Privacy Policy

Introduction

Amberjack Global provide volume recruitment, HR technology, selection & assessment products and services to some of the biggest brands in the world.

As a leading provider of HR, recruitment and development solutions, we are committed to providing a high calibre data led solution for all our clients. As part of this we take data compliance extremely seriously. We pro-actively ensure compliance of the solutions we provide to our customers as well as ensuring compliance as a business entity in our own right.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

The purpose of this policy is to provide information regarding how and why Amberjack collect, process and store data, as well as providing the appropriate contact information should you wish to request the information we hold about you, withdraw from processing or request deletion of any data we hold about you.

Under the EU General Data Protection Regulation (GDPR) there are six lawful basis for processing personal data.  These are detailed as follows:

  • Consent – the individual has given clear consent for you to process their personal data for a specific purpose
  • Contract – the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract
  • Legal Obligation – the processing is necessary for you to comply with the law (not including contractual obligations)
  • Vital Interests – the processing is necessary to protect someone’s life
  • Public Task – the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law
  • Legitimate Interests – the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a new regulation which replaced the Data Protection Regulation (Directive 95/46/EC) The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.

Your rights under the GDPR are set out in this policy and came into effect apply following the GDPR becoming law on 25th May 2018.

Please read this document to carefully to ensure that you understand our views and practices regarding your personal data and how we will treat it.

Definitions

Personal data” means any information relating to an identified or identifiable natural person (known as a “data subject”), and can include, for example, names, ID numbers, location data, online identifiers and factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a data subject.

The data protection legislation also recognises ‘special categories’ of personal data, the processing of which are subject to stricter regulation than other forms of personal data.  This category of personal data includes data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data used to uniquely identify natural persons, data concerning health or data concerning an individual’s sex life or sexual orientation.

All activities relating to personal data (e.g. collection, structuring, alteration, storage, retrieval, consultation, use, adaptation, disclosure, erasure or destruction), whether using automated means or not, are known as “processing” for the purposes of the data protection legislation.

The data protection legislation makes a distinction between those who process data as “controllers” and those who process it as “processors” and imposes different obligations on controllers and processors.  “Controllers” are individuals or organisations that determine the purposes and means of the processing of personal data.

Processors” are individuals or organisations that process personal data on behalf of a controller.

For the purposes of data protection legislation in force from time to time the data controller is:

Amberjack
Newbury House
20 Kings Road West
Newbury
Berkshire
RG14 5XR 

Our Data Protection Officer is Stephanie Hailey who can be contacted at the above address or hello@weareamberjack.com

Who we are and what we do

Amberjack provide consultancy, technology and outsourced recruitment services, specialising in early talent.  We employ individuals to deliver these services across a number of business areas including Resourcing Services, Assessment Consulting, Technical Development, Client Solutions, Marketing and Business Services.

Amberjack Marketing and Sales Data

As an organisation that processes business related data, Amberjack has assessed all six grounds for lawful processing of personal data and has selected ‘Legitimate Interests’ as the most suitable lawful ground for the processing of data for the purposes of Amberjack marketing and sales.

Amberjack collects, processes and stores data relating to businesses and decision makers.  We believe that the individuals that we process the data of, are likely to have an interest in Amberjack products.  Deemed as ‘Legitimate Interest’ this is based upon specific criteria including the business industry sector, size of organisation as well as the individual’s job function within the organisation.  Our typical segmentation includes those within HR, Talent, Recruitment, Training and Marketing related job functions, although this list is not exhaustive and other variables may apply.

Information you give to us or we collect about you

We will only ever collect, process and store the essential information required for contacting the data subjects within a business environment. The personal data we collect is limited to first name, last name, email address, as well as business IP address.  Other business-related data may also be processed including business name, job function, turnover and business address, however we will never collect further personal data such as those classed under ‘Special Categories of Personal Data’.

