Privacy Policy
Data Privacy Notice for CandidatesElan UK Limited processes
your personal information (i) to provide you with job
placement services, (ii) for staff administration
purposes, (iii) to maintain its contractual or business
relationship with you and (iv) for accounts & records.
(v) to assess your suitability for a position or task and
to provide you with training opportunities, (vi) for
personal improvement, selection and appraisal purposes, and to
improve the quality and performance of the services that we
provide; and (vii) for the management and defense of legal
claims and actions, compliance with court orders and other legal
obligations and regulatory requirements.
Elan processes sensitive personal information only if required to
comply with legal obligations or with your consent. (Sensitive
personal information means information revealing racial or ethnic
origin, political opinions, religious or philosophical beliefs,
trade union membership, and health or sex life.)
We may disclose your personal information to our clients, other
Elan branches, to subcontractors who perform services on our
behalf, and where we are otherwise required to do so, such as by
court order. Personal information pertaining to you may be
transferred outside the E.U. to locations of Elan entities, our
parent and sister companies and to clients relevant to the services
that we are providing. Elan has taken steps to ensure that all
information transferred receives an adequate level of data
protection.
You can access and rectify your personal information, or obtain
further information, by emailing us at dataprivacy@elanit.co.uk, or
by writing to us at
Elan Computing Ltd
Data Privacy Officer
Park Row House
19 – 20 Park Row
Leeds
LS1 5JF
Data Privacy Notice for UK Business
Partners
Elan UK Limited (Elan) processes personal information about
individuals who work for the companies with whom we do business as
necessary (i) to establish and maintain a business
relationship with the company; (ii) to inform company
personnel about additional business opportunities; and
(iii) for customary internal Elan purposes, such as
finance and accounting functions, legal functions, management
functions; and (iv) for the management and defence of
legal claims and actions, compliance with court orders and other
legal obligations and regulatory requirements.
Elan processes sensitive personal information only if required to
meet its legal obligations, or with the individual's consent.
Elan may disclose personal information obtained from our business
partners as needed to further the objective of the business
relationship. These disclosures may be made to other Elan (or
Manpower) entities, and other business partners, and where we are
otherwise required to do so, such as by court. Personal
information may be transferred to other locations, including to
countries that do not have comprehensive privacy laws. In each
case, Elan has taken steps to ensure that all information
transferred receives an adequate level of data protection.
You can access and rectify your personal information, or obtain
further information, by emailing us at dataprivacy@elanit.co.uk or
by writing to us
Elan Computing Ltd
Data Privacy Officer
Park Row House
19 – 20 Park Row
Leeds
LS1 5JF
Data Protection Policy for UK Suppliers
1. Definitions:The following definitions apply
for the purposes of this Policy:
- 'Agreement' means any agreement entered into between
Elan and the Supplier regarding the supply temporary or permanent
resources to Elan or a third party;
- 'Elan' means Elan Computing Limited of Elan House, 5-11
Fetter Lane, London EC4A 1QX;
- 'Personal Information' shall mean any and all
information relating to an identified or identifiable individual
(an identifiable individual is one who can be identified directly
or indirectly, in particular by reference to an identification
number or one or more factors specific to his or her physical,
physiological, mental, economic, cultural or social identity);
- 'Processing of Personal Information' (or Processing)
shall mean all operations which are performed upon Personal
Information, whether or not by automatic means, such as collection,
recording, organisation, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or
combination, blocking or dispersed erasure or destruction;
- 'Services' shall mean any and all services where the
Supplier provides Personal Information to Elan (including without
limitation as part of recruitment services provided by the
Supplier); and
- 'Supplier' shall mean any third party (including without
limitation a third party recruitment agency) that supplies
candidates or contractors to Elan for temporary or permanent
placement with another third party.
2. Supplier Representations and Warranties
- 2.1 The Supplier represents and warrants that all
Personal Information disclosed to Elan has been collected and
Processed fairly and lawfully and in compliance with applicable
data protection laws, information security laws, privacy laws, tort
laws and other laws that directly or indirectly regulate the
Processing and fair use of Personal Information (the Law).
- 2.2 The Supplier understands that Personal Information
may be transferred outside the country of collection and stored in
Elan's global information systems and the Supplier agrees to such
transfers. Elan's Global Privacy Policy shall apply to the
Processing of Personal Information in such global information
systems.
- 2.3 The Supplier understands and agrees that Personal
Information may, within Elan's normal course of business and under
the terms of its Global Privacy Policy, be disclosed (i)
to Elan vendors, (ii) to Elan's business partners as
required for the agreed Services; (iii) to public
authorities including but not limited to courts and law enforcement
agencies and (iv) to third parties as required in the
context of the sale of a part or the entirety of Elan's business or
in the context of a merger or an acquisition.
- 2.4 The Supplier represents and warrants that it has
full legal authority to disclose Personal Information to Elan.
