective manner for you and for your computer.
We will use this information for:
• Site administration including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• Site Improvements including ensuring that content is presented in the most effective manner for you and for your computer;
• Informing producers and developers to determine new features, content and services
• Allowing you to participate in interactive features of our service, when you choose to do so;
• Site security to ensure we keep our site safe and secure;
• Measuring or understanding the effectiveness of advertising we undertake and to deliver relevant advertising to you;
• Making suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
We do not undertake automated decision making or profiling. We do use our computer systems to search and identify personal data in accordance with parameters set by a person. A person will always be involved in the decision making process.
Cookies
Cookies are small pieces of data stored by your Internet browser on your computer's hard drive, which permits us to recognize you when you access our Website. If you are browsing, a cookie is used to help us measure the number of visits, average time spent, page views, and other statistics relating to your use of our Website. If you are searching, a cookie is used to carry the search request data from the request page to the results page. This cookie, by itself, doesn't tell us your email address or who you are. If you decide to register on-line with us, we may collect additional information to provide tailored job opportunities or other information to you (see Personal Data Collection above). In this case, we use cookies to recognize you on subsequent visits and make your on-line experience more convenient, unless prohibited by law. Please note portions of our Website will not function if you do not accept cookies. Tracking user preferences also helps us serve you targeted advertising. Targeted advertisements are probably more interesting for you and are more productive for our advertisers.
Purposes of the processing and the legal basis for the processing
Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
We will rely on contract if we are negotiating or have entered into a placement agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation.
We will rely on legal obligation if we are legally required to hold information on you to fulfil our legal obligations.
We will in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent, if legally required. Examples of when consent may be the lawful basis for processing include permission to introduce you to a client (if you are a candidate).
Where we provide you with work finding services, the provision of personal data is a statutory requirement and a requirement necessary to enter into a contract with us. The provision of certain category of personal data may contractually be required as instructed by our clients. You will be obliged under these circumstances to provide us with such personal data.
We may not be able to enter into a contract with you if the information is not provided to us. Where you have entered into a contract with us and you refuse to provide any information required under the contract or by law, we reserve the right to terminate our business relationship with you. Where applicable, we may refer your refusal to the relevant statutory authority requesting such information.
Our Legitimate Business Interests
Our legitimate interests in collecting and retaining your personal data is described below:
As a recruitment business and recruitment agency we introduce candidates to clients for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of our candidates and our client contacts is a fundamental, essential part of this process.
In order to support our candidates' career aspirations and our clients' resourcing needs we require a database of candidate and client personal data containing historical information as well as current resourcing requirements.
To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.
Consent
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
What if we obtain your personal data from a third party?
Part of our business activity involves researching information relating to individuals for the purposes of filling job roles. This may include obtaining personal data from online sources, for example we may obtain information from social media sites such as LinkedIn and job boards, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal information about you from hiring organisations, colleagues and former employers, or from persons for whom you have provided services or been otherwise engaged.
Where information from third party sources is of no use to us, or where you have notified us that you do not want us to provide you with services, we shall discard it. However, we may maintain a limited record in order to avoid the duplication of process. Where we consider that information may be of use to us in pursuance of the provision of our Recruitment Services, any processing will be in accordance with this Privacy Notice. You do have the right to object to processing, please see Section 'Your rights'.
How long we keep your data
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so. Accordingly, we have a data retention notice [and run data routines to remove data that we no longer have a legitimate business interest in maintaining.]
We will only hold your personal data for as long as is necessary to fulfil the purposes we collected it for, including for the purposes of complying with applicable legal or reporting requirements (for example, our obligations to the tax authorities or under immigration and nationality laws), our contractual obligations or our legitimate interests as a controller.
Some categories of personal data we hold will need to be retained for longer than others. To determine the appropriate retention period for personal data, we consider:
• the amount, nature and sensitivity of the personal data,
• the potential risk of harm from unauthorised use or disclosure of personal data,
• the purpose for which they are processed,
• the applicable legal requirements and our contractual obligations.
Other personal data will be held for no longer than is necessary to protect our legitimate interest as a controller.
In some circumstances we may anonymise personal data so that it can no longer be associated to you, in which case we may use such information without further notice to you.
How do you access and update your personal information
Personal information that you input into our Website is located on a server(s) operated by Purple Penguin Media Limited. Malikshaw provides you with the means to access, update, edit or delete the Registration Information and other personal information you have provided to us at any time on your own by going to your user account and changing or deleting your Registration Information and other personal information as desired. If you decide at any time that you do not want to receive any updates you have subscribed for, just send an email message to info@malikshaw.com indicating your preference not to receive updates.
Personal information that you input into our Website or we obtain from elsewhere is also stored in our Customer Relationship Management system, Recruit So Simple, and is located on a server(s) hosted by Amazon Web Services. If you are unsure whether we have a record containing your personal information and would like to confirm whether or not we do, please send an email to info@malikshaw.com indicating all email addresses which you may have given us.
How is your personal information secured and protected?
Where Malikshaw considers it appropriate, Malikshaw uses encryption and/or authentication tools among other methods to protect certain web-based personal information or information stored on other Sites. E-mails you send us are not necessarily secure when they are transmitted to us. If your communication is sensitive or includes confidential information such as a credit card number, you may want to provide it by post or via the telephone instead.
