John McAslan + Partners Legal Terms and Conditions IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS TOGETHER WITH OUR PRIVACY POLICY GOVERN OUR RELATIONSHIP WITH YOU IN RELATION TO YOUR USE OF THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR THE TERMS OF THE PRIVACY POLICY, PLEASE DO NOT CONTINUE TO USE THIS WEBSITE. John McAslan Partners Limited (“John McAslan”, “we”, “us” and “our”) is registered in England and Wales with number 2802936. Registered office: 82 St. John Street, London EC1M 4JN. We may change these terms and conditions or the Privacy Policy at any time by updating this page. You should return to this page and review it from time to time to ensure you are happy with any changes. Using or accessing this website indicates your acceptance of these terms and conditions and the Privacy Policy. These terms and conditions and the Privacy Policy are effective from 3 September 2010. You may have other rights granted by law and these terms and conditions do not affect these unless the two are inconsistent. If this is the case, then these terms and conditions will override any other rights which you may have, unless this is not permitted by law. 1. Your use of this website 2. Liability 3. Linking 4. Availability 5. Applicable Law and Jurisdiction 6. Privacy Policy 6.1. Information we collect 6.2. Use of cookies 6.3. Use of your information 6.4. Storing your personal data 6.5. Disclosing your information 6.6. Third Party Links 6.7. Access to Information 7. Recruitment Data Privacy Notice 7.1. Data Protection Principles 7.1.1. The kind of information we hold about you 7.2. How is your personal information collected? 7.3. How we will use information about you 7.3.1. Situations in which we will use your personal information 7.3.2. If you fail to provide personal information 7.3.3. Change of purpose 7.4. How we use particularly sensitive personal information 7.4.1. Our obligations 7.4.2. Do we need your consent? 7.5. Information about criminal convictions 7.6. Automated decision-making 7.7. Data sharing 7.7.1. Why might you share my personal information with third parties? 7.7.2. Which third-party service providers process my personal information? 7.7.3. How secure is my information with third-party service providers and other companies in our group? 7.7.4. When might you share my personal information with other companies in the group? 7.7.5. What about other third parties? 7.8. Data security 7.9. Data retention 7.9.1. How long will you use my information for? 7.10. Rights of access, correction, erasure, and restriction 7.10.1. Your duty to inform us of changes 7.10.2. Your rights in connection with personal information 7.10.3. No fee usually required 7.10.4. What we may need from you 7.11. Right to withdraw consent 7.12. Data protection queries and complaints 7.13. Changes to this privacy notice Appendix A 1. Your use of this website The information contained in this website is for general information purposes only. The information is provided by John McAslan + Partners and while we endeavour to keep the information up to date and correct, subject to the paragraph headed ‘Liability’, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. This website and all materials contained in it are protected by intellectual property rights including copyright, and either belong to John McAslan + Partners or are licensed to us to use. Materials include but are not limited to the design, layout, look, appearance, graphics and images on the website, as well as other content. You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else for a commercial purpose without our consent in writing nor may you download it or modify it in any way. 2. Liability We do not exclude our liability to you (if any) for personal injury or death arising from our negligence, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability. We will only be liable to you for losses which you suffer as a direct result of a breach of these terms and conditions or the Privacy Policy by John McAslan + Partners. However, we will not be liable to you for any loss or damage which you may incur which was not a foreseeable consequence of us breaching these terms and conditions or the Privacy Policy. For example, if you and we could not have contemplated these losses before or at the time when you access this website. In addition, our liability to you shall not in any circumstances include any loss or damage whatsoever arising from loss of data arising out of, or in connection with, the use of this website. If you are a consumer, please note that nothing in these terms and conditions or the Privacy Policy affects your statutory rights. 3. Linking Through this website you are able to link to other websites that are not under the control of John McAslan + Partners. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. 4. Availability Every effort is made to keep the website up and running smoothly. However, save as expressly provided in these terms and conditions, John McAslan + Partners takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. 5. Applicable law and Jurisdiction Subject to any overriding consumer laws, the formation, existence, construction, performance and validity and all aspects of these terms and conditions and the Privacy Policy and any non-contractual obligations arising out of or in connection with them will be governed by the laws of England. The English and Welsh Courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions, the Privacy Policy or your use of this website, including in relation to any non-contractual obligations. 6. Privacy Policy At John McAslan + Partners we are committed to protecting and preserving the privacy of our visitors’ information when visiting our site or communicating electronically with us. This Privacy Policy contains an explanation of what happens to personal data that you choose to provide to us, or that we collect from you whilst you visit this site. 6.1. Information we collect In running and operating this website we may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below: 1. Details of visits to our website and the pages and resources that are accessed, including, but not limited to, traffic data, location data and other communication data that may assist us in understanding how visitors use this website. 