3. Processing of Supplier Contact
Information
- Elan processes Personal Information of employees, candidates
and contractors of the Supplier as required to provide services to
its clients and customers and as needed to establish and maintain a
business relationship. Such Personal Information may be disclosed
to Elan entities, companies of the Elan group, or other third
parties (such as our candidates and data possessors), in the normal
course of business. Elan Processes sensitive Personal Information
only if required to meet its legal obligations, with the consent of
the Supplier's employees, candidates or contractors, or if
otherwise permitted or required by law. Personal Information
pertaining to the Supplier's employees, candidates or contractors
may be transferred outside of the country of collection, including
to countries that do not have comprehensive privacy laws. In each
case, Elan has taken steps to ensure that all Personal Information
transferred receives an adequate level of data protection. Elan
retains Personal Information only for such time as is necessary for
the purpose(s) for which it was collected. The Supplier shall
provide adequate notice about Elan's information practices to the
Supplier's employees, candidates or contractors if Elan processes
Personal Information of such employees, candidates or contractors
required to have access to Elan's information systems or that is
needed for the execution of the Agreement. The Supplier's
employees, candidates and contractors who have questions about the
Processing of their Personal Information may contact Elan at the
following address www.elanit.com or email dataprivacy@elanit.co.uk.
4. Indemnification
- Notwithstanding anything to the contrary in the Agreement, the
Supplier will fully reimburse Elan, its affiliates, subsidiaries
and their respective officers, directors, employees and agents
for:
(a) all fines or penalties imposed on Elan by a court or
governmental agency in connection with a violation of applicable
privacy laws, information security laws, data protection laws, tort
laws, or other laws that directly or indirectly regulate the
processing and fair use of Personal Information caused by the
Supplier's breach of the terms of this Policy;
(b) all third party damages incurred by Elan resulting
from, arising from, or related to any claim by any third party
caused by the Supplier's breach of the terms of this Policy;
(c) all costs, liabilities, losses or expenses incurred by
Elan to remedy its violation of Law (such as, but not limited to
implementation of additional security measures), to defend claims
referred to under (a) and (b) above or to satisfy
a legal requirement caused by the Supplier's breach of the terms of
this Policy; and
(d) all costs, liabilities, losses or expenses incurred by
Elan for any breach in the Supplier's security that involves
Personal Information.
5. Further Information
- You can access and rectify your personal information, or obtain
further information, by emailing us at dataprivacy@elanit.co.uk or
by writing to us at:
Elan Computing Ltd
Data Privacy Officer
Park Row House
19 – 20 Park Row
Leeds
LS1 5JF
Data Protection Policy for UK Clients
1. Purpose
- This Data Protection Policy (the Policy) stipulates
confidentiality, security and privacy requirements with respect to
Personal Information processed by Elan Computing Limited whose
registered office is at 5-11 Fetter Lane, London EC4A 1QX (Elan)
and the Client on each other's behalf, pursuant to any service
agreement from time to time in place between the parties (the
Service Agreement).
2. Definitions.
- For the purposes of this Policy:
(a) 'Client' means the company or legal entity to which
Elan provides Services under a Service Agreement and 'Global
Client' shall be construed as a Client to which Elan provides
Services in more than one country;
(b) 'Personal Information' shall mean any and all
information relating to an identified or identifiable individual
(an identifiable individual is one who can be identified, directly
or indirectly, in particular by reference to an identification
number or one or more factors specific to his physical,
physiological, mental, economic, cultural or social identity).
Personal Information can be in any media or format, including
computerized or electronic records as well as paper-based
files;
(c) 'Processing of Personal Information' (or Processing)
shall mean any operation or set of operations which is performed
upon Personal Information, as described in the Data Protection Act
1998, whether or not by automatic means, such as collection,
recording, organization, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or
combination, blocking or dispersed erasure or destruction;
(d) 'Processing Purposes' shall mean only for relevant,
appropriate, and customary business purposes, such as: (1)
recruitment and placement; (2) administration of
compensation and benefit programs; (3) performance
management and training; (4) advancement planning;
(5) workforce and risk management; (6) workplace
management; (7) outplacement services (8) client
and government reporting (9) other legal and expected
business-related purposes; and (10) other specific
purposes that Elan may define from time to time; and
(e) 'Services' shall mean any and all services that
require Elan and Client to exchange Personal Information.
