PRIVACY POLICY
We value your privacy.
PRIVACY POLICY
1. Introduction
1.1 Broad & Wall Human Resources Consultancy S.L. (in the trading style of Broad & Wall) understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.broadnwall.com (“Our Site”), and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
1.2. This Privacy Policy explains what we do with your personal data, whether we are in the process of helping you find a job, continuing our relationship with you once we have found you a role, providing you with a service, receiving a service from you or using your data to ask for your assistance in relation to one of our Candidates, Clients or Suppliers.
1.3 It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
1.4 This Privacy Policy applies to the personal data of our Candidates, Clients, Suppliers, and other people whom we may contact in order to find out more about our Candidates. It also applies to the emergency contacts of our Staff.
1.5 For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), the company responsible for your personal data ("Broad & Wall" or "us") can be found in Annex 1 - “How to contact us” section.
1.6 It is important to point out that we may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here.
1.7 If you are dissatisfied with any aspect of our Privacy Policy, you may have legal rights and, where relevant, we have described these as well.
1.8 This Privacy Policy applies in relevant countries throughout our international network.
2. Who we are
2.1 Our Site is owned and operated by Broad & Wall Human Resources Consultancy S.L. (in the trading style of Broad & Wall), a limited company registered in Spain under company number B93738029, whose registered address is Edificio Malaga Regus, Plaza de la Solidaridad No 12, 5a planta, 29002 Malaga, Spain. The Company is a human resources consultancy business that provides human resources management consultancy and work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller with responsibilities of retaining information accurately, and sharing data with data processors legally and only the required information to meet the service.
2.2 Our VAT number is ES B937 380 29.
2.3 Our Data Protection Officer is Ismail Kurban, and can be contacted by email at ismail@broadnwall.com, by telephone at +34 689 785 677, or by post at Edificio Malaga Regus, Plaza de la Solidaridad No 12, 5a planta, 29002 Malaga, Spain.
3. Definitions
In this Policy, the following terms shall have the following meanings:
* Personal Data – means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”).
* General Data Protection Regulation (GDPR) – is a European Union statutory instrument that aims to harmonize European data protection laws. It has an effective date of 25 May 2018, and any references to it should be construed accordingly to include any national legislation implementing it.
* Cookie – means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site. Details of the Cookies used by Our Site are set out in section 5.6 Website Users, below and in our Cookie Policy.
* We/Us/Our – means Broad & Wall Human Resources Consultancy S.L. (in the trading style of Broad & Wall), a limited company registered in Spain under company number B93738029, whose registered address (and main trading address) is Edificio Malaga Regus, Plaza de la Solidaridad No 12, 5a planta, 29002 Malaga, Spain.
* Candidates – includes applicants for all roles advertised or promoted by Broad & Wall, including permanent, part-time, and temporary positions and freelance roles with Broad & Wall's Clients; as well as people who have supplied a speculative CV to Broad & Wall, not in relation to a specific job. Individual contractors, freelance workers, and employees of suppliers or other third parties put forward for roles with Broad & Wall will be treated as candidates for the purposes of this Privacy Policy.
* Clients – while it speaks for itself, this category covers our customers, clients, and others to whom Broad & Wall provides services in the course of its business.
* Other people whom Broad & Wall may contact – may include Broad & Wall's Staff emergency contacts and referees. We will only contact them in appropriate circumstances.
* Staff – includes employees and interns engaged directly in the business of Broad & Wall (or who have accepted an offer to be engaged) as well as certain other workers engaged in the business of providing services to Broad & Wall (even though they are not classed as employees). To be clear, 'Staff' does not include individuals hired or introduced by Broad & Wall for the purpose of being placed or helping Clients. Independent contractors and consultants performing services for Broad & Wall fall within the definition of a 'Supplier' for the purposes of this Privacy Policy.
* Suppliers – refers to partnerships and companies (including sole traders), and atypical workers such as independent contractors and freelance workers, who provide services to Broad & Wall.
* Website Users – any individual who accesses any of the Broad & Wall websites.