The data collected will be used to communicate marketing and sales messages relating to Amberjack products, based upon the job function held by the data subject. Amberjack specifically only sends messages to those we believe are likely to be interested in Amberjack products based upon the organisation they are employed by and based upon their job function within that organisation.  Messages from Amberjack could be delivered via email, social media, via telephone or any other business to business (B2B) marketing methods that may be relevant.

When you send Amberjack an enquiry or complete a form on our website or any associated site you will be asked to provide your contact details. We will use the data you provide to process your request and may use it to inform you by email, telephone or mail about other Amberjack products and services that we feel may be of interest to you, it is deemed that as you have visited the Amberjack website and provided us with your contact information that you are legitimately interested in our products and services. If you have opted out of marketing communications, we will not contact you. You have the right to object from any method of correspondence at any time, using the unsubscribe button on an email, by informing us by telephone or by contacting us via any of the methods below.

Information we obtain from other sources

At Amberjack we procure data in a variety of ways, collected in line with the lawful basis of ‘Legitimate Interests’.  If you have received correspondence from us, we will have procured your data in one of the following ways:

  • You have requested information from Amberjack on a previous occasion.
  • Someone has sent us your e-mail address requesting information about our articles and/or services be sent to you.
  • You or someone else has expressly shared your contact details with us for the purpose of receiving information now and/or in the future.
  • We have previously met at an event and your business card or contact details were handed to us willingly.
  • You or a business colleague has visited our website and we believe that there is a genuine legitimate interest in our services.
  • You have previously connected with a member of our team via the LinkedIn and discussed our services.
  • A member of our team has found your business and your contact details online, believing that your business would genuinely be interested in Amberjack products, based upon your job function aligning with our typical customer profiles they’ve made contact to introduce you to our product.
  • Your data has been purchased by a registered third party data supplier, which will have been segmented by industry, organisation size and job function based upon our typical customer profiles. (Due diligence checks around GDPR compliance will have been conducted accordingly).

The legal basis for the processing

Amberjack’s Lawful Basis for the processing of your personal data is to pursue our legitimate business interests, described in more detail below, although we will also rely on the Lawful Basis of legal obligation and the Lawful Basis of consent for specific uses of data.

We will rely on legal obligation if we are legally required to hold information on to you to fulfil our legal obligations.

Our Legitimate Business Interests

Amberjack has carried out a Legitimate Interest Assessment (LIA) as advised by the ICO.  Based upon that assessment it is deemed that the rights and freedoms of the data subjects would not be overridden in our correspondence regarding Amberjack and that in no way would a data subject be caused harm by our correspondence. Based upon our segmentation by organisation and by specific job function, coupled with our processing of personal data within the context of a business environment, we believe that any individual that receives correspondence from Amberjack in a direct marketing or sales capacity, could be legitimately interested in an Amberjack solution.  It is also deemed that direct marketing and sales is necessary in the context of promoting Amberjack to professionals in business to increase awareness of our HR, recruitment and development solutions in the marketplace.

As per the ICO guidance, Amberjack can confirm:

  • We have checked that “legitimate interests” is the most appropriate basis.
  • We understand our responsibility to protect the individual’s personal data.
  • We have conducted a “legitimate interests assessment” (LIA) and kept a record of it, to ensure that we can justify our decision.
  • We have identified the relevant legitimate interests.
  • We have checked that the processing is necessary and there is no less intrusive way to achieve the same result.
  • We have done a balancing test and are confident that the individual’s interests do not override those legitimate interests.
  • We only use individuals’ data in ways they would reasonably expect.
  • We are not using people’s data in ways they would find intrusive or which could cause them harm.
  • We do not process the data of children.
  • We have considered safeguards to reduce the impact where possible.
  • We will always ensure there is an opt-out / ability to object.
  • Our LIA did not identify a significant privacy impact, and therefore we do not require a DPIA.
  • We keep our LIA under review every six months and will repeat it if circumstances change.
  • We include information about our legitimate interests in our privacy notice.

We regularly cleanse and verify the data held within our CRM system, completing a full cleanse cycle at least once every 12 months.  Any records found to be out of date are placed into a deletion queue which is securely purged four times in a 12-month period.

