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Last Updated: 3rd August 2023
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Introduction
How to Use This Privacy Policy
This section of the Privacy Policy applies to Candidates.
Candidates include individuals with whom Hays has not had prior contact, but whom Hays reasonably considers would be interested in, or might benefit from, Hays’ services and being considered for any roles advertised or promoted by Hays including permanent, part-time and temporary positions and freelance roles with Hays' Clients (including those individuals who want to become Temporary Workers). Candidates also include applicants for such roles as well as people who have supplied a speculative CV to Hays not in relation to a specific job and/or who have engaged with Hays about Hays’ services and/or any roles advertised or promoted by Hays. Individual contractors, freelance workers and employees of suppliers or other third parties put forward for roles with Hays' Clients as part of an MSP offering or otherwise will be treated as Candidates for the purposes of this Privacy Policy.
What kind of personal information do we collect?
So you're looking for a bit more insight into what data we collect about you? Here's a more detailed look at the sorts of information that we will collect. The information described below is, of course, in addition to any personal data we are required by law to process in any given situation.
Depending on the relevant circumstances and applicable local laws and requirements, we will collect some or all of the information listed below to enable us to assess how we can assist you if we reasonably believe you might be interested in, or might benefit from our services, and to offer you employment opportunities which are tailored to your circumstances and your interests.
In some jurisdictions, we are restricted from processing some of the data outlined below. In such cases, we will only process the data in those jurisdictions to the extent and under the circumstances permitted by law:
Please note that the above list of categories of personal data we collect is not exhaustive.
To the extent that you access our website or click through any links in an email from us, we will also collect certain data from you. If you would like more information about this, please refer to the context-specific section of this Privacy Policy that applies to Website Users.
How do we collect your personal data?
We collect Candidate personal data in the following ways:
Personal data you give to us
as described in the section entitled “What Kind of Personal Information Do We Collect?” above.
Personal data we receive from other sources
Personal data we collect automatically
How do we use your personal data?
We generally use Candidate data in five ways:
Pre-recruitment Activities
Why and how we process your information
Types of personal data used
Legal basis relied upon
Collecting and processing data in the course of and to the extent necessary to work out whether you might be interested in or benefit from recruitment services, including by:
Legitimate interests, namely it is in our interests and your interests for us to assess whether you may be interested in or benefit from our recruitment services
Collecting and processing your data in the course of reviewing your information to ascertain how Hays' recruitment services may assist
Legitimate interests, namely it is in our interests and your interests for us to identify how we can help you with your job search
Collecting and processing your data in the course of communicating with you in relation to Hays' recruitment services
Legitimate interests, namely it is in our interests and your interests to contact and correspond with you as part of providing you with our recruitment services
Recruitment Activities
Collecting and processing data in the course of and to the extent necessary to provide recruitment services to Candidates and facilitating the recruitment process including by:
We will rely on legitimate interests, namely it is in our interests and your interests for us to provide you with our recruitment services and for you to receive them in order for us to function as a profit-making business, and to help you and other Candidates to find employment
If you have entered or are about to enter into a contract with us or if you are making a request in the course of doing so, we may rely on the performance of a contract legal basis to the extent that the processing activity that we are seeking to conduct is necessary for the purposes of the contract or your request
To the extent that we record a video of you, we will ask for your consent before we start recording but will rely on legitimate interests in relation to our use of the data for training/monitoring and for monitoring compliance standards
Processing Candidates' data to facilitate payroll and invoicing processes
Legitimate interests, namely it is in our interests and your interests to:
If you have entered or are about to enter into a contract with us or if you are making a request in the course of doing so, we may rely on the performance of a contract legal basis
Collecting and processing Candidates' data in the course of carrying out:
To the extent that any data is published, this will be in aggregated/anonymised form only
Legitimate interests, namely it is in our interests to:
Collecting and processing Candidates' data in the course of communicating with Candidates in relation to services-related issues and providing customer support by processing requests for support
We will rely on legitimate interests, namely it is in our interests and your interests to:
If you have entered or are about to enter into a contract with us or if you are making a request in the course of doing so, we may rely on the performance of a contract legal basis in relation to using your data in the course conducting communications relating to our services with you
Processing Candidates' data to enable them to receive services ancillary to recruitment services, such as participation in:
If you have signed up to receive these ancillary services (either separately or because they form part of the recruitment services to which you have already signed up) or if you are making a request in the course of doing so, we may rely on the performance of a contract legal basis to the extent that the processing activity that we are seeking to conduct is necessary for the purposes of the contract or your request
Processing Candidates' data in the course of carrying out Hays' obligations arising from any contracts entered into between Hays and third parties in relation to Candidates' recruitment, such as potential employers to whom we are committed to identifying the most suitable Candidates for roles in their organisations
We will rely on legitimate interests, namely it is in our interests and your interests to fulfil our obligations under agreements with third parties such as potential employers so that we can help you find employment
If you have entered or are about to enter into a contract with us or if you are making a request in the course of doing so, we may rely on the performance of a contract legal basis to the extent that the processing activity that we are seeking to conduct is also necessary for the purposes of our contract with you (as well of the third party)
Verifying details that a Candidate has provided or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws)
For criminal conviction data, we will obtain your explicit consent.
For all other types of data:
In certain jurisdictions, using a web-based video identity verification process to verify a Candidate's identity if we do not meet them in person and document this process
To the extent that this is carried out in your jurisdiction, we will ask for your consent before we start recording but rely on the legitimate interests condition (it is in our legitimate interests to maintain internal compliance standards) in relation to our use of the data that we capture to verify your identity.