4. What kind of data do we collect?
4.1 CANDIDATE DATA: In order to provide the best possible employment opportunities that are tailored to you, we need to process certain information about you. We only ask for details that will genuinely help us to help you, such as your name, contact details, education details, employment history, immigration status, financial information, and social security number (and of course, you may choose to share other relevant information with us). Where appropriate and in accordance with local laws and requirements, we may also collect information related to your health, diversity information, or details of any criminal convictions.
We thus may collect the following:
* Name;
* Sex/Gender
* Photograph;
* Contact details (home telephone number, mobile numbers);
* Emails and Email addresses;
* Education details;
* Employment history;
* Referee details;
* Immigration status (whether you need a work permit);
* A copy of your driving license and/or passport and/or identity card;
* Details about your current remuneration, pensions, and benefits arrangements;
* Information on your interests and needs regarding future employment, both collected directly and inferred, for example, from interviews/discussions with you;
* Extra information that you choose to tell us;
* Extra information that your referees choose to tell us about you;
* Extra information that our Clients may tell us about you, or that we find from other third-party sources such as LinkedIn;
* Any emails you may have sent us may contain further information in addition to the above.
Please note that the above list of categories of personal data we may collect is not exhaustive.
4.2 CLIENT DATA: If you are a Broad & Wall customer, we need to collect and use information about you, or individuals at your organization, in the course of providing you services such as:
(i) finding Candidates who are the right fit for you or your organization;
(ii) delivering Intellectual Property,
(iii) reports on market trends; and
(iv) notifying you of content published by Broad & Wall which is likely to be relevant and useful to you.
However, 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 organization (such as their names, telephone numbers, and email addresses) to enable us to ensure that our relationship runs smoothly. We also hold information relating to your online engagement with Candidate profiles and other material published by Broad & Wall, 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 organization has chosen to tell us. If we need any additional personal data for any reason, we will let you know.
4.3 SUPPLIER DATA: We need a small amount of information from our Suppliers to ensure that things run smoothly. We need the contact details of relevant individuals at your organization so that we can communicate with you. We also need other information such as your bank details so that we can pay for the services you provide (if this is part of the contractual arrangements between us).
4.4 PEOPLE WHOSE DATA WE RECEIVE FROM STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS: In order to provide Candidates with suitable employment opportunities safely and securely and to provide for every eventuality for them and our Staff, we need some basic background information. We only ask for very basic contact details, so that we can get in touch with you. 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 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.
4.5 WEBSITE USERS: When someone visits www.broadnwall.com, we collect standard internet log information and details of visitor behavior patterns. This allows us to find out things such as the number of visitors to the various parts of the site. We collect this information in a way that does not identify anyone and we do not make any attempt to find out the identities of those visiting any of our websites.
Details of the Cookies and other technologies used by Our Site are set out in our Cookie Policy.
5. How do we collect your personal data?
5.1 CANDIDATE DATA: There are two main ways in which we collect your personal data:
* Directly from you
* From third parties
5.1.1 Personal data you give to us
Broad & Wall needs to know certain information about you in order to provide a tailored service. This will enable us to provide you with the best opportunities and should save you time.
There are numerous ways you can share your information with us. It all depends on what suits you. These may include:
* Entering your details into an email having been directed from the Broad & Wall website,
* Leaving a hard copy CV at a Broad & Wall office; or,
* Emailing your CV to a Broad & Wall consultant or being interviewed by them.
5.1.2 Personal data we receive from other sources
We also receive personal data about Candidates from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:
* Your referees may disclose personal information about you;
* Our Clients may share personal information about you with us;
We may obtain information about you by searching for potential Candidates from third-party sources, such as LinkedIn.
5.2 CLIENT DATA: There are two main ways in which we collect your personal data:
* Directly from you; and
* From third parties (e.g. our Candidates) and other limited sources (e.g. online and offline media).
5.2.1 Personal data that we receive directly from you
We both share the same goal – to make sure that you have the best staff and apply the best human resources management practices for your organization. We will receive data directly from you in two ways:
* Where you contact us proactively, usually by phone or email; and/or
* Where we contact you, either by phone or email or through our consultants' business development activities more generally.