We instruct our employees with access to your personal information that it is to be used only in adherence with the principles set forth in this Privacy Policy and the laws applicable to each specific business. The only employees who have access to your personal information are administrative personnel. Employees who misuse customer personal information may be subject to disciplinary action.
Privacy Policy with respect to the use of CVs
As part of the recruitment services Malikshaw provides, you are able to post your CV on our Website, forward your CV to us by email or facilitate that we can access your CV on 3rd party Job Sites. This section of Malikshaw's general Privacy Policy applies to the use of your CV by Malikshaw.
CVs are accessed by our consultants who seek to find you employment with third parties ("Third Parties"). Consultants are not permitted to disclose information outside our organization or beyond the Third Party, as applicable. Recruiters are also required to have entered into an agreement with Third Parties that require such Third Parties to use your CV solely for the purpose of filling a job within the Third Party for which the information was provided and not disclosing your CV outside the organization. However, although Malikshaw deals only with reputable organizations, we cannot guarantee that all Employers and Third Parties will adhere to the limitations we impose on them. If at any time you would like your CV removed from our Website or any of our other sites including our Customer Relationship Management system, you may do so by using the "delete CV" function or forwarding an email to info@malikshaw.com.
Some job postings which are posted on the Malikshaw Website allow you to follow links to where you can apply, and provide your CV, for a specific job posting. In some cases, such applications are still within the Malikshaw Website and its control. If you are not asked to login using your Malikshaw Registration User ID and password, however, then both the application process, and your CV are outside the Malikshaw Website and Malikshaw's control. In such cases you will be providing your CV directly to the Employer or Recruiter and your CV will be subject to their privacy policy. Malikshaw is not responsible for the privacy practices of such Employer or Recruiter. In such cases, we encourage you to review the Employer or Recruiter's privacy policy.
Although we use all reasonable means to protect your personal information, Malikshaw is not responsible for any improper use of your personal information that is beyond our reasonable control.
Your CV when uploaded to our Website is converted in to various formats for our use only. These conversions are handled by an external datacentre server stack. Once conversion is complete your CV is then automatically deleted from that service. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, the data company have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information. We may disclose your information if necessary to protect our legal rights or if the information relates to actual or threatened harmful conduct or potential threats to the physical safety of any person. Disclosure may be required by law or if we receive legal process. If these servers are breached, we are not responsible for this and cannot be held liable.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to accept or prevent such processing by checking certain boxes on our website, responding to Unsubscribe links on our communications or on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@malikshaw.com.
Unsubscribing
In endeavouring to keep you informed about the employment market and opportunities, Malikshaw carefully selects what we send to you based on the information we hold about you. We would be most grateful if you could update us with changes in your circumstances so that we can avoid sending to you unsuitable information.
If you do not wish to receive any such information you can unsubscribe by clicking the link at the bottom of the communication or by emailing info@malikshaw.com
GDPR provides you with the following rights to:
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.
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).
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 particular 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.
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.
Request the transfer of your personal information to another party in certain formats, if practicable.
Make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner's Office. The ICO can be contacted through this link.
Account Removal
You can remove your Website account and all your data from our system, simply login and click here. If you wish to remove your personal information from any of our other Sites including our Customer Relationship Management system, then please send an email to info@malikshaw.com.
Access to Information
The Data Protection Act 1998 and the GDPR give you the right to access information held about you. We also encourage you to contact us to ensure your data is accurate and complete.
Your right of access can be exercised in accordance with the Act (and the GDPR once it is in force).
A subject access request should be submitted to:-
The Compliance Officer,
Evisa Solutions Ltd
111 Charmouth Rd
St Albans
Al1 4SG
What if we change our Privacy Policy
Malikshaw reserves the right to modify or supplement this Privacy Policy statement at any time. If we make any material change to this Privacy Policy, we will update our Website to include such changes and post a notice on our home page, for a period of 30 days, with a link to the updated Privacy Policy. Please read any such notice and the new policy statement. If you return to our Website after a period of more than 30 days, please check this Privacy Policy to confirm that you are aware of the details of the most recent update. Please look at the bottom of this Privacy Policy to check the date that it was updated and to confirm that you are familiar with the terms of the most recent update. Your continued use of our Website or engagement with us after we post such notice will constitute your acceptance of the new terms and their application to your engagement with us and the personal information disclosed for such use, including personal information previously furnished us, as if they were the initial terms, and your consent to the use of your personal information as described in this privacy policy.
We will also attach a link to our updated Privacy Policy on all communications with you. If you object to the revised Privacy Policy, please contact us at info@malikshaw.com and you can withdraw your consent for us to process your personal information. We will seek your consent if we want to use your personal information for purposes other than those you have agreed to previously.
What if I do not agree with this Privacy Policy?
If you do not agree to our processing of your data in the manner outlined in the Policy, please do not submit any personal data to us and advise us of your wishes.
Contact
Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to:-
The Compliance Officer,
Evisa Solutions Ltd
111 Charmouth Rd
St Albans
Al1 4SG
Date Published: 24th May 2018