Where we store and process your personal data  

Amberjack will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We are registered with the Information Commissioner’s Office and all records retained by the company are done so in accordance with data protection laws.

All information you provide to us, or we obtain is stored on our secure servers.

Retention of Your Data

We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so.  Accordingly, we have a data retention policy and run data routines to remove data that we no longer have a legitimate business interest in maintaining.

The data held within the Amberjack CRM system is processed and stored in the UK within a secure environment.

We will retain your data for no longer than 5 years.

The criteria we use to determine whether we should retain your personal data includes:

  • The nature of the personal data
  • Its perceived accuracy and relevance to our business needs
  • Our legal obligations

Your rights  

The GDPR provides you with the following rights.

To:

  • Request correctionof the personal information that we hold about you. This enables you to have any incomplete or inaccurate information the company hold about you corrected.
  • Request erasureof your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for the company 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 processingof your personal information where the company is 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.
  • Request the restriction of processingof your personal information. This enables you to ask the company 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 transferof your personal information to another party in certain formats, if practicable.

Right of Access

The GDPR gives you the right to access and obtain the personal information held about you. This is known as a “data subject access request”.

You may request that we send you all the data we hold that relates to you. Please make your request in writing;

By emailing:

marketing@weareamberjack.com

Or by writing to:

Data Protection Officer, Amberjack, Newbury House, 20 Kings Road West, Newbury, Berkshire, RG14 5XR

We will process and respond to your request within 30 days, this service will be free of charge.

This policy was last reviewed and updated on the 16th May 2018.  Policies are periodically reviewed to ensure compliance with the current compliance environment.

Breach Reporting

If you suspect a data breach has occurred, please report this immediately.

By emailing:

marketing@weareamberjack.com

Right to Object

In all correspondence with you we will give you the right to object from receiving further correspondence from Amberjack. On any emails you receive from Amberjack there will be the option to ‘unsubscribe’ from receiving any further email correspondence.  If you receive a telephone call from us, you have the right to request not to receive any further calls.  Amberjack has a companywide CRM system, your request to object will be logged within our CRM system to ensure that you do not receive any further calls.

Should you wish to object to receiving communication from Amberjack, you can do so in a variety of ways:

  • Please click the ‘unsubscribe’ link at the bottom of every email
  • If you have received a call, please tell the representative that you do not wish to receive any further communication.
  • On the website if you complete a web form select the option to not receive further communications.
  • Please call 01635 584130 and ask to speak with the Data Protection Officer

You can also make your request by emailing:

Or by writing to:

Data Protection Officer, Amberjack, Newbury House, 20 Kings Road West, Newbury, Berkshire, RG14 5XR

All requests will be processed within 30 days. Your details will be added to a suppression file to ensure that your details cannot be processed by the Amberjack CRM system in the future.  Please note this applies only to the processing of your personally identifiable data, not that of the business data which does not fall under the remit of GDPR.

Right to be Forgotten

It is important to understand the difference between a right to object and a right to be forgotten.  If you make a request to be forgotten, we will remove any data we hold about you from the Amberjack CRM system. This will also mean that we will remove you from our suppression files. If you are removed from our suppression files, there is a risk that your data may be processed again in the future if your details are re-added to our CRM system by a member of our sales team who genuinely believes that your business would benefit from Amberjack products or services.  If you do not wish for us to contact you again about Amberjack, we would recommend you request to object rather than a request for deletion, as this will ensure that your details are always suppressed from processing.

The option however is yours, and in either case we will process your request within 30 days.

Please make your request in writing by emailing: 

marketing@weareamberjack.com

Or by writing to:

Data Protection Officer, Amberjack, Newbury House, 20 Kings Road West, Newbury, Berkshire, RG14 5XR

For questions relating to this policy, please contact marketing@weareamberjack.com

Amberjack Global Limited is registered with the Information Commissioner’s Office under registration reference: ZA005824.