1.0 Introduction

1.1 This Privacy Policy governs the collection, storage and use of personal information collected by Santa Monica Talent

1.2 The information set out in this Privacy Policy is provided to individuals whose personal data we process (you or your) as data controller, in compliance with our obligations under Articles 13 and 14 of the UK General Data Protection Regulation (GDPR) & EU General Data Protection Regulation.

1.3 To make this information clear, we have divided the data we receive into the following groups and corresponding Schedules, where each of which refers to: the particular category of information we collect and retain; from where we obtain the information from; the purpose and legal basis of processing and to whom we will (if applicable) disclose the information:

Schedule 1 Data about our potential, existing and previous candidates and consultants, including all other individuals in respect of whom we have acquired personal information in connection with any candidate or consultant related services offered by us

Schedule 2 Data about our potential, existing and previous hirers, clients, client contacts (including directors, shareholders, consultants, employees or other personnel of our hirers, clients and client contacts) and all other individuals in respect of whom we have acquired personal information in connection with the supply of resourcing services

Schedule 3 Data about our suppliers and supplier personnel

Schedule 4 Data about individuals who apply for employment or work experience with us

Schedule 5 Data about our directors and staff, and former directors and staff and other individuals who spend time with us (such as consultants and secondees, trainees and associates)

Schedule 6 Data about referees and emergency contacts

1.4 In addition to the above, individuals who interact with us in any of the above capacities should also refer to the following:

Schedule 7 Data collected about staff and visitors to our offices

Schedule 8 Data collected about visitors of our website or mobile applications

2. Definitions

2.1 The following references in this Privacy Policy have the following meanings:

2.1.1 candidate means a potential or actual candidate for a role with a client;

2.1.2 client and hirer mean any hiring organisation to which we offer and/or provide recruitment, resourcing and/or consultancy services;

2.1.3 client contact means a hiring manager or procurer/recipient of consultancy services at a client; and

2.1.4 consultant means a person whose services are supplied via Santa Monica Talent to work on temporary assignment with a hirer, or, in the case of a consultancy supply, any consultant assigned by the relevant consultancy to work on the consultancy services.

3. Data controller details

3.1 We are the data controller in relation to the processing of the personal information that you provide to us. Our contact details are as follows:

3.1.2 Email address: ell@santamonica.digital

3.2 Our Data Protection Officer can be contacted at ell@santamonica.digital.

4. What does Santa Monica Talent do?

4.1 We provide recruitment and consultancy services to candidates and consultants to help them find roles, specialising in the fields of technology, digital and change. We do this through assessing and matching people with potential opportunities.

4.2 We work with clients to provide recruitment and consultancy services to help them fill requirements for specialist skills and consultancy.

5. How we collect your information

5.1 Generally, the information we hold about you comes from the way you engage with us, for example by doing any of the following:

5.1.1 as a result of you registering with us via our website at www.santamonica.digital

5.1.2 as a result of you responding to an advertisement posted by us on a job board, online CV library or via social media;

5.1.3 as a result of us matching your CV, as uploaded by you onto a job board, online CV library or a social media site, to a vacancy we are seeking to fill for one of our clients;

5.1.4 taking part in surveys, posting on our message boards or blogs;

5.1.5 downloading information or participating in any other interactive areas that appear on our services;

5.1.6 providing us, or one of our partners, with information in the course of any marketing event;

5.1.7 interacting with us using social media;

5.1.8 in the course of us providing permanent and/or temporary recruitment and resourcing services and/or consultancy services or services involving the subcontracting of statements of work, to you (Services);

5.1.9 if you are an employee or potential employee, as a result of you providing your CV and information directly to us or via a third party such as a recruiter; and

5.1.10 contacting us offline, for example by telephone, SMS, email or by post.

5.2 We may also obtain personal data about you as a result of a personal recommendation, from a company website, from your business card, from information you have uploaded to LinkedIn and from credit reference agencies and fraud prevention agencies.

6. Sharing your information

6.1 Please note that personal information we are holding about you may be shared with and processed by:

6.1.1 Santa Monica Talent

6.1.2 regulators or other third parties for the purposes of monitoring and/or enforcing our compliance with any legal and regulatory obligations, including statutory or regulatory reporting or the detection or prevention of unlawful acts;

6.1.3 credit reference and fraud prevention agencies;

6.1.4 any third party in the context of actual or threatened legal proceedings, provided we can do so lawfully (for example in response to a court order);

6.1.5 other parties and/or their professional advisers involved in a matter where required as part of the conduct of the services;

6.1.6 our own professional advisers and auditors for the purpose of seeking professional advice or to meet our audit responsibilities;

6.1.7 our service providers and agents (including their subcontractors) or third parties which process information on our behalf e.g:

6.1.7.1 if you are a client or candidate, internet service and platform providers, our bank, payment processing providers and those organisations we engage to help us send communications to you) so that they may help us to provide you with the applications, products, services and information you have requested; and

6.1.7.2 if you are an employee, director or consultant, data storage providers, typing service providers, administrative support, third party payroll processors, third party providers of benefits (such as childcare vouchers, life insurers, pension providers), audit providers and our bank;

6.1.8 when we are using your personal information in the context of our recruitment, resourcing or consultancy services, then we will share your personal information with clients where we believe that you or your consultancy services will be appropriate for a particular role or vacancy with that client;

