Privacy Notice

1. About this notice

This privacy notice explains how ResiCare Staffing Ltd ("ResiCare Staffing", "we", "us", "our") collects, uses, shares and protects personal information. It applies to:

• visitors to our website, www.resicarestaffing.co.uk;
• care providers and other clients who enquire about or use our services, and their staff contacts; and
• people who apply to work through us and the self-employed contractors we supply to clients ("workers").

We are committed to handling personal information fairly, lawfully and securely, in line with the UK General Data Protection Regulation ("UK GDPR"), the Data Protection Act 2018 ("DPA 2018") and the Privacy and Electronic Communications Regulations 2003 ("PECR").

Please read this notice carefully. If you have any questions, contact us using the details in section 14.

2. Who we are

ResiCare Staffing Ltd is the controller of the personal information described in this notice. This means we decide how and why it is used.

• Company name: ResiCare Staffing Ltd
• Company number: 17381374 (registered in England and Wales)
• Registered office: Office 10265, 321-323 High Road, Chadwell Heath, Romford, England, RM6 6AX
• ICO registration number: ZC272287
• Email: [email protected]
• Recruitment and job applications: [email protected]
• Telephone (24 hours): 07383 679989

We are a recruitment agency and employment business. We supply temporary staff to children's homes, supported accommodation, crisis services and secure units across the Midlands and the North West of England.

Data protection lead

As a small organisation we are not required to appoint a formal Data Protection Officer. Instead, we have a data protection lead who is responsible for overseeing how we handle personal information:

Owen Wain, Managing Director, [email protected]

3. Information about website visitors

What we collect

When you visit our website we may collect:

• information you give us through contact or enquiry forms, such as your name, email address, telephone number, organisation and the content of your message;
• technical information, such as your IP address, browser type and version, device type, operating system, pages visited, time and date of your visit and how you arrived at our site; and
• information collected through cookies and similar technologies (see below).

Cookies

Cookies are small text files placed on your device. Our website does not use analytics, marketing or advertising cookies. We only use strictly necessary cookies, if any, which are needed for the website to work. These do not require your consent. You can control cookies through your browser settings, although blocking strictly necessary cookies may affect how the website works.

Why we use it and our lawful basis

4. Information about care providers and clients

What we collect

If you enquire about our services, or your organisation contracts with us, we may collect:

• names, job titles and contact details of your staff (such as managers, registered managers, designated safeguarding leads, rota coordinators and finance contacts);
• details of your organisation, the services you provide and the settings where workers will be placed;
• information about your staffing requirements, including the role, shift patterns, any experience, training or qualifications required and any risks the worker should be aware of;
• records of bookings, timesheets, invoices, payments and correspondence;
• feedback about workers, and information about any complaints, incidents or safeguarding concerns; and
• information required under the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("Conduct Regulations").

We do not ask for personal information about the children and young people you care for unless it is genuinely needed, for example to report or respond to a safeguarding concern. Where we do receive it, we keep it to the minimum necessary and handle it with extra care.

Why we use it and our lawful basis

5. Information about worker applicants and contractors

To supply staff safely into settings that care for children and young people, we must carry out thorough checks. This section explains what we collect and why.

What we collect

• Identity and contact details: name, previous names, date of birth, address and address history, email address, telephone number, emergency contact details, photograph and copies of identity documents.
• Right to work: passport, visa, biometric residence permit, share code, eVisa details or other documents that show your right to work in the UK, and records of the checks we carry out.
• Criminal records information: enhanced Disclosure and Barring Service ("DBS") certificate details, including checks of the children's barred list (and adults' barred list where relevant), DBS Update Service status checks, and any information you disclose about convictions, cautions or other matters.
• References: references from previous employers and other referees, obtained directly from the referee, and records of any follow up verification.
• Employment history: a full employment history, explanations of any gaps, and reasons for leaving previous roles involving children or vulnerable adults.
• Qualifications and training: certificates, professional registrations, mandatory training records and records of training we provide.
• Interview records: notes from interviews and assessments of your suitability.
• Health information: health declarations and information about your fitness to carry out the role, where relevant, and information about any adjustments you need.
• Financial and tax details: bank account details, National Insurance number, Unique Taxpayer Reference, details of your self-employed status, and payment, invoice and timesheet records. If you work through a limited company, details of that company.
• Assignment records: placements, shifts worked, timesheets, feedback from clients, supervision notes, and records of any complaints, concerns, allegations or investigations.
• Equality monitoring information: where you choose to provide it, for example ethnicity, disability, religion, sexual orientation or gender. Providing this is voluntary and it is used only for monitoring.

