1.1 Eden McCallum LLP (“Eden McCallum”, “we”, “our”, and “us”) is committed to ensuring that your privacy is protected. This privacy notice explains how we process your personal data when we are in communication with you or you apply to become an Eden McCallum independent consultant and when you work with us as an Eden McCallum independent consultant or (“you”, “your”, “Consultant”).
1.2 This notice sets out what personal data we collect, why we collect it, how we use it and the legal basis for doing so and the procedures we have in place to protect your personal data.
1.3 It is important to read this notice, together with any other privacy notice we may provide in specific circumstances when we are processing your personal data, so that you are aware of how and why we are using your information.
1.4 This policy does not form part of any contract for services and may be amended at any time.
1.6 We are Eden McCallum LLP (a limited liability partnership registered in England and Wales under number OC375785 with its registered office at 7 Air Street, London W1B 5AD).
1.7 Eden McCallum is a data controller of the personal data of its consultants. This means that we are responsible for deciding how we hold and use personal data about you.
1.8 We are registered with the Information Commissioner’s Office (“ICO”) under registration number Z3279079.
1.9 Questions about your personal information:
If you have any questions about this privacy notice or your information, or to exercise any of your rights as described in this policy or under applicable data protection laws, you can contact us at:
Eden McCallum LLP
7 Air Street
London W1B 5AD
By email: email@example.com
By telephone: +44 (0) 20 7361 7000
2.1 Anyone processing personal data must comply with the principles of processing personal data, as follows:
2.1.1 Lawfulness, fairness and transparency – data must be processed lawfully, fairly and in a transparent manner.
2.1.2 Purpose limitation – data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
2.1.3 Data minimisation – data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
2.1.4 Accuracy – data must be accurate and, where necessary, kept up to date.
2.1.5 Storage limitation – data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
2.1.6 Integrity and confidentiality – data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage by using appropriate technical or organisational measures.
2.2 This policy describes the personal data that we collect, and explains how we comply with these principles.
3.1 We collect the personal data of our Consultants to operate our business, to provide services to our clients, to monitor Consultants’ performance and to comply with legal and regulatory obligations.
3.2 We collect personal data from applicants to assist with sourcing specialist Consultants.
3.3 We set out below the categories of information we may collect from Consultants and applicants. We aim to make this list as comprehensive as possible but it is not exhaustive. The information that we may collect includes, but is not limited to, the following:
3.3.1 personal contact details such as name, title, home address, office address, telephone number and email address;
3.3.2 source of introduction;
3.3.3 date of birth;
3.3.5 copies of passport, driving licence and similar documents;
3.3.6 nationality, immigration status, work permits and other right to work documentation;
3.3.7 details of company through which you will provide your consulting services;
3.3.8 education history, training and professional qualifications;
3.3.9 current and past work experience;
3.3.10 languages spoken and level of proficiency;
3.3.11 availability and preferences for project work;
3.3.13 other information given in your CV;
3.3.14 references we give about you to clients / employers;
3.3.15 records of performance reviews and appraisals
3.3.16 agreed per diem charging rates;
3.3.17 bank account details.
3.4 Some of the personal information we collect from you, and some additional information may be provided to us by third parties, including:
3.4.1 Record of phone calls, interviews and meetings we hold with you;
3.4.2 references we receive about you from previous clients / employers / other referees;
3.4.3 references we receive about you from other Consultants or project team members;
3.4.4 details of any complaints.
3.5 We allocate you an internal categorisation for our talent pool based on our assessment of your profile and professional qualifications and experience. We also rank or grade you based on our assessment of feedback received and performance. These categorisations and rankings are reviewed and updated periodically.
3.6 We may also research information regarding your skills, experience and qualifications and comments and opinions made public on social networking sites such as LinkedIn, Facebook and Twitter.
4.1 You may also supply us with, or we may receive, sensitive personal data relating to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning your health or data concerning your sex life or sexual orientation.