5.2.2 Personal data we receive from other sources
Where appropriate and in accordance with any local laws and requirements, we may seek more information about you or your colleagues from other sources generally by way of due diligence or other market intelligence including:
* From third party market research and by analyzing online and offline media (which we may do ourselves, or employ other organizations to do for us);
* From delegate lists at relevant events; and
* From other limited sources and third parties (for example from our Candidates to the extent that they provide us with your details to act as a referee for them).
5.3 SUPPLIER DATA: We collect your personal data during the course of our work with you.
To the extent that you send us an email, we may also collect certain data.
5.4 PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES AND STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS: We collect your contact details only where a Candidate or a member of our Staff puts you down as their emergency contact or where a Candidate gives them to us in order for you to serve as a referee.
5.5 WEBSITE USERS: There are two ways in which we collect your personal data:
* Use of Cookies
* Website Analytics
5.5.1 Use of Cookies
Cookies are small pieces of data stored on a site visitor's browser. They are typically used to keep track of the settings users have selected and actions they have taken on a site. They are also widely used in order to make websites work, or work more efficiently.
Our website is hosted on the Wix.com platform. Wix.com provides us with the servers that store our website content and act as our communication interface with you. On our website, only essential cookies are placed via the Wix.com platform. We have no influence on this.
Wix.com platform uses cookies for important reasons, such as:
* To provide a great experience for our visitors and customers.
* To monitor and analyze the performance, operation, and effectiveness of Wix's platform.
* To ensure our platform is secure and safe to use.
5.5.2 Visitor Analytics
Our Site uses third-party analytics services provided by Visitor Analytics. Visitor Analytics is a simple website analytics service that measures the traffic on our website and website visitors' general details. We collect statistics like which pages visitors visit and when, where they are approximately located, where they land first, or if they are coming from a specific referral to make our website visitors' experience better.
As a website operator using Visitor Analytics, we process information about our visitors' device type and screen size/resolution, approximate location, browser, OS, IPs, page visits, bounce rate, conversions, conversion funnels, average sessions per visitor, average pages per session, average session duration, time spent on the website and preferably visited content on the website. All this data is pseudonymized and Visitor Analytics will not use the collected data to identify individual users or to match the data with additional information on an individual user.
Details of the Cookies and other technologies used by Our Site are set out in our Cookie Policy.
6. How do we use your personal data?
6.1 CANDIDATE DATA: The main reason for using your personal details is to help you find employment or other work roles that might be suitable for you. The more information we have about you, your skillset, and your ambitions, the more bespoke we can make our service.
We only use Candidate data For Professional Search and Executive Search.
6.1.1 Professional Search & Executive Search
Obviously, our main area of work is Professional Search and Executive Search – connecting the right Candidates with the right roles. We've listed below various ways in which we may use and process your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive:
* Collecting your data from you and other sources, such as LinkedIn;
* Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to opportunities;
* Assessing data about you against opportunities we think may be suitable for you;
* Sending your information to Clients
* Enabling you to submit your CV - Carrying out our obligations arising from any contracts entered into between Broad & Wall and third parties in relation to your recruitment;
* Facilitating our payroll and invoicing processes;
We may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests. If you want to know more about what this means, please go to section 12, “Our legal basis for processing your data”, later in this notice. If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do by contacting your supervisory authority – see Annex 2.
Please note that we comply with additional local law requirements in certain of the jurisdictions in which we operate. For more information in relation to your jurisdiction, please see Annex 3.
6.1.2 Marketing Activities
We may periodically send you information that we think you may find interesting or ask for your help with connecting other Candidates with jobs. In particular, we may wish to use your data for the purposes listed below, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive. To enable us to develop and market other products and services;
We ask for your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the collection of data via cookies, and website analytics). We ask for this via an opt-in or soft-opt-in at the time you first enter our website. Please note that we comply with additional local law requirements in certain of the jurisdictions in which we operate. For more information in relation to your jurisdiction, please see Annex 3.