2. Information that visitors provide to us as a result of filling in forms on our website, such as when a visitor registers for information. When your information is collected we will tell you the purposes for which such information will be used and allow you to choose how you wish to be contacted. We will also tell you where the provision of information is mandatory or optional. 3. Information provided to us when our visitors communicate with us electronically for any reason. Visitors to this website who have javascript enabled are tracked using Google Analytics. Google Analytics collects the following types of information from users: Type of user agent (web browser) used, software manufacture and version number. Type of operating system Screen colours (colour processing ability of the user’s screen) Javascript support Flash version Screen resolution Network location and IP address: can include country, city, state, region, county, or any other geographic data. Hostname Bandwidth (internet connection speed) Time of visit Pages visited Time spent on each page of the website Referring site statistics The website (URL) the user came through in order to arrive at this website (for example: clicking on a hyperlink from Yahoo.com that took the user to this website) Search engine query used (for example: typing in a phrase into a search engine like Google, and clicking on a link from that search engine) 4. Google Analytics data is shared with Google. For more information on Google's Privacy Policies, please visit Google Pricavy & Terms. Our use of this data is primarily to optimize our website for our visitors and search engines. However, we may use this data for marketing purposes. An example of how this data could be used for marketing purposes would be to monitor responses to email marketing campaigns. Should you wish to opt out of Google Ads, please visit Google's Advertising Policy. This data DOES NOT include any personal identification information such as: Names Phone Numbers Email Addresses Mailing Addresses Social Security Numbers Bank Account Numbers Credit Card Information 6.2. Use of Cookies Cookies are sometimes used to improve the website experience of a visitor to a website. We may sometimes use cookies on this website to record aggregate statistical information about the visitors to our site and the use that our visitors make of the website. When collected, this information is used by us to improve our website and further enhance the visitor experience and, may be shared with advertisers. Pease note that no personally identifiable information is recorded. We may also use the cookies to gather information about your general internet use to further assist us in developing our website. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive and then stored there and transferred to us where appropriate to help us to improve our website and the service that we provide to you. All computers have the ability to decline cookies. You can easily decline or remove cookies from your computer using the settings within the Internet Options section in your computer control panel. For more information visit All About Cookies. However, please note that some of our website features may not function if you disable cookies. 6.3. Use of Your Information The information we collect is used for our own internal purposes in developing and improving our website. In addition, we may use the information for the following purposes: To provide you with information relating to our website, products or our services that you request from us. To provide you with information on other products that we feel may be of interest to you. To meet our contractual obligations to you. To notify you about any changes to our website, including improvements, and service or product changes that may affect our website. To consider employing you if you have submitted an application for employment to us. If you are an existing customer, we may contact you with information about goods and services similar to those that you have expressed an interest in previously via our website. We will ensure that any direct marketing we send to you will include a simple means for you to refuse further marketing. 6.4. Storing Your Personal Data Information that we collect may on occasion be transferred and stored outside of the European Union for the purpose of supplying our goods or services to you. By submitting your personal data, you agree to this transfer, storing or processing. We will always take all reasonable precautions to make sure that your data remains secure and is handled in accordance with this Privacy Policy and so as to ensure that there is the same level of protection for processing carried out in these countries as within the European Union in accordance with our obligations under the Data Protection Act 1998. Details of the persons and countries to which your information is disclosed will be provided on request. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your information. Please note that the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential. 6.5. Disclosing Your Information Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any). An up to date list of the companies currently part of the John McAslan Partners Limited group is available upon request. Your information will only be disclosed for the purposes set out in this Privacy Policy or which you have otherwise consented to. We may also disclose your personal information to third parties: Where we sell any or all of our business and/or our assets to a third party. Where we are legally required to disclose your information. To assist fraud reduction and minimise credit risks. Where the transfer or disclosure would otherwise be in compliance with the requirements of the Data Protection Act 1998. 