3. Privacy Obligations
- (a) Each party agrees that it shall Process Personal
Information from the other party only on behalf of the other party,
for the Processing Purposes defined in Section 2 (d), and in
accordance with such party's instructions pursuant to the Service
Agreement and this Policy;
(b) Each party shall be responsible for and shall comply
with all applicable Privacy, Data Protection and Information
Security Laws and regulations that apply from time to time to such
Personal Information;
(c) Each party shall keep Personal Information
confidential;
(d) Each party shall refrain from selling Personal
Information;
(e) Each party ensures that employees who have a need to
access Personal Information are informed as to the privacy and
security requirements and are held by legally binding
confidentiality obligations;
(f) Each party shall reasonably secure Personal
Information. Parties agree to take reasonable administrative,
physical and technical measures to protect the Personal
Information;
(g) Each party agrees that it shall immediately inform the
other party, in writing: (i) if it cannot comply with this
Policy. If this occurs, both parties shall use reasonable efforts
to remedy the non-compliance; (ii) of any request for
access to the other party's Personal Information received from any
government official (including, but not limited to, a court, a data
protection agency or law enforcement agency); and (iii) of
any accidental or unauthorized disclosure, loss or access to
Personal Information;
(h) Parties shall reasonably co-operate with each other in
responding to enquiries, complaints, and claims relating to the
Processing of Personal Information from any court or governmental
official (including but not limited to any data protection agency
or law enforcement agency), third parties, or individuals;
(i) Parties shall only disclose Personal Information to a
third party under the conditions set forth in Section 3(a) of this
Policy and Parties shall require such third parties to provide for
the same level of data protection as set forth in this Policy by
legally binding means;
(j) Parties agree to provide adequate notice about the
Processing of Personal Information pertaining to the other party's
employees and contractors required to administer due access of such
individuals to their information systems;
(k) Upon termination of the Service Agreement, parties
will return all Personal Information or any copy thereof owned by
each respective Party unless agreed otherwise.
4. Processing of Client Contact
Information.
- Where each party Processes Personal Information of employees,
candidates and contractors of the other Party they shall do so only
as required to provide the Services and as needed to establish and
maintain a business relationship. Each party understands and
agrees that such Personal Information may be disclosed to
affiliated entities of each party, or other third parties (such as
our candidates and data processors), in the normal course of
business. Parties may Process sensitive Personal Information only
if required to meet their legal obligations, with the consent of
the employees, candidates or contractors of the other Party, or if
otherwise permitted or required by law. Personal Information
pertaining to employees, candidates or contractors of the other
Party may be transferred outside the country of collection,
including to countries that do not have comprehensive privacy
laws. Each party has taken steps to ensure that such Personal
Information pertaining to employees, candidates or contractors of
the other Party transferred receives an adequate level of data
protection. Parties agree to retain such Personal Information only
for such time as is necessary for the purpose(s) for which it was
collected.
5. International Transfer of Personal
Information
- (a) Parties understand and agree that they may only
import or access Personal Information from the EEA, Switzerland,
Hong Kong, Canada, Japan, Argentina, New Zealand, Australia,
Canada, the Isle of Man, Guernsey, or other jurisdictions that have
laws in place that restrict the international transfer of Personal
Information (Protected Jurisdictions), if Parties are located in
Protected Jurisdictions or if Parties have taken relevant,
appropriate and effective measures ensuring an adequate level of
data protection under the relevant data protection laws or
otherwise permitting the international transfer of Personal
Information;
(b) In the absence of any such relevant, appropriate and
effective measures, or if the measures taken by Parties are
geographically or materially inapt, Parties agree to execute and
comply with the terms and conditions of:
(i) the Model Clauses set forth in Commission Decision
(2002/16/EC) of 27 December 2001 if the recipient party of Personal
Information qualifies as a data processor as defined in EU
Directive 1995/46, and to take all required action to effectively
implement the requirements set forth by such Clauses; or
(ii) the Model Clauses set forth in Commission Decision
C(2004)5271 of 7 January 2005 if the recipient party of Personal
Information qualifies as a data controller as defined in EU
Directive 1995/46, and to take all required action to effectively
implement the requirements set forth by such Clauses.
6. Compliance with Laws
- Each party shall stay informed of the legal and regulatory
requirements for its Processing of Personal Information to which it
or the Personal Information is subject. In addition to being
limited to satisfaction of the Services, each party agrees that its
Processing shall comply with all applicable privacy, data
protection or information security laws and regulations to which it
or the Personal Information is subject.
7. Indemnification
- Notwithstanding anything to the contrary in the Service
Agreement, parties will fully reimburse each other, their
affiliates, subsidiaries and their respective officers, directors,
employees and agents for:
(a) all fines or penalties imposed on parties by a court
or governmental agency in connection with a violation of applicable
privacy laws, information security laws, data protection laws, tort
laws or other laws that directly or indirectly regulate the
processing and fair use of Personal Information ( Law) caused by
the other party's breach of this Policy;
(b) all third party damages incurred by parties resulting
from, arising from, or related to any claim by any third party
caused by the other party's breach of this Policy;
(c) all costs, liabilities, losses, or expenses incurred
by parties to remedy their violation of Law (such as, but not
limited to implementation of additional security measures), to
defend claims referred to under (a) and (b) of this Clause 7 or to
satisfy a legal requirement caused by the other party's breach of
this Policy; and
(d) all costs, liabilities, losses or expenses incurred by
parties for any breach in the other party's security that involves
Personal Information except to the extent that the breach was
caused or contributed to by the party who is seeking to rely on
this indemnity.