For more information in relation to your jurisdiction, please click here
Collecting and processing Candidate data in the course of carrying out assessment and development activities such as psychometric evaluations or skills tests - for more information in relation to your jurisdiction, please click here
Legitimate interests, namely it is in our interests and your interests for us to provide you with the services of our Assessment and Development departments, namely in relation to psychological assessment and research, assessment centres, competency management, reorganisation issues, management development, career development, mobility, outplacement, career transition and coaching.
Marketing Activities
Using Candidates' data to carry out marketing activities to promote our services through digital channels including in relation to:
If we have obtained your contact details from an occasion when you previously engaged with us and we are e-marketing other recruitment-related services of our own, we will rely on soft opt-in consent if we consider that the legitimate interests legal basis applies, namely if we wish to reach out to you to tell you about our services and we consider that it would be in your interests to hear about similar services to those that you have already expressed an interest in
In all other circumstances, we will obtain your opt-in consent
Collection of data via cookies or tracking pixels and use of data to show users Hays adverts and other content on other websites, for example, Facebook
We will obtain your consent via the Cookie Preferences link on our website
If you do not want us to use your data in this way, please turn off the “Advertising Cookies” option (please refer to our Cookies Policy)
Even where you have turned off advertising cookies, it is still possible that you may see a Hays advert, but in this case it won’t have been targeted at you personally, but rather at an anonymous audience
Please note that if you access Hays' services across multiple devices, you may need to adjust your settings (e.g. if you want to turn off advertising cookies) via the Cookie Preferences link on each of your devices
Lookalike targeting and other data driven marketing: providing lists of certain Candidates' data to Facebook and Google to enable them to find an audience of people with similar characteristics or demographics to these Candidates (which will not include these Candidates) for Hays' marketing purposes.
Facebook's policy is to irreversibly hash such lists prior to use, match the hashed data against their own customers, generate the lookalike audience, then delete the original list and use it for no other purpose. We will not have access to the identity of anyone in the lookalike audience, unless they choose to click on the advertisements.
We will obtain your opt-in consent for the collection of advertising identifiers via the Cookie Preferences link on our website
We will share these advertising identifiers with Facebook and Google in reliance on the legitimate interests legal basis, namely it is in our interests to identify and target advertisements to potential customers who share characteristics or demographics with our existing customers, unless we are required by local law to obtain your consent in which case we will obtain such consent via our consent management tool
Displaying excerpts from Candidates' profiles for promotional purposes on Hays' website(s) to provide examples of success stories
We will always ask for your explicit consent before featuring you in this way on the website
Use of Candidates' data in the course of making service and marketing communications via WhatsApp
We will ensure that you have opted-in (and therefore provided your consent) through one of a number of channels:
Special category data
Collecting and analysing Candidates' data in order to assess and ensure our compliance with equal opportunities obligations
Details of racial or ethnic origin, sexual orientation, religious or other similar beliefs, and physical or mental health, including disability-related information
We will process your personal data in this way if our processing is necessary for the purposes of (and we have a legitimate interest in) keeping under review the existence or absence of equality of opportunity or treatment between groups of people and local laws allow us to process your data in this way without obtaining your consent
If local law requires us to obtain your consent, we will do so
Sharing Candidates' data (that has been collected to assess and ensure our compliance with equal opportunities obligations) with Clients (including to their internal or external auditors) where this is contractually required or the Client specifically requests such information to enable them to comply with their own employment processes
We will obtain your explicit consent before we share your data in this way
Processing medical history/health-related data to make reasonable adjustments during the recruitment process
Medical history/physical or mental health-related data
We will process your personal data in this way if we have a legitimate interest in and it is necessary for us to process your data for health and social care purposes (e.g. to assess the working capacity of an employee or potential employee for an employer) and local laws allow us to process your data in this way without obtaining your consent
Processing health-related data to when we need to use or offer occupational health to Candidates in the context of certain types of roles (e.g. teaching, nursing or night work)
We will process your personal data in this way if we have a legitimate interest in and it is necessary for us to process your data for health and social care purposes (e.g. the provision of health care or treatment) and local laws allow us to process your data in this way without obtaining your consent
Processing health-related information arising from or in connection with the COVID-19 or other pandemics where this is required for a role that you are interested in applying for or where volunteered by you
Test results (whether positive or negative), or vaccination history (including medical conditions relating to or affecting vaccination) where appropriate
We rely on legitimate interests, namely it is in our and your interests for us to collect and share your health-related information if this is required for a role that you are interested in applying for
We may also rely on the vital interests and the public interest lawful bases, namely to protect against serious cross-border threats to health
We may process your health and travel-related information pursuant to Article 9(2)(i) of the GDPR to enable us to process health-related information arising from or in connection with the COVID-19 pandemic to prevent the spread of and assess the risk of COVID-19 and other infectious viruses and diseases
Processing criminal convictions data when carrying out background checks
Details of any criminal convictions disclosed by Candidate on the Candidate Application Form
Details of any criminal convictions obtained via background checks that we are required to carry out where this is necessary for us to comply with our legal obligations in connection with a Candidate's search for work (e.g. if we put a Candidate forward for certain roles which require a certain type of background check to be carried out)
We will obtain your explicit consent in the Candidate Application Form though where local laws allow us to do so, we may need to request a Disclosure and Barring Service Check (or equivalent applicable check in your jurisdiction) without your consent where this is necessary for us to comply with our legal obligations in connection with your search for work