6.6. Third Party Links You may find links to third party websites on our website, which are not within our control. These websites should have their own privacy policies which you should check. Once you have left our website, we cannot be responsible for the protection and privacy of any information which you provide. 6.7. Access to Information The Data Protection Act 1998 gives all individuals the right to access personal information that is held about them. You can request a copy of any information that we hold about you and we will respond to you in accordance with the timeframes set out in the Data Protection Act 1998. Please note that any request for this information may be subject to payment of £10 which covers our administrative costs. Please contact marketing@mcaslan.co.uk if you wish to make such a request. In addition, please notify us as soon as possible if any of the information which we hold about you is incorrect and we will amend this. 7. Recruitment Data Privacy Notice John McAslan + Partners Limited (JMP) is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during recruitment activity, in accordance with relevant data protection legislation. JMP is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required by law to notify you of the information contained in this privacy notice. This notice applies to individuals (referred to as “data subjects” in data protection legislation) who interact with JMP as a result of any recruitment activity. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time. It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information. 7.1. Data Protection Principles Data protection law says that the personal information we hold about you must be: Processed lawfully, fairly and in a transparent manner. Collected only for legitimate purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes. Adequate for and relevant to the purposes we have told you about and limited only to what is necessary for those purposes. Accurate and kept up to date. Kept only as long as necessary for the purposes we have told you about. Processed in an appropriately secure manner. 7.1.1. The kind of information we hold about you Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are "special categories" of more sensitive personal data which require a higher level of protection. We may collect, store, and use the categories of personal information about you set out in Appendix A. 7.2. How is your personal information collected? We typically collect personal information about potential candidates through the application and recruitment process, either directly from candidates or sometimes from an employment agency or a referral from one of our employees. We may sometimes collect additional information from third parties including former employers, personal connections or other background check agencies. 7.3. How we will use information about you We will only use your personal information when the law allows us to, which will normally be: Where we need to in order to consider your CV or application and throughout your participation in any recruitment process with JMP. Where we need to comply with a legal obligation. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We may also use your personal information in the following situations, which are likely to be rare: Where we need to protect your interests (or someone else's interests). Where it is necessary in the public interest. 7.3.1. Situations in which we will use your personal information We need all the categories of information listed in Appendix A primarily to allow us to consider your CV or application and to enable your participation in any recruitment process with JMP or to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are also listed in Appendix A. Some of the grounds for processing will overlap and there may be several grounds which justify our use of your personal information. 7.3.2. If you fail to provide personal information If you fail to provide certain information when requested, we may not be able to continue with the recruitment process or we may be prevented from complying with our legal obligations (such as to ensure your health and safety). 7.3.3. Change of purpose We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so, which may involve us seeking your consent to such use of your personal information. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 7.4. How we use particularly sensitive personal information "Special categories" of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances: In limited circumstances, with your explicit written consent. Where we need to carry out our legal obligations and in line with our data protection policy. Where it is required in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with our data protection policy. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards. Less commonly, we may process this type of information where necessary in relation to legal claims or to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public. 7.4.1. Our obligations We will use your sensitive personal information: About your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work and to provide appropriate workplace adjustments. About your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting. 7.4.2. Do we need your consent? We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. 7.5. Information about criminal convictions We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy. Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, to protect your interests (or someone else's interests) if you are not capable of giving your consent, or where you have already made the information public. We do not envisage that we will hold information about criminal convictions. Where appropriate, we will collect information about criminal convictions as part of the recruitment process. We will use information about criminal convictions and offences to make a decision about your recruitment or appointment, so far as the law allows. 