Soft opt-in consent is a specific type of consent that applies where you have previously engaged with us (for example by submitting a CV or instructing us on a search). Under ‘soft opt-in’ consent, we will take your consent as given unless or until you opt-out. For most people, this is beneficial as it allows us to suggest other opportunities to you alongside the specific one we approached you for, significantly increasing the likelihood of us finding you a new position.
If you are not happy about our approach to marketing, you have the right to withdraw your consent at any time and can find out more about how to do so by contacting us or your supervisory authority.
6.1.3 To help us to establish, exercise, or defend legal claims
In more unusual circumstances, we may use your personal data to help us to establish, exercise, or defend legal claims.
You have the right to withdraw that consent at any time and can find out more about how to do so contact us at dpo@broadnwall.com
6.2 CLIENT DATA: The main reason for using information about Clients is to ensure that the contractual arrangements between us can properly be implemented so that the relationship can run smoothly. This may involve:
(i) identifying Candidates whom we think will be the right fit for you or your organization;
(ii) identifying individuals or teams we believe may be of value to your business
(iii) Identifying potential acquisition targets we believe may be of value to your business
The more information we have, the more bespoke we can make our service.
We use Client information for:
* Professional Search and Executive Search Activities,
* Introducing speculative opportunities and providing consulting services,
* To help us to establish, exercise, and or defend legal claims.
6.3 SUPPLIER DATA: The main reasons for using your personal data are to ensure that the contractual arrangements between us can properly be implemented so that the relationship can run smoothly and comply with legal requirements. We will only use your information:
* To store (and update when necessary) your details on our database so that we can contact you in relation to our agreements;
* To offer services to you or to obtain support and services from you;
* To perform certain legal obligations;
* In more unusual circumstances, to help us to establish, exercise, or defend legal claims.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests.
6.4 PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES AND STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS: We use referees’ personal data to help our Candidates to find employment that is suited to them. If we are able to verify their details and qualifications, we can make sure that they are well-matched with prospective employers. We may also use referees' personal data to contact them in relation to recruitment activities that may be of interest to them. We use the personal details of a Staff member's emergency contacts in the case of an accident or emergency affecting that member of Staff. So, for example:
* If our Staff members put you down on our form as an emergency contact, we'll contact you in the case of an accident or emergency affecting them; or
* If you were put down by a prospective member of Staff as a referee, we will contact you in order to take up a reference.
* If you were put down by a prospective member of Staff as a referee, we may sometimes use your details to contact you in relation to recruitment activities that we think may be of interest to you, in which case we will use your data for the same purposes for which we use the data of Clients.
We may 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 contacting us at dpo@broadnwall.com.
6.5 WEBSITE USERS: We use;
6.5.1 Cookies
Our website is hosted on the Wix.com platform. Wix.com provides us with the servers that store our website content and act as our communication interface with you. On our website, only essential cookies are placed via the Wix.com platform. We have no influence on this.
Wix.com platform uses cookies for important reasons, such as:
* To provide a great experience for our visitors and customers.
* To monitor and analyze the performance, operation, and effectiveness of Wix's platform.
* To ensure our platform is secure and safe to use.
6.5.2 Website Analytics
By using a third-party analytics service provided by Visitor Analytics on the Wix.com platform, we collect statistics like which pages visitors visit and when, where they are approximately located, where they land first, or if they are coming from a specific referral, to make our website visitors' experience better.
Data of users collected in such a way are pseudonymized by means of technical measures. Therefore, an allocation of data to the accessing user is no longer possible.
Details of the Cookies and other technologies used by Our Site are set out in our Cookie Policy.
7. Who do we share your personal data with?
7.1 CANDIDATE DATA: Primarily, we will share your information with prospective employers to increase your chances of securing the job you want.
We may share with the following categories of people:
* Any of our group companies;
* Individuals and organizations who hold information related to your reference or application to work with us.
* Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data (for example, because of a request by a tax authority or in connection with any anticipated litigation);
* Third-party service providers who perform functions on our behalf (including external consultants, business associates, and professional advisers such as lawyers, auditors and accountants, technical support functions, and IT consultants carrying out testing and development work on our business technology systems);
* Third-party outsourced IT and document storage providers where we have an appropriate processing agreement (or similar protections) in place;
* In the case of Candidates: potential employers
* In the case of Candidates and our prospective members of Staff referees: third parties who we have retained to provide services such as reference, qualification, and criminal convictions checks, to the extent that these checks are appropriate and in accordance with local laws;
* If Broad & Wall merges with or is acquired by another business or company in the future, (or is in meaningful discussions about such a possibility) we may share your personal data with the (prospective) new owners of the business or company.
* Staff referees
7.2 CLIENT DATA: We will only share your data with your express permission.
7.3 SUPPLIER DATA: Unless you specify otherwise, we may share your information with any of our group companies and associated third parties such as our service providers and organizations to whom we provide services.
7.4 WEBSITE USERS:
7.4.1 Cookies
Our website is hosted on the Wix.com platform. The handling of data by Wix.com is governed by the Wix.com privacy policy which can be viewed on their website at https://www.wix.com/about/privacy.
7.4.2 Website Analytics
As a website operator using third-party analytics services provided by Visitor Analytics, all visitors’ data is pseudonymized and Visitor Analytics doesn’t use the collected data to identify individual users or to match the data with additional information on an individual user.
The handling of data by Visitor Analytics is governed by the Visitor Analytics privacy policy which can be viewed on their website at;
https://www.visitor-analytics.io/fileadmin/visitor-analytics/downloads/dpa/20210622_visitor-analytics_data-processing-agreement_en.pdf
Details of the Cookies and other technologies used by Our Site are set out in our Cookie Policy.
8. How do we safeguard your personal data?
We care about protecting your information. That's why we put in place appropriate measures that are designed to prevent unauthorized access to, and misuse of, your personal data. We do this by having in place a range of appropriate technical and organizational measures. These include measures to deal with any suspected data breach.
If you suspect any misuse or loss of or unauthorized access to your personal information, please let us know immediately at dpo@broadnwall.com.
9- How long do we keep your personal data?
We will keep your personal data for as long as we need to in order to fulfill the purpose we collected it for, which may be an ongoing purpose. For example, suppose you’re a candidate. In that case, we will retain your personal data for the duration of our business relationship with you and beyond, as we often support candidates with job placements over many years and potentially throughout their careers.
10. How can you access, amend or take back the personal data that you have given us?
Even if we already hold your personal data, you still have various rights in relation to it. To get in touch about these, please contact us. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of any applicable laws. Please note that we may keep a record of your communications to help us resolve any issues which you raise.
Your rights;
10.1 Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.
This right enables you to object to us processing your personal data where we do so for one of the following three reasons:
(i) our legitimate interest;
(ii) to enable us to perform a task in the public interest or
(iii) exercise official authority;
The "legitimate interests" category above is the most likely to apply to our Candidates, Clients, and Suppliers. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:
* we can show that we have compelling legitimate grounds for the processing that override your interests; or
* we are processing your data for the establishment, exercise, or defense of a legal claim.
If your objection relates to direct marketing, we must act on your objection by ceasing this activity.
10.2 Right to withdraw consent: Where we have obtained your consent to process your personal data, you may withdraw your consent at any time.
10.3 Data Subject Access Requests (DSAR): Just so it's clear, you have the right to ask us to confirm what information we hold about you at any time, and you may ask us to modify, update or Delete such information. At this point we may comply with your request or, additionally do one of the following:
* we may ask you to verify your identity, or ask for more information about your request; and
* where we are legally permitted to do so, we may decline your request, but we will explain why if we do so.
At this time we may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject access requests and may refuse your request in accordance with such laws. For more information in relation to your jurisdiction, please go to Annex 3.
10.4 Right to erasure: In certain situations, (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do agree to your request, we will Delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimize the chances of you being contacted in the future when your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.
10.4.1 Your right to request that we erase your personal data in certain circumstances must normally meet one of the following criteria:
* the data are no longer necessary for the purpose for which we originally collected and/or processed them;
* where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing;
* the data has been processed unlawfully (i.e. in a manner that does not comply with the GDPR);
* it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or
* if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.