Processing certain types of Candidate data in order to calculate entitlement to annual leave
Medical history/health-related data
Religious affiliation
We will process your personal data in this way if our processing is necessary for the purposes of (and we have a legitimate interest in) carrying out the obligations and exercising Hays' specific rights in the field of employment and social security and social protection law and local laws allow us to process your data in this way without obtaining your consent
Processing the sensitive/special category personal data of individuals connected with Candidates, for example:
Details of sexual orientation, and physical or mental health, including disability-related information
To help us to establish, exercise or defend legal claims
Preserving, sharing and otherwise processing Candidate data to establish, exercise or defend legal claims
The actual information used depends on the factual circumstances, but could include any of the following:
Legitimate interests, namely it is in our interests to seek and receive legal advice should we need it and to protect ourselves in the context of litigation and other disputes
In the unlikely event that we need to process any special category information or criminal conviction data for this purpose, we will only do so where local law allows us to process such data to establish, exercise or defend legal claims
Profiling, Algorithms and Automated Decision Making
Collection of data via personalisation cookies/pixels and use of this data for profiling purposes so that we can show Candidates both targeted and personalised content. This will include:
These personalisation cookies/pixels are used to understand how Candidates engage with the website by recording their visit to the website, the pages they have visited, the interactions they have made and the links they have followed
We will use this information to understand what they may be interested in and tailor what we show and send to them accordingly
More specifically, this will include:
We will obtain your consent via the Cookie Preferences link on our website before we place personalisation cookies/pixels on your device and enable this functionality
If you do not wish to provide your consent to us placing a personalisation cookie on your device, please turn off the “Functionality Cookies” and “Advertising Cookies” options (please refer to our Cookies Policy)
Please note that if you access Hays' services across multiple devices, you may need to adjust your settings via the Cookie Preferences link on each of your devices.
Notwithstanding our collection of consent prior to placing personalisation cookies/pixels onto your device, we will rely on the legitimate interests condition in relation to the personalisation activities that we subsequently carry out
We consider that it is in our interests (and sometimes your interests) to:
We may capture and analyse Candidates' web-based behaviours using various items of data e.g. number of job ads read/applied for online, number and type of articles read, number of web visits made, membership of “talent pools”/segments – see below) in order to award a Candidate a weighted “approachability score” with a view to providing insights into Candidates' needs and to allow Hays to follow up where needed
Consultants will use these scores as part of the shortlisting and ranking activities described in more detail below and as a factor in determining whether to approach/show roles to a Candidate, which will serve to supplement other data that Hays holds about the Candidate
Our collection of web-based data will rely on the personalisation cookies/pixels that we place on your device as part of the personalisation activities as described above
We will obtain your consent via the Cookie Preferences link on our website before we place personalisation cookies/pixels on your device
Please note that if you access Hays' services across multiple devices, you may need to adjust your settings via the Cookie Preferences link on each of your devices
However, please note that we may still carry out engagement scoring activities even if a personalisation cookie is not placed on your device (e.g. we may consider the information that we already hold about you on our Systems with a view to allocating you an engagement score even if you have opted out of the personalisation cookie)
Notwithstanding our collection of consent prior to placing personalisation cookies/pixels onto your device, we will rely on the legitimate interests condition in relation to allocating you an engagement score and our subsequent use of this score
We consider that it is in our legitimate interests to allocate you with an engagement score in order to help our consultants to make decisions in relation to suggesting relevant roles and sending relevant communications to you
We may use the data that we collect via personalisation cookies/pixels e.g. web-based behaviours such as details of Candidates' interactions with the website (e.g. applications, web page visits), to enrich the Candidate data and existing profiles about them that we already hold on our Systems
Notwithstanding our collection of consent prior to placing personalisation cookies/pixels onto your device, we will rely on the legitimate interests condition in relation to using data that we collect about you to enrich your existing profile on our Systems
We consider that it is in our legitimate interests to enrich the data that we hold about you to help our consultants to make decisions in relation to suggesting relevant roles and sending relevant communications to you
Analysing Candidates' data by continuously tracking and monitoring their experience and account activity in order to profile them and allocate them to “talent pools” based on their attributes and behaviours (e.g. previous roles, skills, industry experience, location, when a Candidate is willing to work)
Talent pools are used as a means of managing the Candidate database, placing Candidates in roles and marketing to Candidates
The assignment of Candidates to talent pools is a fully automated process and can involve the use of bots
Legitimate interests, namely it is in our interests to use profiling methods to place you and your Candidate profile into groups or segments with other Candidates, based on your interests, habits, attributes and/or preferences in order to:
We may use profiling methods in relation to Candidates' data so that we can:
Our intention is for any such activities (which might involve using automated processes to profile, select, screen, rank, grade, shortlist and/or put forward Candidates for roles) to complement rather than completely replace the activity of our consultants
If these shortlisting and ranking activities amount to Automated Decision Making for the purposes of Article 22 of the GDPR, we will only conduct these activities where we deem this to be necessary for the completion of pre-contractual steps taken at your request. We think it is reasonable to assume that, as a Candidate, you are hoping to enter into an employment contract, and that by using our services you are asking us to take the necessary steps for this purpose. Such steps might include, for example, checking you meet certain requirements for a particular role. If the role is very popular, we may have to check the eligibility of a large number of potential Candidates – we may therefore use automated decision making to filter this pool of Candidates down to a more manageable number.