6.1.9 to umbrella companies, personal service companies and consultancy companies, when you inform us that you are supplying or intend to supply services via Santa Monica Talent to a client via such company;

6.1.10 if you have applied for employment or work experience with us, to recruitment agencies to communicate offer details (if any);

6.1.11 where an organisation such as a managed service provider acts as a gateway for the supply of Services made via Santa Monica Talent to the hirer, we will share your information with such organisations to the extent that it is necessary for the purposes of the supply;

6.1.12 third parties as part of the arrangements for any event for which you have expressed an interest in attending;

6.1.13 third parties such as social media and advertising sites for marketing purposes (with your consent), e.g. our partners and other third parties with whom we work and whose products or services we think will interest you; and

6.1.14 another organisation to whom we may transfer our agreement with you or if we sell or buy (or negotiate to sell or buy) our business or any of our assets (provided that adequate protections and safeguards are in place).

7. International transfers

We will not transfer personal data relating to you to a country which is outside the UK and European Economic Area (EEA) unless:

7.1 the country or recipient is covered by an adequacy decision of the Commission under GDPR Article 45;

7.2 appropriate safeguards have been put in place which meet the requirements of GDPR Article 46 (for example using the UK’s approved contractual clauses for transfers of personal data outside the UK and EEA); or

7.3 one of the derogations for specific situations under GDPR Article 49 is applicable to the transfer.These include (in summary):

7.3.1 the transfer is necessary to perform, or to form, a contract to which we are a party:

7.3.1.1 with you; or

7.3.1.2 with a third party where the contract is in your interests;

7.3.2 the transfer is necessary for the establishment, exercise or defence of legal claims

7.3.3 you have provided your explicit consent to the transfer; or

7.3.4 the transfer is of a limited nature and is necessary for the purpose of our compelling legitimate interests.

8. Retention of personal data

Our retention and deletion policy can be found at Schedule 9 of this Privacy Policy.

9. Your rights in respect of your personal data

9.1 You have certain rights under existing data protection laws, including the right to (upon written request) access a copy of your personal data that we are processing. In accordance with the GDPR:

9.1.1 you will have the following rights:

9.1.1.1 right to access: the right to request certain information about, access to and copies of the personal information about you that we are holding (please note that you are entitled to request one copy of the personal information that we hold about you at no cost, but for any further copies, we reserve the right to charge a reasonable fee based on administration costs). Please fill in this form or email ell@santamonica.digital if you wish to submit a data subject access request;

9.1.1.2 right to rectification: the right to have your personal information rectified if it is inaccurate or incomplete; and

9.1.2 in certain circumstances, you will also have the following rights:

9.1.2.1 right to erasure/“right to be forgotten”: the right to withdraw your consent to our processing of the data (if the legal basis for processing is based on your consent) and the right to request that we delete or erase your personal information from our systems (however, this will not apply if we are required to hold on to the information for compliance with any legal obligation or if we require the information to establish or defend any legal claim);

9.1.2.2 right to restriction of use of your information: the right to stop us from using your personal information or limit the way in which we can use it;

9.1.2.3 right to data portability: the right to request that we return any information you have provided in a structured, commonly used and machine-readable format, or that we send it directly to another company, where technically feasible; and

9.1.2.4 right to object: the right to object to our use of your personal information including where we use it for our legitimate interests or for marketing purposes.

9.2 Please note that if you withdraw your consent to the use of your personal information for purposes set out in our Privacy Policy, we may not be able to carry out our contractual obligations to you or provide you with access to all or certain parts of our services.

9.3 Santa Monica Talent tries to meet the highest standards when collecting and using personal information. We take any complaints we receive about this very seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading or inappropriate.If you wish to complain about this policy or any of the procedures set out in it, please contact us at: ell@santamonica.digital

9.4 You can also make a complaint to our supervisory body for data protection matters, the Information Commissioner’s Office (ICO). You can find details of how to do this on the ICO website at https://ico.org.uk/concerns/ or by calling their helpline on 0303 123 1113.

10. Third-party sites

Our website contains links to other websites operated by third parties. Please we are not responsible for personal information that third parties collect, store and use through their website. You should always read the privacy policy of each website you visit carefully.

11. Automatic decision making

We do not make decisions based solely on automated data processing, including profiling.

12. Security

12.1 We keep your information protected by taking appropriate technical and organisational measures to guard against unauthorised or unlawful processing, accidental loss, destruction or damage. For example:

12.1.1 where appropriate, data is encrypted when transiting on our system or stored on our databases

12.1.2 we have implemented safeguards in relation to access and confidentiality in order to protect the information held within our systems; and

12.1.3 we frequently carry out risk assessments and audits to monitor and review threats and vulnerabilities to our systems to prevent fraud.

12.2 However, while we will do our best to protect your personal information, we cannot guarantee the security of your information which is transmitted via an internet or similar connection. It is important that all details of any username, password and/or other identification information created to access our servers are kept confidential by you and should not be disclosed to or shared with anyone.

13. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time, for example, to keep it up to date, to implement minor technical adjustments and improvements or to comply with legal requirements. We will always update this Privacy Policy on our website, so please try to read it when you visit the website (the “last updated” reference tells you when we last updated our Privacy Policy)