10.4.2 Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject right to erasure and may refuse your request in accordance with local laws. For more information in relation to your jurisdiction, please go to Annex 3.
10.4.3 We would only be entitled to refuse to comply with your request for one of the following reasons:
* to comply with legal obligations or for the performance of a public interest task or exercise of official authority;
* to exercise or defend a legal claim.
10.4.4 When complying with a valid request for the erasure of data we will take all reasonably practicable steps to Delete the relevant data.
10.5 Right of data portability: If you wish, you have the right to transfer your data from us to another data controller. We will help with this – either by directly transferring your data for you or by providing you with a copy in a commonly used machine-readable format. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data to another online platform. Alternatively, we may directly transfer the data for you. This right of data portability applies to:
(i) personal data that we process automatically (i.e. without any human intervention);
(ii) personal data provided by you; and
(iii) personal data that we process based on your consent or in order to fulfill a contract.
10.6 Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with your local supervisory authority, details of which can be found in Annex 2.
10.7 Right to restrict processing: You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until:
(i) one of the circumstances listed in 10.7.1 is resolved;
(ii) your consent; or
(iii) further processing is necessary for either the establishment, exercise, or defense of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest.
10.7.1 The circumstances in which you are entitled to request that we restrict the processing of your personal data are:
where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;
* where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;
* where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and
* where we have no further need to process your personal data but you require the data to establish, exercise or defend legal claims.
10.7.2 If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
10.8 Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.
10.8.1 It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold your data.
10.8.2 If your interests or requirements change let us know by emailing us at;
dpo@broadnwall.com
11. How do we store and transfer your data internationally?
11.1 Broad & Wall is a global organization – this is what enables us to offer the level of services that we do. In order for us to continue operating in this way, we may have to transfer your data internationally.
11.2 In order to provide you with the best service and to carry out the purposes described in this Privacy Policy, your data may be transferred:
* between and within Broad & Wall entities;
* to overseas Clients;
* to Clients within your country who may, in turn, transfer your data internationally;
* to a cloud-based storage provider;
11.3 We want to make sure that your data are stored and transferred in a way that is secure. We will therefore only transfer data outside of the European Economic Area or EEA (i.e. the Member States of the European Union, together with Norway, Iceland, and Liechtenstein) where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, for example:
* by way of the data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission for the transfer of personal data by data controllers in the EEA to data controllers and processors in jurisdictions without adequate data protection laws; or
* by signing up to the EU-U.S. Privacy Shield Framework for the transfer of personal data from entities in the EU to entities in the United States of America or any equivalent agreement in respect of other jurisdictions; or
* transferring your data to a country where there has been a finding of adequacy by the European Commission in respect of that country's levels of data protection via its legislation; or
* where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interests for the purposes of that contract (for example, if we need to transfer data outside the EEA in order to meet our obligations under that contract if you are a Client of ours); or
* where you have consented to the data transfer.
11.4 To ensure that your personal information receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your personal data with to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the law on data protection.
11.5 The personal and sensitive data for candidates, clients, suppliers, and people whose data we receive from candidates and staff, such as referees and emergency contacts will be kept on our recruitment system, Bullhorn, for as long as is required for the purposes of which it was collected or as required by law or to comply with statutory requirements.
11.6 Bullhorn is a leading global provider of CRM and business software for the recruitment industry. Over 8,000 recruitment agencies rely on the cloud-based Bullhorn platform. Bullhorn is headquartered in Boston. As a data processor, Bullhorn is committed to complying with the EU data protection regulations. Bullhorn was one of the first companies to offer Applicant Tracking Systems (ATS) which are certified in accordance with the SOC-1 Standard Occupational Classification system. Bullhorn was also one of the first SaaS companies (Software-as-a-Service) outside of the financial services industry to carry out security tests in accordance with the SSAE-16/18 framework. (https://www.bullhorn.com/privacy)
11.7 Your data will only be stored within the servers of Bullhorn located in the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein).
11.8 Data security is very important to us, and to protect your data we have taken suitable measures to safeguard and secure data.