Compliance with a legal obligation
Accessing, preserving and disclosing Candidates' data if there is a valid legal request from a regulator, law enforcement, authority or if we otherwise have a legal duty to do so
Compliance with a legal obligation including where:
Preserving and sharing Candidates' data with others including law enforcement agencies and to respond to legal requests when we are not compelled by applicable law but have a good faith belief it is required by law in the relevant jurisdiction
Even where we are not under a legal obligation to process your data, we will, under certain circumstances, have a legitimate interest in cooperating with law enforcement agencies and other bodies in order to assist, for example, with the prevention and detection of crime
Processing Candidates' data when verifying documents and information requested from and provided by Candidates to prove that they have the right to work in a particular jurisdiction
We will process your data where this is necessary for us to comply with our legal obligations in relation to ensuring that you have the right to work in a particular jurisdiction
Sharing of data
Disclosing Candidates' data to the recipients listed in the section entitled “Who do we share your personal data with”, including the transfer, storage and processing of such data outside of the UK/European Economic Area for the purposes listed in the preceding tables
This section of the Privacy Policy applies to Temporary Workers.
Temporary Workers include someone who becomes employed or engaged by Hays for the purposes of undertaking temporary work for a Client or other Hays group company. If you are a Temporary Worker, we will also continue to process your personal data as a Candidate throughout the duration of your temporary work assignment and thereafter, in accordance with the terms of this Privacy Policy. The question of whether and the extent to which the Recruits Privacy Policy and the Staff Privacy Policy apply to you as a Temporary Worker depends on local law requirements. For more information in relation to your jurisdiction, please click here. Temp Relationship means our contractual relationship with Temporary Workers while they are employed or engaged directly by us.
If we employ or engage you as a Temporary Worker directly, we will, depending on the relevant circumstances and applicable local laws and requirements, collect some or all of the information listed below (in addition to the data collected about Candidates) in order to ensure that our Temp Relationship runs smoothly and that we are able to comply with our contractual and other duties to each other, and to our Clients, as part of our Temp Relationship and our duties to third parties such as tax authorities and government agencies. In some jurisdictions, we are restricted from processing some of the data outlined below. In such cases, we will only process the data in those jurisdictions to the extent and under the circumstances permitted by law:
A number of elements of the items listed above are required to enable us to fulfil our contractual duties to you or to others. Some, for example your social security number (or equivalent) are required by statute or other laws. Other items may simply be needed to ensure that our Temp Relationship can run smoothly, or to run our business.
Depending on the type of personal data in question and the grounds on which we may be processing it, should you decline to provide us with such data, we may not be able to fulfil our contractual requirements or, in extreme cases, may not be able to continue with our Temp Relationship.
If we employ or engage you as a Temporary Worker directly, we collect your data (in addition to the data already collected about Candidates) in the following ways:
Below are some more details about each of these methods.
Hays needs to know certain information about you in order to fulfil our obligations to you, to ensure that you are properly fulfilling your obligations to us, and to ensure that we are both fulfilling our obligations to others. This information will enable us to operate a usual Temp Relationship, along with all that entails.
There are numerous ways that you can share your information with us in addition to the information you share as a Candidate. Where appropriate and in accordance with any local laws and requirements, these may include:
The types of information that we receive from you in this way include:
We also receive personal data about you from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:
The types of information that we receive about you in this way include:
HOw do we use your personal data?
If we employ or engage you as a Temporary Worker directly, we use your data for the following purposes:
Some more detailed information about the way in which your data is processed can be found in the Recruits Privacy Policy. For example, during the on-boarding process with Hays, Temporary Workers will be treated in a similar way as recruits for Hays roles and their personal data during the recruitment process for such roles will be processed in the ways described in the Recruits Privacy Policy. Depending on the applicable local laws, we appreciate that you are not a 'Recruit' in the sense of that Policy but given that we use the data in a similar way, for the same purposes, we thought you wouldn’t mind having a quick look at that policy if you were interested in a greater level of detail.
The question of whether and the extent to which the Recruits Privacy Policy and the Staff Privacy Policy apply to you as a Temporary Worker depends on local law requirements. For more information in relation to your jurisdiction, please click here.
Temp Relationship Activities
Collecting and processing data in the course of and to the extent necessary to facilitate the Temp Relationship, including by:
If you have entered into a Temp Relationship with us, we will rely on the performance of a contract legal basis to the extent that the processing activity that we are seeking to conduct is necessary for the purposes of the contract that we have entered into with you
We will otherwise rely on legitimate interests, namely it is in our interests and your interests for us to facilitate the Temp Relationship
If we need to process your special category data (e.g. details of any sickness absence including health-related information), we will process your personal data in this way if we have a legitimate interest in and it is necessary for us to process your data for health and social care purposes and local laws allow us to process your data in this way without obtaining your consent. If local law requires us to obtain your consent, we will do so.
This section of the Privacy Policy applies to Clients.
Clients include our customers, clients, and others to whom Hays provides services in the course of its business or whom Hays reasonably considers would be interested in our services. In certain circumstances, Hays provides services to individual employees who work for Client organisations, such as training courses to teaching staff who work for Clients in the education sector. Please note that in this context, Hays requires Clients to communicate the relevant parts of this Privacy Policy (namely the sections directed at Clients, Visitors and Website Users) to their employees.
