GDPR Privacy Notice for Parasol Employees

What is the purpose of this document?

Parasol Limited is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the UK General Data Protection Regulation (“UK GDPR”). It applies to all employees, workers and contractors.

Parasol is a “data controller” under the UK GDPR and the Data Protection Act 2018. This means that we are responsible for deciding how we hold and use personal information about you. Parasol is part of the Optionis Limited group of companies (“Group”) and your information is gathered, shared and used by the Group as set out in this privacy notice. We are required under data protection legislation to notify you of the information contained in this privacy notice. Any reference to “we” or “us” means Parasol and our Group.

This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

Data Protection Principles

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

The kind of information we hold about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are special categories of more sensitive personal data which require a higher level of protection.

We may collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
  • Date of birth.
  • Gender.
  • Marital status.
  • Next of kin and emergency contact information.
  • National Insurance number.
  • Bank account details, payroll records and tax status information.
  • Salary, annual leave, pension and benefits information.
  • Start and end date.
  • Location of employment or workplace.
  • Copy of driving licence or passport.
  • Nationality.
  • Copy of visa (if applicable), any other immigration information, European Settlement Status or Pre-Settlement Status.
  • Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter as part of the application process.
  • Employment records (including job titles, work history, working hours, working pattern, training records and professional memberships).
  • Compensation history.
  • Performance information.
  • Time and attendance records.
  • Disciplinary and grievance information.
  • Information about your use of our information and communication systems.
  • Calls may be recorded for training and quality purposes.

We may also collect, store and use the following special categories of more sensitive personal information:

  • Trade union membership.
  • Information about your health, including any medical condition, health and sickness records.

How is your personal information collected?

We collect most of this personal information from you either directly or via our secure online client portal (My Parasol). However, we may also collect information from recruitment agencies, end- clients, personnel records, pension administrators, our portal, consultants and other professionals we may engage, e.g., to advise us generally and/or in relation to any grievance, conduct appraisal or performance review procedure voicemail verification sources and background check provider.

We will collect additional personal information in the course of job-related activities, such as email and phone correspondence, throughout the period of you working.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  • Where we need to perform the contract we have entered into with you.
  • Where we need to comply with a legal obligation.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

  • Where we need to protect your interests (or someone else’s interests).
  • Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information
We need all the categories of information in the list above (see The kind of information we hold about you) primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

  • Verifying your identity.
  • Determining the terms on which you enter into a contract of employment with us.
  • Checking you are legally entitled to work in the UK.
  • Paying you and, if you are an employee, deducting tax and National Insurance contributions.
  • Providing pension benefits to you.
  • Liaising with your pension provider.
  • Performing the contract we have entered into with you.
  • Business management and planning, including accounting and auditing.
  • Gathering evidence for possible grievance or disciplinary hearings.
  • Making decisions about your continued employment or engagement.
  • Making arrangements for the termination of our working relationship.
  • Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
  • Ascertaining your fitness to work.
  • Managing sickness absence.
  • Complying with health and safety obligations.
  • To prevent fraud.
  • To conduct data analytics studies to review and better understand employee retention and attrition rates.
  • To send you information relevant to your employment.
  • To send you engagement emails to communicate information regarding offers, benefits, rewards, competitions and prizes; and information regarding other services within the Group that may be of interest or benefit to you.
  • Equal opportunities monitoring.
  • Gender pay gap reporting.
  • To contact you within a 12-month period of you leaving our employment to ask you whether you wish to re-join us.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Changes of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

Special categories of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

  • In limited circumstances, with your explicit written consent.
  • Where we need to carry out our legal obligations and in line with our data protection policy.
  • Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with our data protection policy.
  • Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about employees or former employees in the course of legitimate business activities with the appropriate safeguards.

Our obligations as an employer

We will use your particularly sensitive personal information in the following ways:

  • We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work and to monitor and manage sickness absence.

Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Data sharing

We may have to share your data with third parties, including third-party service providers, professional advisers, agencies and end-clients to whom we provide services to, potential purchasers of some or all of our business or on a re-structuring and other entities in the Group. We require third parties to respect the security of your data and to treat it in accordance with the law. We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?
We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service provider process my personal information?
“Third Parties” includes third-party service providers (including contractors and designated agents) and other entities within our Group. The following activities are carried out by third-party service providers: pension administration, IT and marketing services including use of cookies and trackers and benefit, reward and loyalty providers.

How secure is my information with third-party service providers and other entities in our Group?
All our third-party service providers and other entities in the Group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

When might you share my personal information with other entities in the Group?
Internal staff who support and administer your employment are employed by Optionis Group Limited. We will also share your personal information with other entities in our Group as part of our regular reporting activities on company performance, for system maintenance support and hosting of data and when you request to receive services or information about any of our other entities in our Group.

What about third parties?
We may share your personal information with other third parties, for example we may need to share your personal information with a regulator or to otherwise comply with the law.

The table set out in the schedule summarises the information we collect and hold, how and why we do so, how we use it and with whom it may be shared.

We seek to ensure that our information collection and processing is always proportionate. We will notify you of any changes to information we collect or to the purposes for which we collect and process it.

Transferring information outside the EU
We may transfer the personal information we collect about you outside the EU in order to perform our contract with you. There is an adequacy decision by the European Commission in respect of that country. This means that the country to which we transfer your data is deemed to provide an adequate level of protection for your personal information.

However, to ensure that your personal information does receive an adequate level of protection we have put in place the following appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the EU and UK laws on data protection:

  • Agreements have been put in place and current agreements have been updated in order to ensure a certain level of security is applied to personal information at all times.
  • Systems have been reviewed to ensure compliance with the GDPR.