We collect most of this information from you directly. We also obtain information from third parties, including the DBS and the registered or umbrella body that processes DBS applications for us, the Home Office (for right to work checks), referees and previous employers, training and qualification providers, professional registration bodies, our clients (feedback and incident reports), and, where safeguarding requires, local authorities and regulators.

Why we use it and our lawful basis

Special category data (health and equality information)

Health information and equality monitoring information are "special category data". We only use them where we have a lawful basis under Article 6 of the UK GDPR and an additional condition under Article 9, which will usually be:

• Article 9(2)(b) and DPA 2018, Schedule 1, Part 1, paragraph 1: obligations and rights in the field of employment, social security and social protection;
• Article 9(2)(g) and DPA 2018, Schedule 1, Part 2, paragraph 18: safeguarding of children and of individuals at risk;
• Article 9(2)(f): establishing, exercising or defending legal claims; and
• Article 9(2)(a): your explicit consent, for voluntary equality monitoring information.

Criminal offence data

Information about criminal convictions, offences and related security measures (including DBS certificates and barred list information) is "criminal offence data" under Article 10 of the UK GDPR. We only process it where authorised by law, relying on the following conditions in Schedule 1 of the DPA 2018:

• Part 1, paragraph 1: employment, social security and social protection;
• Part 2, paragraph 6: statutory and government purposes;
• Part 2, paragraph 10: preventing or detecting unlawful acts;
• Part 2, paragraph 18: safeguarding of children and of individuals at risk; and
• Part 3, paragraph 33: legal claims.

We keep an appropriate policy document which explains how we comply with the data protection principles when relying on these conditions, and how long we keep this information. You can request a copy using the contact details in section 14.

We follow the DBS Code of Practice. Access to DBS certificate information is restricted to those who need it. We do not keep copies of DBS certificates longer than necessary (see section 9). We record the certificate number, date of issue, level of check, barred list results and the decision made.

Do you have to provide this information?

Much of the information we ask for is required by law, or is needed so that we and our clients can meet safeguarding and regulatory duties. If you do not provide it, we will not be able to register you or supply you to clients. We will tell you when information is voluntary, such as equality monitoring data.

Automated decision making

We do not make decisions about you based solely on automated processing that have legal or similarly significant effects. We do not use automated decision-making, including profiling, in our recruitment or other processes.

6. Who we share personal information with

We only share personal information where it is necessary and lawful to do so. Depending on the circumstances, we may share it with:

• Clients and care providers: we share worker profiles, including confirmation of checks, qualifications, training, references and relevant DBS information, so that clients can confirm a worker is suitable and meet their own regulatory duties (for example under the Children's Homes (England) Regulations 2015 and the Supported Accommodation (England) Regulations 2023). We share client contact details with workers where needed for an assignment.
• The DBS and our registered or umbrella body: to process DBS applications and checks. Our umbrella body is uCheck.
• Referees and previous employers: to request and verify references and employment history.
• The Home Office: to carry out right to work checks.
• Local authorities and the Local Authority Designated Officer ("LADO"): where there is a safeguarding concern or an allegation that a person who works with children may have caused harm, or may pose a risk of harm, to children.
• Regulators and statutory bodies: such as Ofsted, the DBS (including barring referrals where we are legally required to make them), the police, and professional registration bodies such as Social Work England, where safeguarding or the law requires it.
• HMRC and other government bodies: to meet tax, reporting and other legal obligations.
• Service providers who act on our behalf: such as IT, cloud hosting, email, website hosting, recruitment and rota software, payroll or invoicing, accountancy and professional advisers. These providers are only allowed to use personal information on our instructions and must keep it secure. Our main providers are: Google Workspace (email and cloud storage), uCheck (DBS checks), Vocational Training Hub (online training), Tide (banking and payroll) and CV-Library (job advertising).
• Insurers, legal advisers and courts: where needed to obtain advice, manage claims or comply with legal proceedings.
• A buyer or successor: if our business, or part of it, is sold or restructured.