7.6. Automated decision-making We do not envisage that any decisions will be taken about you using automated means. 7.7. Data sharing We may have to share your data with third parties, including third-party service providers and other entities in the group. We require third parties to respect the security of your data and to treat it in accordance with the law. We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information as you would receive for transfers within the EU. 7.7.1. Why might you share my personal information with third parties? We may share your personal information with third parties where required by law or where we have another legitimate interest in doing so. 7.7.2. Which third-party service providers process my personal information? "Third parties" includes third-party service providers (including contractors and designated agents) and other companies within our group. The following third-party service providers may process personal information about you for the following purposes: Recruitment Agencies and Online Recruitment Notice Boards such as Dezeen (it is not possible to specify which of these as it will vary depending on the particular recruitment exercise) in relation to recruitment activity by JMP. 7.7.3. How secure is my information with third-party service providers and other companies in our group? All our third-party service providers and other companies in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes in accordance with our instructions. 7.7.4. When might you share my personal information with other companies in the group? We will share your personal information with other companies in our group as part of our recruitment-based reporting activities. 7.7.5. What about other third parties? We may need to share your personal information with a regulator or to otherwise comply with the law. 7.8. Data security We have put in place measures to protect the security of your information, whether it is physically held or virtually held by JMP. These measures include use of username and password security and secured servers with limited access control to persons with appropriate clearance. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so. 7.9. Data retention 7.9.1. How long will you use my information for? We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our retention policy, which can be provided on request from the HR Department. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. If you do not become an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our data retention policy. 7.10. Rights of access, correction, erasure, and restriction 7.10.1. Your duty to inform us of changes It is important that the personal information we hold about you during any recruitment process is accurate and up to date. Please let us know straight away if your personal information changes the recruitment process. 7.10.2. Your rights in connection with personal information Under certain circumstances, by law you have the right to: Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us 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 processing of your personal information where we are 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. You also have the right to object where we are processing your personal information for direct marketing purposes. Request the restriction of processing of your personal information. This enables you to ask us 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 transfer of your personal information to another party. If you want to exercise any of the rights described above, please inform Natasha Manzaroli at JMP in writing. 7.10.3. No fee usually required You will not have to pay a fee exercise any of the rights described above. However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive or we may refuse to comply with the request in such circumstances. 7.10.4. What we may need from you We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of the rights described above. This is an appropriate security measure to ensure that personal information is not disclosed to anyone who does not have the right to receive it. 7.11. Right to withdraw consent There are limited circumstance where you may provide your consent to the collection, processing and transfer of your personal information for a specific purpose, however you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please inform Natasha Manzaroli at JMP in writing. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. 7.12. Data protection queries and complaints If you have any questions about this privacy notice or how we handle your personal information, please contact Natasha Manzaroli at JMP. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues. 7.13. Changes to this privacy notice We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice if we make any substantial updates whilst you are engaged in any recruitment process with us. We may also notify you in other ways from time to time about the processing of your personal information. If you have any questions about this privacy notice, please contact Natasha Manzaroli at JMP on n.manzaroli@mcaslan.co.uk. Appendix A A.1. Personal Information: Name, address, email address, telephone numbers, dob, website address, qualifications, education, professional memberships, previous job information and reference details Legal basis for processing: Company legitimate interest in employment opportunities and candidate consent Reason for processing: Recruitment activity including job applications A.2. Personal Information: Name Legal basis for processing: Compliance with a legal obligation (health and safety) and/or legitimate interest. Reason for processing: Register of visitors on site at any given time Contact Press Legal Covid-19 John McAslan + Partners 2020 We use cookies on this site to enhance your user experience By clicking any link on this page you are giving your consent for us to set cookies. No, give me more info OK, I agree No, thanks