About This Policy
This Data Retention & Erasure Policy (External) relates specifically to Candidates, Referees, Client Contacts and Supplier Representatives (Data Subjects).
The policy is intended to ensure that A&S Contractors NW Ltd processes its business records in accordance with the personal data protection principles, in particular that:
- Personal data must be collected only for specified, explicit and legitimate purposes. It must not be further processed in any manner incompatible with those purposes.
- Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. When personal data is no longer needed for specified purposes, it is deleted or anonymised as provided by this policy.
- Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
- Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
- Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
The Data Protection Manager (DPM) is responsible for overseeing this policy. Any questions about the operation of this policy should be submitted to the DPM.
Location of Business Records
Our business records are mainly stored within our CRM/database, We may also store relevant information:
– On our internal network in shared folders;
Keeping Information Up To Date
A&S Contractors NW Ltd needs to ensure that our business records are kept up to date and accurate. Our employees are trained to update Data Subjects’ records whenever appropriate to ensure that (i) the data is up to date and (ii) all relevant employees are able to access and use such data for legitimate business purposes.
General Principles on Retention & Erasure
A&S Contractors NW Ltd approach to retaining business records is to ensure that it complies with the data protection principles referred to in this policy and, in particular, to ensure that:
- Business records are regularly reviewed to ensure that they remain adequate, relevant and limited to what is necessary to be used for the purpose for which they were recorded.
- Business records are kept secure and are protected against unauthorised or unlawful processing and against accidental loss, destruction or damage.
- When records are destroyed, whether held as paper records or in electronic format, A&S Contractors NW Ltd will ensure that they are safely and permanently erased.
Standard Retention & Erasure of Business Records
1. A&S Contractors NW Ltd standard data retention period is 7 years from the last date on which A&S Contractors NW Ltd was in actual contact with the relevant Data Subject. If more than 7 years have elapsed since the A&S Contractors NW Ltd was last in contact with the Data Subject (Expiry Date), A&S Contractors NW Ltd process is to delete the personal data relating to such Data Subject, subject to paragraph 2 below.
2. If the Data Subject is a Candidate who A&S Contractors NW Ltd has placed in a permanent or temporary role with a Client, A&S Contractors NW Ltd will usually retain the Candidate’s personal data for a period of seven years from the date on which the Candidate was placed with the Client (Legal Retention Period). The reasons for the Legal Retention Period are:
a. That the usual contract limitation period is six years and A&S Contractors NW Ltd could be required to defend itself against a breach of contract claim at any time during the limitation period. Certain personal data may be subject to an extended limitation period of up to twelve years in total where the relevant agreement has been executed as a Deed.
b. It is a common provision in Client agreements that A&S Contractors NW Ltd must for a period of not less than six years retain complete records of the recruitment activities which were carried out in the course of performing the contract; and
c. Where A&S Contractors NW Ltd has placed the Candidate in a temporary role, A&S Contractors NW Ltd is required by HMRC to retain a full audit trail of payments and receipts in respect of such temporary supply for the remainder of the relevant financial year plus a further six years i.e. up to seven years in total.