We do not sell personal information.

7. International transfers

Some of our service providers may process personal information outside the UK. We use Google Workspace for email and cloud storage. Google may transfer personal information to the United States. Where this happens, the transfer is protected by the UK Extension to the EU-US Data Privacy Framework or by other appropriate safeguards recognised under UK data protection law, such as the International Data Transfer Addendum to the EU standard contractual clauses. You can contact us for more information about these safeguards.

Where personal information is transferred outside the UK, we make sure it is protected, for example by transferring it only to countries covered by UK adequacy regulations, or by using the International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses approved under UK law. You can contact us for more information about these safeguards.

8. How we keep personal information secure

We use appropriate technical and organisational measures to protect personal information, including controlling who can access personal information, using two-step verification on our Google Workspace accounts, using encryption when information is sent over the internet, and restricting access to DBS and other criminal records information, and health information, to those who need it.

9. How long we keep personal information

We keep personal information only for as long as necessary for the purposes described in this notice, including to meet legal, regulatory, tax and safeguarding requirements. The Conduct Regulations require us to keep certain records for at least one year from their creation or from the last date on which we provided services to the worker or client concerned. Some records need to be kept for longer.

When information is no longer needed, we securely delete or anonymise it.

10. Your rights

Under data protection law you have the following rights, subject to certain conditions and exemptions:

• Right of access: to ask for a copy of the personal information we hold about you.
• Right to rectification: to ask us to correct inaccurate information or complete incomplete information.
• Right to erasure: to ask us to delete your information in certain circumstances.
• Right to restrict processing: to ask us to limit how we use your information in certain circumstances.
• Right to object: to object to us using your information where we rely on legitimate interests, and to object at any time to direct marketing.
• Right to data portability: to ask us to transfer information you have given us to you or another organisation, where we rely on consent or contract and the processing is automated.
• Right to withdraw consent: where we rely on consent, you can withdraw it at any time. This does not affect anything we did before you withdrew it.
• Rights relating to automated decision making: see section 5.

Some rights are limited where we need to keep information to meet legal or safeguarding obligations. For example, we may not be able to delete records of safeguarding concerns or records we must keep under the Conduct Regulations.

To exercise any of these rights, contact us using the details in section 14. We will usually respond within one month. We may need to ask you to confirm your identity. There is normally no charge.

11. Complaints

If you are unhappy with how we have handled your personal information, please contact us first so we can try to put things right.

You also have the right to complain to the Information Commissioner's Office ("ICO"), the UK regulator for data protection:

• Website: ico.org.uk
• Telephone: 0303 123 1113
• Address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

12. Links to other websites

Our website may contain links to other websites. We are not responsible for the privacy practices of those websites, and we recommend that you read their privacy notices.

13. Changes to this notice

We may update this notice from time to time. The latest version will always be on our website, with the date it was last updated shown at the top.

14. Contact us

• Data protection lead: Owen Wain, Managing Director, [email protected]
• Email: [email protected]
• Job applicants and workers: [email protected]
• Telephone (24 hours): 07383 679989
• Post: ResiCare Staffing Ltd, Office 10265, 321-323 High Road, Chadwell Heath, Romford, England, RM6 6AX

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