The data we collect about Clients is actually very limited. We generally only need to have your contact details or the details of individual contacts at your organisation to enable us to ensure that we can reach out to you about our services, ensure our relationship runs smoothly and in certain circumstances, provide services to your employees. We also hold information relating to your online engagement with Candidate profiles and other material published by Hays, which we use to ensure that our marketing communications to you are relevant and timely. We may also hold extra information that someone in your organisation has chosen to tell us. In certain circumstances, such as when you engage with our Finance and Debt Recovery teams, our calls with you may be recorded, depending on the applicable local laws and requirements. If we need any additional personal data for any reason, we will let you know:
About yourself or individual contacts at your organisation, including:
To the extent that you access our website or click through any links in an email or text message from us, we will also collect certain data from you. If you would like more information about this, please refer to the Context-Specific section of this Privacy Policy that applies to Website Users.
We collect Client personal data in the following ways:
Personal data that we receive directly from you
Personal data we collect via our website or through links and emails
We use Client information for:
Providing our services
Collecting and processing data in the course of and to the extent necessary to reach out to Clients about our services, including by:
Legitimate interests, namely it is in our interests and your interests:
Collecting and processing data in the course of and to the extent necessary to:
To the extent that we record a video of you, we will ask for your consent before we start recording, but will rely on legitimate interests in relation to our use of the data for training/monitoring and for maintaining compliance standards
Collecting and processing Client data in the course of carrying out:
Processing Client data in the course of carrying out Hays' obligations arising from any contracts entered into between Hays and third parties in relation to recruitment, such as potential Candidates who Hays identifies as suitable for a role in a Client organisation
Legitimate interests, namely it is in our interests and your interests to fulfil our obligations under agreements with third parties such as potential Candidates, so that we can help you find suitable employees
In certain jurisdictions, using a web-based video identity verification process to verify a Client's identity and document this process
To the extent that this is carried out in your jurisdiction, we will ask for your consent before we start recording but rely on compliance with a legal obligation to the extent that we are compelled by applicable law to verify your identity (e.g. in the context of payments services)
Collecting and processing Client data in the course of obtaining Candidate references from Clients, and sharing this data with third parties who require these references where appropriate
Legitimate interests, namely it is in our interests to obtain Candidate references in the course of carrying out our services, and to verify details they have provided
Processing Client data for the purpose of targeting appropriate marketing campaigns for Hays' services
Legitimate interests, namely if we wish to reach out to you to tell you about our services, and we consider that it would be in your interests to hear about similar services to those that you have already expressed an interest in.
Collection of data via personalisation cookies/pixels and use of this data for profiling purposes so that Hays can show Clients both targeted and personalised content
This will include:
These personalisation cookies/pixels are used to understand how Clients engage with the website by recording their visit to the website, the pages they have visited, the interactions they have made and the links they have followed. Hays will use this information to understand what they may be interested in and tailor what it shows and sends to them accordingly
We will obtain your consent via the Cookie Preferences link on our website before we place personalisation cookies/pixels on your device and enable this functionality.
Hays may capture and analyse Clients' web-based behaviours using various items of data e.g. number of web visits made, number of candidates searched) in order to award a Client a weighted “approachability score” with a view to providing insights into Clients' needs and to allow Hays to follow up where needed
Consultants will use these scores as part of the shortlisting and ranking activities described in more detail below and as a factor in determining whether to approach/show roles to a Client (and what to show them), which will serve to supplement other data that Hays holds about the Client
Hays collection of web-based data will rely on the personalisation cookies/pixels that it places on Clients' devices as part of the personalisation activities described above
However, please note that we may still carry out engagement scoring activities even if a personalisation cookie is not placed on your device (e.g. we may consider the data that we already hold on our systems about you with a view to allocating you an engagement score even if you have opted out of the personalisation cookie)
We consider that it is in our legitimate interests to allocate you with an engagement score in order to help our consultants to make decisions in relation to suggesting relevant services and sending relevant communications to you
Hays may use the data that it collects via personalisation cookies/pixels e.g. web-based behaviours such as details of Clients' interactions with the website (e.g. applications, web page visits), to enrich the Client data and existing profiles about them that Hays already holds on its Systems
We consider that it is in our legitimate interests to enrich the data that we hold about you to help our consultants to make decisions in relation to suggesting relevant services and sending relevant communications to you
Disclosing Clients' data to the recipients listed in the section entitled “Who do we share your personal data with”, including the transfer, storage and processing of such data outside of the UK/European Economic Area for the purposes listed in the preceding tables
Preserving, sharing and otherwise processing Client data to establish, exercise or defend legal claims
This section of the Privacy Policy applies to Suppliers.
Suppliers include partnerships and companies (including sole traders), and atypical workers such as independent contractors and freelance workers, who provide services to Hays. In certain circumstances Hays will sub-contract the services it provides to Clients to third party suppliers who perform services on Hays' behalf. In this context, suppliers that are individual contractors, freelance workers, or employees of suppliers will be treated as Candidates for data protection purposes. Please note that in this context, Hays requires Suppliers to communicate the relevant parts of this Privacy Policy (namely the sections directed at Candidates) to their employees.
This section of the Privacy Policy also applies to other parties with which we have a business or other type of relationship (ranging from investors to charitable organisations).