Data Security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data Retention

How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes
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 your working relationship with us.

Your rights in connection with personal information
Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.
  • If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Data Team by emailing data@optionis.co.uk.
  • No fee usually required.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to widthdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Team by emailing data@optionis.co.uk. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data protection team

We have appointed a Data Team as our privacy advisers to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Team by emailing data@optionis.co.uk. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact data@optionis.co.uk.

The information we collect Why we collect the information How we use and may share the information
Your name, contact details (ie address, home and mobile phone numbers, email address) and emergency contacts (ie name, relationship and home and mobile phone numbers). To enter into/perform the employment contract.Legitimate interest: to maintain employment records and good employment practice, to maintain our accreditations so we can demonstrate we operate at the highest standards, to keep in touch with you within a 12- month period once you have left our employment, to provide you with offers and benefits and invite you to
partake in competitions and prizes.
To enter into/perform the employment contract.
Information shared with the agency and/or end client we have contracted with for you to supply services to the end- client, and with the FCSA when subject to an audit, and with our legal and tax advisers when necessary, the third party to whom provides or facilitates any offers or benefits, our insurance providers.
Details of your experience, qualifications, assignment and any other details required to determine your SDC status and the outcome of the assessment. To perform the employment contract.
To comply with our legal obligations.
Legitimate interests: to comply with legal, regulatory and corporate governance obligations and good employment practice, to comply with audit requirements to confirm our continued compliance with our legal obligations and to maintain our accreditations so we can demonstrate we operate at the highest
standards.
To ensure you receive the correct pay.
Information shared with our payroll administrators, with HM Revenue & Customs (HMRC), with the agency we have contracted with for you to supply services to the end- client and with the FCSA.
Details of salary and benefits, payslips, bank/building society, National Insurance and tax information, your age and date of birth. To perform the employment contract including payment of salary and benefits.
Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice, to
comply with audit requirements to confirm our continued compliance with our legal obligations and to maintain our accreditations so we can demonstrate we operate at the highest
standards.
To ensure you receive the correct pay and benefits. Information, including payslips, shared with our payroll administrators, with HM Revenue & Customs (HMRC), with the agency or client we have contracted with for you to supply services to the end-client and with the FCSA, and our legal and tax advisers.
Your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information. To enter into/perform the employment contract.
To comply with our legal obligations.
Legitimate interest: to maintain employment records To carry out obligations and exercise rights in employment law.
For reasons of substantial public interest (preventing or detecting unlawful acts).
To carry out right to work checks.
Information may be shared with the Home Office.
Evidence of your right to work may be shared with the agency or end client.
Details of your pension arrangements, and all information included in these and necessary to implement and administer them. To perform the employment contract including employment-related benefits. To comply with our legal obligations.
Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and
good employment practice.
To administer your pension benefits and to comply with our auto-enrolment pension obligations.
Information shared with our pension scheme administrators and NEST, our pension scheme managers (CMME) and with HMRC.
Information in your sickness and absence records (including sensitive personal information regarding your physical and/or mental health). To perform the employment contract including employment-related benefits. To comply with our legal obligations.
Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice, to ensure safe working practices. To carry out and exercise obligations and rights in employment and social security law.
To maintain employment records, to administer sick pay entitlement, to follow our policies and to facilitate employment-related health and sickness benefits.
To comply with our legal obligations to you as your employer.
Information shared with your doctors, with medical and occupational health professionals we engage and with our insurance providers.
Your racial or ethnic origin, sex and sexual orientation, religious or similar beliefs. To comply with our legal obligations and for reasons of substantial public interest (equality of opportunity or
treatment).
To comply with our equal opportunities monitoring obligations and to follow our policies.
Information on grievances raised by or involving you. To perform the employment contract.
To comply with our legal obligations.
Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and
good employment practice.
For staff administration, to follow our policies and to deal with grievance matters.
Information shared with relevant managers, HR personnel and with consultants we may engage and legal advisers.
Information on conduct issues involving you. To comply with our legal obligations.
Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice, to ensure safe working practices.
For staff administration and assessments, to follow our policies, to monitor staff performance and conduct and to deal with disciplinary and grievance matters.
Information shared with relevant managers, HR personnel and with consultants we may engage and legal advisers.
Details of your performance. To comply with our legal obligations
Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice, to ensure safe working practices
For staff administration and assessments, to follow our policies, to monitor staff performance and conduct and to deal with disciplinary and grievance matters Information shared with relevant managers, HR personnel, with consultants we may engage and with our insurance providers.
Details of your timesheets. To perform the employment contract. For payroll and staff administration, to follow our policies and to monitor staff performance and attendance Information shared with relevant managers and with our payroll administrators.
Information about your use of My Parasol. Legitimate interests: to monitor and manage access to My Parasol to protect My Parasol, and personal data of employees and customers/clients, against unauthorised access or data leakage for operational reasons, such as maintaining employment records, recording transactions, training and quality control to ensure that commercially sensitive information is kept confidential to check that restrictions on your activities that apply after your employment has ended (post-termination restrictions or restrictive covenants) are being complied with to prevent unauthorised access. To protect and carry out our legitimate interests (see adjacent column).
Details in references about you that we give to others. To perform the employment contract.
To comply with our legal obligations.
Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice.
To provide you with the relevant reference.
To comply with legal/regulatory obligations Information shared with relevant managers, HR personnel and the recipient(s) of the reference.