12. Our legal basis for processing your data: legitimate interests
12.1 Article 6(1)(f) of the GDPR is the one that is relevant here – it 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."
12.2 We don't think that any of the following activities prejudice individuals in any way – in fact, they help us offer you a more tailored, efficient service, so everyone's a winner! However, you do have the right to object to us processing your personal data on this basis.
12.3 Please note that in certain of the jurisdictions in which we operate, a different legal basis for data processing might apply in certain cases. For more information in relation to your jurisdiction, please go to Annex 3
12.4 CANDIDATE DATA:
We consider it reasonable to expect that if you are interested in an opportunity we have presented to you, you are happy for us to collect and otherwise use your personal data and share that information with prospective employers. Your prospective employer may also want to double-check any information you've given us or to confirm your references and qualifications, to the extent that this is appropriate and in accordance with local laws.
12.5 SUPPLIER DATA:
We use and store the personal data of individuals within your organization in order to facilitate the receipt of services from you as one of our Suppliers. We also hold your financial details, so that we can pay you for your services. We deem all such activities to be necessary within the range of our legitimate interests as a recipient of your services.
12.6 PEOPLE WHOSE DATA WE RECEIVE FROM CANDIDATES AND STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS:
12.6.1 If you have been put down by a Candidate or a prospective member of Staff as one of their referees, we use your personal data in order to contact you for a reference. This is a part of our quality assurance procedure and so we deem this to be necessary for our legitimate interests.
12.6.2 If a Staff member has given us your details as an emergency contact, we will use these details to contact you in the case of an accident or emergency. This is a vital element of our people-orientated organization, and necessary for our legitimate interests.
13. Consent
13.1 In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent or soft opt-in consent.
13.2 Article 4(11) of the GDPR states that (opt-in) consent is "any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her." In plain language, this means that:
* you have to give us your consent freely, without us putting you under any type of pressure;
* you have to know what you are consenting to – so we'll make sure we give you enough information;
* you should have control over which processing activities you consent to and which you don’t.
* you need to take positive and affirmative action in giving us your consent
We will keep records of any consent that you have given.
13.3 Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding consenting to receive marketing materials. For more information in relation to your jurisdiction, please go to Annex 3.
13.4 ESTABLISHING, EXERCISING, OR DEFENDING LEGAL CLAIMS
13.4.1 Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing "is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity".
13.4.2 This may arise for example where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.
Annex 1 - How to contact us?
Country in which you use Broad & Wall's services or supply Broad & Wall with services: Spain
The Broad & Wall entity responsible for processing the personal data of Candidates, Clients, Suppliers and the emergency contacts and referees of Candidates and Broad & Wall’s Staff will depend on which of the below companies is the counterparty associated with the relevant arrangement: Broad & Wall Human Resources Consultancy S.L.
How you can get in touch with us:
You can write to us at the following address: Broad & Wall Human Resources Consultancy S.L., Edificio Malaga Regus, Plaza de la Solidaridad No 12, 5a planta, 29002 Malaga, Spain;
Alternatively, you can send an email to: dpo@broadnwall.com
Annex 2 - How to contact your local supervisory authority
Country in which you use Broad & Wall’s services or supply Broad & Wall with services: Spain
Details of your local supervisory authority: The Spanish Data Protection Agency (AEPD). You can contact them in the following ways:
Post: The Spanish Data Protection Agency (AEPD)
C/ Jorge Juan, 6. 28001, Madrid, Spain
Annex 3 - Country-specific variations to our privacy policy
PRIVACY POLICY TOPIC: BROAD & WALL’S PROCESSING OF YOUR SENSITIVE PERSONAL DATA
JURISDICTION: Spain
COUNTRY-SPECIFIC LEGAL REQUIREMENT: Where your personal data are processed in accordance with the fair processing condition relating to our rights and obligations under employment and social security law, this relates to our processing of your personal data which is necessary for compliance with legal obligations (such as ensuring that we pay you statutory sick pay, comply with the statutory employment protections that you enjoy, comply with health and safety laws, and ensure that appropriate National Insurance contributions are made).
Updated at 2022/20/05