We don't collect much data about Suppliers and other third parties with which we conduct a business relationship (e.g. investors) – we simply need to make sure that our relationship runs smoothly. We'll collect the details of contacts within your organisation, such as names, telephone numbers and email addresses. In the case of Suppliers, we'll also collect bank details, so that we can pay you. We may also hold extra information that someone in your organisation has chosen to tell us. In certain circumstances, such as when a Supplier engages with our Finance and Debt Recovery teams, our calls with you may be recorded, depending on the applicable local laws and requirements:
We collect Supplier and other third party personal data in the following ways:
Storing Supplier and other third party details (and updating them where necessary) on Hays' database, so that Hays can contact Suppliers and third parties in relation to Hays' agreements and business relationships with these parties
Collecting and processing data in the course of and to the extent necessary to receive support and services from Suppliers and maintain business relationships with other third parties
If you are an individual (e.g. a Supplier that operates as a sole trader) or you have entered or are about to enter into a contract with us or if you are making a request in the course of doing so, we may rely on the performance of a contract legal basis
In limited circumstances, we may need to rely on the compliance with a legal obligation legal basis to the extent that we are compelled by applicable law to conduct various checks in relation to our Suppliers and other third parties e.g. in relation to verifying that social contributions are being paid and obtaining lists of overseas employees)
Preserving, sharing and otherwise processing Supplier and third party data to establish, exercise or defend legal claims
The actual information used depends on the factual circumstances, but could include:
In certain jurisdictions, using a web-based video identity verification process to verify a Supplier or third party's identity and document this process
To the extent that this is carried out in your jurisdiction, we will ask for your consent before we start recording but rely on:
This section of the Privacy Policy applies to People Whose Data we receive from Candidates and Hays' Staff. These may include emergency contacts and referees. We will only contact them in appropriate circumstances.
What kind of personal information do we collect and how do we collect it?
All we need from referees is confirmation of what you already know about our Candidate or prospective member of Staff, so that they can secure that job they really want. Emergency contact details give us somebody to call on in an emergency. To ask for a reference, we'll obviously need the referee's contact details (such as name, email address and telephone number). We'll also need these details if our Candidate or a member of our Staff has put you down as their emergency contact so that we can contact you in the event of an accident or an emergency.
We will collect your date of birth, contact details and potentially some health information if a member of our Staff has put you down as a dependant or any other kind of beneficiary for a benefit connected with their employment or if a member of our Staff exercises certain employment rights. We may also be provided (by inference) with some limited information about your sexual orientation if a member of our Staff identifies you as a spouse or partner when putting you down as a dependant, next of kin or emergency contact:
Please note that the above list of categories of personal data we collect is not exhaustive.To the extent that you access our website or click through any links in an email from us, we will also collect certain data from you. If you would like more information about this, please refer to the Context-Specific section of this Privacy Policy that applies to Website Users.
We will only use the information that our Candidates or Staff give us about you for the following purposes:
We will use your personal data for these purposes if we deem this to be necessary for our legitimate interests or in accordance with applicable employment law.
If you are not happy about this, you have the right to object and can find out more about how to do so by referring to the section entitled “How can you access, amend or take back the personal data that you have given to us” in the General Privacy Information section of this Privacy Policy.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements. For more information in relation to your jurisdiction, please click here.
Legitimate interests, namely it is in our interests and your interests for us to:
Collecting and processing data of people whose data Hays receives from Candidates and Staff, such as referees, in the course of communicating with referees in order to obtain Candidate or Staff references, and sharing this data with third parties who require references where appropriate
Legitimate interests, namely it is in our interests to obtain Staff and Candidate references in the course of carrying out our services, and to verify details they have provided
Using the data of people whose data Hays receives from Candidates and Staff, such as referees, emergency contacts and dependants, to carry out marketing activities to promote Hays' services where Hays thinks the individual may be interested in becoming a Client (subject to any local laws and requirements)
We will obtain your opt-in consent
This section of the Privacy Policy applies to Website Users.
Website Users include any individual who accesses any of the Hays websites or any of the Hays mobile applications (apps).
We collect a limited amount of data from our Website Users which we use to help us to improve your experience when using our website or mobile apps and to help us manage the services we provide. This comprises information such as how you use our website or our mobile apps, the frequency with which you access our website or mobile apps, your browser type, your type of device, the location you view our website from, the language you choose to view it in and the times that our website is most popular. If you contact us via the website or the mobile apps, for example by using the chat function, or when you register for one of our newsletters, webinars or participate in any further offer of our website or mobile apps, we will collect any information that you provide to us, for example your name and contact details:
When you visit our website or mobile apps there is certain information that we will automatically collect, whether or not you decide to use our services namely your IP address, the date and the times and frequency with which you access the website or the mobile apps, the way you browse its content and other technical information. We will also collect data from you when you contact us via the website or the mobile apps, for example by using the chat function or when you register for one of our newsletters, webinars or participate in any further offer of our website or mobile apps.
We collect your data automatically via cookies or similar technology such as tracking pixels and HTML5 Local Storage in line with the cookie settings that you specify via the “Cookie Preferences” link at either the top or bottom of the website, or the settings in your browser. If you are also a Candidate or a Client of Hays, we will use data from your use of our websites to enhance other aspects of our communications with or service to you. If you would like to find out more about cookies or similar technology, including how we use them and what choices are available to you, please refer to the section entitled “Cookies” in the General Privacy Information section of this Privacy Policy.
The types of information that we collect about you in this way include:
We use your data to:
We will use your personal data for these purposes if we deem this to be necessary for our legitimate interests. If you are not happy about this, you have the right to object and can find out more about how to do so by referring to the section entitled “How can you access, amend or take back the personal data that you have given to us” in the General Privacy Information section of this Privacy Policy.