4.2 We will use this information for the purposes of either performing our contractual obligations or exercising obligations or rights which are imposed or conferred on us by law including:
4.2.1 monitoring of equality of opportunity or treatment;
4.2.2 considering whether adjustments may need to be made to accommodate Consultants or applicants with a disability;
4.2.3 reporting and maintaining a record of any accidents at work.
5.1.1 to consider your suitability as an Eden McCallum Consultant;
5.1.2 to take up your references;
5.1.3 to conduct appropriate checks;
5.1.4 to negotiate and communicate with you in relation to your role as an Eden McCallum Consultant;
5.1.5 to manage and operate our business and our Consultants and for administrative purposes;
5.1.6 to undertake business analysis activities;
5.1.7 to monitor Consultants’ performance;
5.1.8 to manage payments;
5.1.9 to comply with our legal and regulatory obligations and for other legal purposes; and
5.1.10 to market our services using your name, professional experience and photograph.
5.2 Unless you choose to opt-out of marketing communications (see 8.4), we will also use your information to send to you from time to time information about our current or upcoming projects, services, publications and events.
5.3 Your information will not be used for other purposes without your permission, save as required by applicable law.
7.1 The legal basis for our processing of your personal information is based on the fact that you are a Consultant or an applicant and it is necessary for us to process your information in order to:
|Purposes for which we will process the information||Legal Basis for the processing|
|To consider your application to be an Eden McCallum Consultant in line with our selection purposes||It is in our legitimate interests to engage with Consultants and to select the best applicants. We consider this to be necessary for our legitimate interests and will not be prejudicial or detrimental to you.|
|For administrative purposes in connection with your consultant contract||It is necessary to comply with our contractual obligations to independent consultants.|
|To comply with our legal and regulatory obligations||It is necessary to comply with our legal and statutory obligations as a consulting business and contractor of consultants.|
|For direct marketing||It is in our legitimate interests to market our services to present and past applicants and Consultants. We consider this use to be proportionate and will not be prejudicial or detrimental to you. You can always opt-out of receiving direct marketing-related email communications by following the unsubscribe link.|
|Marketing our services||It is in our legitimate interests to market our services to clients by providing details where necessary of our Consultants. We consider this use to be proportionate and will not be prejudicial or detrimental to you. You can let us know if you would prefer we did not use your photograph.|
7.2 The legal basis for our processing of any special categories of (sensitive) personal data is based on the fact that you are Consultants or an applicant and it is necessary for us to process such information to comply with our legal obligations, namely:
7.2.1 for carrying out our contractual obligations to independent consultants; and
7.2.2 where relevant in relation to health data, for the assessment of the working capacity of Consultants.
7.3 We may also process special categories of (sensitive) personal data where necessary for the establishment, exercise or defence of legal claims.
8.1 We may use personal information to notify you about important developments and services which we think you may find valuable, for sending you newsletters, invitations to events and similar marketing.
8.2 In this connection we may disclose personal data to our affiliated international offices or to third parties providing marketing services to us, or with whom we are conducting joint marketing exercises.
8.3 We may contact you by post, email, telephone or SMS.
8.4 You can tell us if you do not wish to receive direct marketing by contacting us using the details set out above.
8.5 If you would like to unsubscribe from any email newsletter or other email marketing, you can also click on the ‘unsubscribe’ button at the bottom of the email. It may take a few days for this to take effect.
9.1 For the purposes set out in section 5 above, we may share information concerning our Consultants with:
9.1.1 our clients;
9.1.2 our other Eden McCallum Consultants;
9.1.3 our professional advisors (including lawyers, accountants and auditors);
9.1.4 our affiliated international offices;
9.1.5 third party technology service providers as part of our IT infrastructure and business continuity plan.
9.2 We may provide biographical and professional details about you to our clients and prospective clients and, with your agreement, we may profile you on our website (including photograph).
9.3 We will also disclose personal information concerning Consultants and applicants to other third parties where there is a legitimate reason to do so including for the following reasons:
9.3.1 in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
9.3.2 if all or substantially all of our assets are acquired by a third party, in which case personal information held by us about our Consultants and applicants may be one of the transferred assets.
