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This Privacy Notice sets out the basis on which K2 Partnering Solutions Holding Co Limited will process personal information provided to us, this information is also referred to as ‘personal data’. This privacy notice shall also apply to our subsidiaries and affiliates in the K2 Group, namely Kili Bidco Ltd, Kili Midco Ltd, Kili Topco Ltd, Kilimanjaro (Gsy) Ltd, K2 Partnering Solutions Ltd, K2 Human Capital Solutions Ltd, Madison Kay Ltd, K2 Partnering Solutions Deutschland GmbH, K2 Partnering Solutions SA, Partners K2 AG, K2 Partnering Solutions S.L., K2 Partnering Solutions LLC, K2 Partnering Solutions Limited (Italian Branch), K2 Partnering Solutions Italy Srl, K2 Partnering Solutions s.r.o., K2 Partnering Solutions Pte Ltd, K2 Partnering Solutions India Private Limited, K2 Business Consulting (Shanghai) Company Limited, K2 Partnering Solutions, K.K., K2 PARTNERING SOLUTIONS DO BRASIL CONSULTORIA EM TECNOLOGIA DA INFORMAÇÃO LTDA.,. K2 PARTNERING SOLUTIONS DO BRASIL CONSULTORIA EM TECNOLOGIA DA INFORMAÇÃO LTDA. (Curitiba Branch), K2 Human Capital Solutions, Inc., K2 Partnering Solutions, Inc., K2 Partnering Solutions (West), Inc. K2 Partnering Solutions, Inc. (Boston branch), K2 Partnering Solutions (West), Inc. (San Francisco branch), K2 Partnering Solutions (West), Inc. (Dallas branch), K2 Partnering Solutions de México, S. DE R.L. DE C.V, K2 Partnering Solutions S.A.S, K2 Partnering Solutions Pty Ltd and all references to “we”, “us”, “our” and “ours” shall include both K2 Partnering Solutions Holding Co Limited and any our group companies.
We take our obligations in respect of the privacy of personal data very seriously and we will only process personal information as detailed in this notice, unless we inform you otherwise. In order to ensure that the personal data we hold is accurate and up to date, we request that you inform us of any relevant changes to the personal information we hold about you.
The K2 Group of Companies is a leading global consultative staffing enterprise comprised of IT staffing and IT services companies which provide project assignments for IT specialists as well as permanent recruitment services. Established in London in 1997, K2 now operates from many locations worldwide. We help individuals to find permanent work or their next project and we are also an employer. We now also provide education offerings to our candidates and business associates so that they can continue to learn and develop and continue to receive relevant and exciting work opportunities, and are approved value added resellers for some companies with regard to their cloud learning services. Our core business activity is recruitment whereby we assist individuals in finding work or project opportunities with our clients, whether this is directly or through supply by us, and we assist clients in introducing or supplying the resources that they require. We also recruit staff to work for us to provide our recruitment services.
For the purposes of this Privacy Notice, our commercial activities and services for individuals and businesses (including education offerings and us acting as value added reseller) are jointly referred to as ‘Services’, and our actual or potential hiring customers are referred to as ‘Clients’.Our Data Protection Officer is Simo Kubheka and can be contacted here: dataprotection@k2partnering.com
K2 collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) as well as local laws, and we are responsible as ‘controller’ of that personal information for the purposes of those laws. For the purpose of applicable data protection legislation (including but not limited to the GDPR), the company responsible for your personal data is the one you are dealing and/or contracting with.
This Privacy Policy applies to the personal data of our website users, candidates, clients, suppliers, referals, referees and other people we may contact in order to carry out our Services. It also applies to the emergency contacts of our staff. For the avoidance of doubt, if you are a member of K2’s staff, you should refer to K2’s Privacy Notice for Internal Staff which has been communicated to you separately and is available on the K2 intranet.