If you would like to find out more about cookies or similar technology, including how we use them and what choices are available to you, please refer to the section entitled “Cookies” in the General Privacy Information section of this Privacy Policy.
Collecting and processing data in the course of and to the extent necessary to provide Website Users with services they register for, including newsletters and online surveys
We will rely on legitimate interests, namely it is in our interests and your interests for us to provide you with these services and for you to receive them in support of our core business activities relating to recruitment
We will obtain opt-in consent before sending you any marketing materials
Collection of data via personalisation cookies/pixels and use of this data for profiling purposes so that Hays can show Website Users both targeted and personalised content. This will include:
These personalisation cookies/pixels are used to understand how Website Users engage with the website by recording their visit to the website, the pages they have visited, the interactions they have made and the links they have followed. Hays will use this information to understand what Website Users may be interested in and tailor what they are shown and sent accordingly.
Please note that if you access our services across multiple devices, you may need to adjust your settings via the Cookie Preferences link on each of your devices
To prevent and take measures against fraud, illegal activities, infringement of Hays' rights or interests, or other attacks to Hays' Systems
Legitimate interests, namely:
If we are under a legal obligation to share or otherwise process your data, compliance with a legal obligation, for example if we receive a valid legal request from a law enforcement agency, regulator or other body
This section of the Privacy Policy applies to Staff Alumni.
Staff Alumni include former members of Staff who have expressed their wish to remain part of Hays' alumni network and to use Hays' alumni portal.
If you are a former member of Staff and you want to be part of our alumni network and use our alumni portal, we will collect your name, the contact details that you would like us to use and any other information you would like to provide to us for staying in touch with you. We may also retain certain types of data that we held about you relating to your time with us as a member of Staff:
If you are a former member of Staff, we will ask you if you wish to remain part of our alumni network and use our alumni portal just before your departure. If you are interested, we will ask you to provide your name and contact details to us and give you the option to opt into receiving marketing communications that we think will be of interest to you as one of our alumni.
If you are a former member of Staff and you want to be part of our alumni network and use our alumni portal, we will use your data to engage and stay in touch with you in order to maintain our relationship with you, including by:
In most cases, we will use your personal data for the purposes below if we deem it necessary to do so for our legitimate interests.
Article 6(1)(f) of the GDPR says that we can process your data where it “is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of you which require protection of personal data.” If you are not happy about this, you have the right to object and you can find out more about how to do so by referring to the section entitled “How can you access, amend or take back the personal data that you have given to us” in the General Privacy Information section of this Privacy Policy.
Collecting and processing data in the course of and to the extent necessary to provide Staff Alumni with access to Hays' alumni network and alumni portal, including by storing Staff Alumni details on database
Legitimate interests, namely it is in our interests and your interests for us to provide you with access to the alumni network, portal, and relevant resources
Collecting and processing Staff Alumni data in the course of carrying out Hays opinion polls
Collecting and processing Staff Alumni data in the course of communicating with Staff Alumni, including by:
We will obtain your consent before using your data for marketing purposes. If you provide consent, you will be entitled to withdraw consent at any time
We will otherwise rely on legitimate interests, namely it is in our interests and your interests to:
This section of the Privacy Policy applies to Visitors.
Visitors include individuals who visit our premises but who are not members of our Staff.
Depending on the relevant circumstances and applicable local laws and requirements, we will collect some or all of the information listed below. In some jurisdictions, we are restricted from processing some of the data outlined below. In such cases, we will only process the data in those jurisdictions to the extent and under the circumstances permitted by law:
To the extent that you are visiting our premises as a Candidate, Client, Supplier/other third party or Temporary Worker, please also refer to the relevant Context-Specific section of this Privacy Policy which contains information about how we process your data in each of these scenarios in addition to the processing activities set out in this section.
We collect Visitor personal data in the following ways:
Hays needs to know certain information about you in order to provide you with access to its premises.
Hays will usually collect this information from you upon your arrival at our premises.
The types of information that receive from you in this way include:
To the extent that you connect to our Wi-Fi services, or are captured on our CCTV systems, where appropriate and in accordance with any local laws and requirements, we will also collect your data automatically (e.g. via website tracking scripts such as cookies or pixels) or through you providing it to us.
The types of information that collect about you in this way includes the Automatically collected information described in the section entitled “What Kind of Personal Information Do We Collect?” above.
We generally use Visitor data for Visitor Management purposes.
Visitor Management
Collecting and processing personal data to the extent necessary to keep a record of Visitors to our premises, including by:
We will rely on legitimate interests, namely it is in our interests to keep a record of all visitors to our premises for visitor management purposes, and to ensure the protection and security of our premises
Collecting health and travel-related special category information to maintain the health and safety of Staff and other Visitors and to prevent the spread of and assess the risk of COVID-19 and other infectious viruses and diseases
We rely on legitimate interests, namely it is in our interests to protect our business from COVID-19 and other infectious viruses and diseases by monitoring the health and travel background of our visitors. We have to make sure our business runs smoothly and our Staff and other Visitors may be put at risk if we do not implement appropriate measures to ensure that our Visitors pass the appropriate checks.