9.4 We will also disclose your personal information to the extent we are under a duty to disclose or share your personal information in order to comply with any legal obligation.
10.1 We will take reasonable steps to try to ensure that your information is kept accurate and up-to-date. However, all Consultants and applicants are requested to ensure that our Consultant team is notified of any changes to their personal information without undue delay.
10.2 Where you have notified our Consultant team or we otherwise become aware of an inaccuracy in your personal information, we will take every reasonable step to ensure that the information is either erased or rectified without delay.
11.1 You have the following rights:
11.1.1 to obtain access to, and copies of, the personal data that we hold about you (“subject access request”);
11.1.2 to require us not to process your personal data for direct marketing purposes;
11.1.3 to require us to erase your personal data (the “right to be forgotten”);
11.1.4 to require us to restrict our data processing activities;
11.1.5 to receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller (“data portability”); and
11.1.6 to require us to correct the personal data we hold about you if it is incorrect, or to complete any data which is incomplete including by means of providing a supplementary statement (the “right to rectification”).
11.2 You also have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on our legitimate interests. In such event we shall no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests or for the establishment, exercise or defence of legal claims.
11.3 Please note that some of the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply.
12.1 You can exercise any of your rights as described in this policy and under data protection laws by contacting our Consultant team.
12.2 Save as provided under applicable data protection laws, there is no charge for the exercise of your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee (subject to any limits imposed by applicable law) taking into account the administrative costs of providing the information or taking the action requested; or (b) refuse to act on the request.
12.3 Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm your identity.
13.1 We store your personal data in hard copy and electronic format. We use appropriate technical and organisational safeguards to protect personal data both online and offline from unauthorised use, loss or destruction. We use industry standard physical and procedural security measures to protect information from the point of collection to the point of destruction.
13.2 Only authorised personnel and third party service providers are permitted access to personal data, and that access is limited by need. We will only transfer personal data to a third party if it puts in place adequate measures itself.
13.3 Despite these precautions, however, Eden McCallum cannot guarantee the security of information transmitted over the Internet or that unauthorised persons will not obtain access to personal data. In the event of a data breach, Eden McCallum have put in place procedures to deal with any suspected breach and will notify you and any applicable regulator of a breach where required to do so.
14.3 Where personal data is transferred to and stored in a country not determined by the European Commission as providing adequate levels of protection for personal data, we take steps to provide appropriate safeguards to protect your personal data, including:
14.3.1 entering into standard contractual clauses approved by the European Commission, obliging recipients to protect your personal data;
14.3.2 under the EU-U.S. Privacy Shield Framework (where we transfer personal data to the U.S.), which enables U.S. business to self-certify as a means of complying with EU data protection laws.
15.1 For Consultants, we will retain the information we collect about you for seven years from our last meaningful contact with you about working with us on a client project or opportunity. The information is retained:
15.1.1 where necessary for the performance of your consultant contract and any client contract in which you were engaged;
15.1.2 where necessary for compliance with any legal obligation to which we are subject;
15.1.3 in case needed for the establishment, exercise or defence of legal claims;
15.1.4 otherwise for the purposes of our legitimate interests, so long as such interests are not overridden by your interests or fundamental rights and freedoms.
15.2 For applicants, if your application is successful and you become an Eden McCallum Consultant, the information will retained in accordance with section 15.1. Personal data about unsuccessful applicants will be held for up to 12 months after the assessment exercise has been completed.
15.3 After these retention periods, your personal data will be deleted or anonymised in accordance with our Data Retention Policy. Further details of our data retention policy can be obtained from our Consultant team, if required.
16.1 Whilst every member of the Eden McCallum team has a personal email address, email which you send to us or which we send to you may be captured in our database and visible to authorised partners and staff. All emails may also be monitored from time to time by Eden McCallum to ensure compliance with professional standards and our internal compliance policies.
17.1 If you have concerns about our use of your personal data, please send an email with the details of your complaint to firstname.lastname@example.org.
17.2 You also have the right to complain to the Information Commissioner’s Office (https://ico.org.uk/).