If you do not wish us to process personal data in accordance with this policy, then please do not provide it to us, Please refer to Section 4 ’Your rights‘, in respect of data that we already hold, or which we receive from third parties.
This section applies to individuals wishing to use or using our Services, ie – looking for a role to work with us, being represented by us and/or wishing to take up education offerings through us (‘a Candidate’):
Depending on the contracting entity your assignment is conducted through, the business activity carried out or contract type entered into and applicable local laws and requirements, the personal data we collect or receive includes the following as applicable:
In some jurisdictions, we are restricted from processing some of the data outlined above and will consequently not process such data there.
We may obtain your personal data from the following sources (please note that this list is not exhaustive):
Applying for jobs through a board, which then redirects you to the K2 website
Where you are a Candidate and we have obtained your personal data from a third party such as an online job board, it is our policy to advise you of the source when we first communicate with you.
How we will use your personal data:
The processing of your personal information may include:
1. Entering into and performing a contract with you:
In order to provide our Services we may enter into a contract with you and/or a third party. In order to enter into a contract we will need certain information, for example your name and address. A contract will also contain obligations on both your part and our part and we shall process your data as is necessary for the purpose of those obligations. For example, in order to process payments, bank details will be required.
2. Compliance with legal obligations (regulatory and statutory obligations):
We must comply with a number of statutory provisions when providing our Services, which necessitate the processing of personal data. These include (for the purposes of English law) the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things requires us to:
Where we engage a person to work for us (whether directly or as supplied to a Client), there are other statutory obligations that must be complied with including (where applicable) payroll, tax, social security, HMRC or other tax authorities reporting requirements, and any other law or regulation.
We are also required to comply with statutory and regulatory obligations relating to business generally, for example complying with tax, bribery, fraud/crime prevention and data protection legislation, and co-operating with regulatory authorities such as tax authorities or the data protection supervisory authorities such as Information Commissioner’s Office.
3. Our legitimate interests (carrying on the commercial activity of our Services):
In providing our Services, we will carry out some processing of personal data which is necessary for the purpose of our legitimate interests, which include:
This means that for our commercial viability and to pursue these legitimate interests, we may continue to process your personal data for as long as we consider necessary for these purposes.
* Soft opt-in consent is a specific type of consent which applies where you have previously engaged with us (for example by submitting a CV, or registering a vacancy to be filled, or working with us on a contracting assignment), and we are marketing other recruitment-related services. Under ‘soft opt-in’ consent, we will take your consent as given unless or until you opt out. For most, this is beneficial as it allows us to suggest other services that might enhance your employability and skills.
4. Consent to our processing of your data:
We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you apply for a specific role you may have consented to our processing of the data that has been provided for the purpose of progressing your application and considering your suitability for that role. In other cases you may have provided your written or verbal consent to the use of your data for a specific reason.
You may withdraw your consent to our processing of your personal information for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.
What if we obtain your personal data from a third party?
Part of our business activity involves researching information relating to individuals for the purposes of filling job roles. This may include obtaining personal data from online sources, for example, we may obtain information from social media sites such as LinkedIn and job boards, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal information about you from hiring organisations, colleagues and former employers, or from persons for whom you have provided services or been otherwise engaged.
Where information from third party sources is of no use to us, or where you have notified us that you do not want us to provide you with services, we shall discard it, however, we may maintain a limited record in order to avoid the duplication of process. Where we consider that information may be of use to us in pursuance of the provision of our Services, any processing will be in accordance with this Privacy Notice. You do have the right to object to processing, please see Section 4 ‘Your rights’.
Sensitive personal data is information which is intensely personal to you and is usually irrelevant to our dealings with you in respect of our Services. Examples of SPD include information which reveals your political, religious or philosophical beliefs, sexual orientation, race or ethnic origin, or information relating to your health.