We may process your health and travel-related information pursuant to Article 9(2)(i) of the GDPR to enable us to process health-related information arising from or in connection with the COVID-19 pandemic or as otherwise applicable to enable us to take steps, where appropriate, to ensure the health and safety of Staff and other Visitors and to prevent the spread of and assess the risk of COVID-19 and other infectious viruses and diseases
Recording and processing images and videos of Visitors captured by Hays' CCTV systems
We will rely on legitimate interests, namely it is in our interests and your interests to maintain and protect the security of our premises and our Staff and other by preventing and detecting security threats or other criminal or harmful activities
Retaining and processing electronic identification data collected from Visitors and their electronic devices to enable them to access IT services e.g. guest Wi-Fi
We will rely on legitimate interests, namely it is in our interests and your interests for us to provide IT related services on our premises, such as guest Wi-Fi services
Where appropriate and in accordance with local laws and requirements, we generally share your personal data with the following categories of people:
There are also certain categories of people that we share your personal data with if you are a Candidate, Temporary Worker, Person whose data we receive (e.g. a referee) or Staff Alumni.
Candidates:
If you are a Candidate, we may also share your personal data with the following categories of people:
Temporary Workers:
If you are a Temporary Worker, we may also share your personal data with the following categories of people:
People whose data we receive:
If you are a referee of one of our Candidates, we may also share your personal data with the following categories of people:
Staff Alumni:
Clients and Suppliers:
Website Users:
Other Categories of people:
Hopefully this means less time for you trawling through endless pages and will get you into the employment you want more quickly.
The Cookie Preferences link on our website provides a list of the Cookies we use in your jurisdiction, why we use them and what types of Cookies they are.
How to manage or reject Cookies
Annex 1 How to contact us
Country in which you use Hays' services or supply Hays with services
Hays entity responsible for processing the personal data of Website Users
The Hays entity responsible for processing the personal data of Candidates, Temporary Workers, Clients, Suppliers and Third Parties, People Whose Data We Receive, Website Users, Staff Alumni and Visitors will depend on which of the below companies is the counterparty associated with the relevant arrangement
How you can get in touch with us:
with any comments or suggestions concerning this Privacy Policy
How you can get in touch with us to update your marketing preferences
Ireland
Hays Specialist Recruitment (Ireland) Limited
You can write to us at the following address:
26/27a Grafton Street, Dublin 2, Ireland.
Alternatively, you can contact our Data Protection Officer and data protection team by email at:dataireland@hays.com
You can do this by updating your profile here.
Alternatively you can email us at: dataireland@hays.com or by clicking the unsubscribe link in any marketing e-mail we send to you.
In the event that more than one of the Hays entities listed above jointly determines the means and purposes of processing personal data of the types of individuals listed above, the Hays entities will process such personal data as joint controllers for the purpose of Article 26(1) of the GDPR.
We adhere to the requirements imposed by the GDPR in relation to the establishment of joint controller relationships between Hays entities.
If you wish to exercise your rights under the GDPR in relation to the processing of your personal data by Hays entities operating on a joint controller basis, please contact us using the channels set out above.
Annex 2 How to Contact your Local Supervisory Authority
Details of your local supervisory authority
The Data Protection Commission. You can contact them in the following ways:
Annex 3 Country-Specific Variations to our Privacy Policy
PRIVACY POLICY TOPIC
JURISDICTION
COUNTRY-SPECIFIC LEGAL REQUIREMENT
HAYS' PROCESSING OF YOUR SENSITIVE PERSONAL DATA
Criminal Convictions
We only carry out criminal records checks where permitted by law.
DATA SUBJECT ACCESS REQUESTS (DSAR)
We can restrict your access to personal data within the scope of a DSAR in certain circumstances where we establish and document that it is necessary and proportionate in accordance with local law
OTHER RIGHTS
We have the right to refuse to respond to a request from you under the GDPR if one of the exemptions set out in local law applies e.g. in relation to the prevention and detection of criminal offences, establishing, exercising or defending of a legal claim or establishing legal rights and/or where material is legally privileged.
USE OF CANDIDATE, CLIENT, OR SUPPLIER DATA FOR MARKETING PURPOSES
As described in the main body of our Privacy Policy, we are entitled to rely on "soft opt-in" consent in respect of certain marketing messages that we wish to send to you. This applies in relation to direct marketing by electronic means to both private persons and businesses.
COOKIES
We will ensure that the minimum requirements under local law are met in respect of placing cookies: (i) that clear information is provided to a website user as to the cookies to which he/she is being asked to consent to when using a website; and (ii) that website users have a means of refusing or giving consent to cookies which are not strictly necessary. Where consent is provided, it must be captured either explicitly or by implication.
HAYS' PROCESSING OF VIDEO RECORDINGS
We may from time to time record your question and answer sessions and/or video interviews to support our recruitment services for you and our work in finding opportunities for Clients. The video recordings shall be shared with Clients and viewed via a secure third party platform. Video recordings will be removed from the third party platform once they are no longer needed or if a Candidate requests deletion. Video recordings will be retained by Hays in line with normal Hays’ retention policy.
HAYS' PROCESSING AND SHARING OF REFERENCES
We adopt a policy of openness, where possible, in relation to references that referees provide about Candidates.
This means that if a Candidate wishes to see a reference that a referee has provided about them, we will endeavour to comply with the Candidate's request unless the referee objects to us doing so (and we will give the referee the opportunity to object).
As well as sharing references provided by a referee with the Candidate, we will also share references with third parties, such as Clients (e.g. those seeking to employ the Candidate) and MSP providers (e.g. if they request references while conducting an audit of the participants in an MSP programme) unless the referee objects to us doing so (and we will give the referee the opportunity to object).