Regardless of the basis for your dealings with us, we request that you do not provide us with any sensitive personal data unless absolutely necessary. However, to the extent that you do provide us with any sensitive personal data, such as data which you choose to share with us in conversation, we shall only use that personal data for the purposes of our relationship with you or for the provision of our Services. This will be for one or more of the following reasons:
We shall not share your personal information unless we are legally entitled or required to do so. The following is thus a non-exhaustive list of persons with whom we may share your personal information:
Automated decisions
We may use software to review the personal data of individuals recorded on our database, or who have applied for specific roles. The software may determine suitability for a specific role via targeted questions relating to the role, and/or may identify and select individual personal information according to the stored characteristics. For example, the software may enable us to quickly identify individuals from our database who have specific skills, e.g. an engineer and exclude individuals whose characteristics do not match particular requirements of a job role.
Where we use software to assist us with our assessment of your suitability for a particular job role and you consider that any such assessment has been made wrongly or incorrectly, you may ask for an explanation.
This section applies where you are an individual working for a Client or third party with whom we have dealings or whose data we receive from Candidates or staff. It therefore applies to Clients, referees, referrals, suppliers (such as management companies, accountants, background check companies etc) or payroll companies.
We may collect your personal data in the course of our dealings and this may include the following:
We may obtain your personal data from the following sources (please note that this list is not exhaustive):
How we will use your personal data:
We will process your personal data in the context of our dealings with the third party for whom you work and as part of our Services. Processing may include:
Why we process your personal data:
1. Compliance with legal obligations (regulatory and statutory obligations) or performance of a contract
Where we are currently working with you on a contracting assignment, or have worked with you in the past, the lawful basis for us using your data is that the processing is necessary for the performance of a contract or to comply with a legal obligation.
We must comply with a number of statutory provisions when providing our Services, which necessitate the processing of personal data. These include (for the purposes of English law) the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things requires us to assess suitability of candidates and obtain information from Clients.
We are also required to comply with statutory and regulatory obligations relating to business generally, including for example tax, bribery and fraud/crime prevention legislation, and co-operating with regulatory authorities such as HMRC or other tax authorities.
2. Our legitimate interests (carrying on the commercial activity of our Services):
In providing our Services, we will carry out some processing of personal data which is necessary for the purpose of our legitimate interests, which include:
For our commercial viability and to pursue these legitimate interests, we may continue to process your personal information for as long as we consider reasonably appropriate for these purposes.
3. Consent
We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you have provided your contact details in order that we may use these to provide you with details of our services you may have consented to our processing of the data for that purpose. In other cases you may have provided your written or verbal consent to the use of your data for a specific reason, for example references.
You may withdraw your consent to our processing of your personal data for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.
What if we obtain your personal data from a third party?
Part of our business activity involves researching information for the purposes of finding and filling job roles. This may include obtaining personal data from sources including job boards, advertisements, LinkedIn or other social media, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal data about you from hiring organisations, colleagues and former employers, or from persons for whom you have provided services or been otherwise engaged with.
Where information from third party sources is of no use to us we shall discard it, however we may maintain a limited record in order to avoid the duplication of process. Where we consider that information may be of use to us in pursuance of the provision of our Services, any processing will be in accordance with this Privacy Notice. You do have the right to object to processing, please see Section 4 ‘Your rights’.
Sensitive Personal Data (SPD)
Sensitive personal data is information which is intensely personal to you and is usually irrelevant to our dealings with you in respect of our Services. Examples of SPD include information which reveals your political, religious or philosophical beliefs, sexual orientation, race or ethnic origin, or information relating to your health.
Regardless of the basis for your dealings with us, we request that you do not provide us with any sensitive personal data unless absolutely necessary. However, to the extent that you do provide us with any sensitive personal data, such as data which you choose to share with us in conversation, we shall only use that personal data for the purposes of our relationship with you or for the provision of our Services. This will be for one or more of the following reasons:
Who we share personal data with:
We shall not share your personal information unless we are legally entitled or required to do so. The following is thus a non-exhaustive list of persons with whom we may share your personal information:
This section applies to all personal data
Transfer of data to other jurisdictions
In the course of the provision of our Recruitment Services we may transfer data to countries or international organisations outside of the EEA. This may, for example, be between K2 entities across the world, to Clients or Candidates, or third parties who provide support services to us. Where information is to be so transferred, it may be to a country in respect of which there is an adequacy decision from the EU Commission. However, if this is not the case, it is our policy to take steps to identify risks and in so far as is reasonably practicable, ensure that appropriate safeguards are in place designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information, such as for example:
– by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission for the transfer of personal data by data controllers in the EEA to data controllers and processors in jurisdictions without adequate data protection laws; or
– to organisations that are signed up to the EU-U.S. Privacy Shield Framework for the transfer of personal data from entities in the EU to entities in the United States of America or any equivalent agreement in respect of other jurisdictions; or
– where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interests for the purposes of that contract; or
– where you have consented to the data transfer.
If you do not wish to provide us with necessary data
There may be circumstances where we require you to provide data which is necessary in order for us to meet statutory or contractual obligations, or perform our Services. If you do not wish to provide us with information we request then please notify us. However, please be aware that as a result, we may be unable to provide you or the party who you represent with a Service, and in some cases may result in a breach of the contract we have with you or a third party you represent.
Group companies & transfer
Although this Privacy Notice applies to us your data may be accessible to, and shared with other organisations within our group including Kili Bidco Ltd, Kili Midco Ltd, Kili Topco Ltd, Kilimanjaro (Gsy) Ltd, K2 Partnering Solutions Ltd, K2 Human Capital Solutions Ltd, Madison Kay Ltd, K2 Partnering Solutions Deutschland GmbH, K2 Partnering Solutions SA, Partners K2 AG, K2 Partnering Solutions S.L., K2 Partnering Solutions LLC, K2 Partnering Solutions Limited (Italian Branch), K2 Partnering Solutions Italy Srl., K2 Partnering Solutions s.r.o., K2 Partnering Solutions Pte Ltd, K2 Partnering Solutions India Private Limited, K2 Business Consulting (Shanghai) Company Limited, K2 Partnering Solutions, K.K., K2 PARTNERING SOLUTIONS DO BRASIL CONSULTORIA EM TECNOLOGIA DA INFORMAÇÃO LTDA.,. K2 PARTNERING SOLUTIONS DO BRASIL CONSULTORIA EM TECNOLOGIA DA INFORMAÇÃO LTDA. (Curitiba Branch) , K2 Human Capital Solutions, Inc., K2 Partnering Solutions, Inc., K2 Partnering Solutions (West), Inc. K2 Partnering Solutions, Inc. (Boston branch), K2 Partnering Solutions (West), Inc. (San Francisco branch), K2 Partnering Solutions (West), Inc. (Dallas branch), K2 Partnering Solutions de México, S. DE R.L. DE C.V, K2 Partnering Solutions S.A.S, K2 Partnering Solutions Pty Ltd for any of the purposes set out within this Privacy Notice, or where we have shared administration systems and staff.
In the event of a sale, merger, liquidation, receivership or the transfer of all or part of our assets to a third party, we may need to transfer your information to a third party. Any transfer will be subject to the agreement of the third party to this Privacy Notice and any processing being only in accordance with this Privacy Notice.
Data Security and Confidentiality
It is our policy to ensure, in so far as is reasonably practicable, that our systems and records are secure and not accessible to unauthorised third parties in line with contemporary practice.
Cookies
A cookie is a small file of letters and numbers that is downloaded on to your computer when you visit a website, which enables the website to tailor its offerings to your preferences when you visit it.
K2 uses Cookies to evaluate website visits. A Cookie is a small file which is transferred onto your computer when you visit this website. A cookie can only contain such information that K2 sends to your computer – private data cannot be read with cookies. If you accept the cookies on our website we do not have access to your personal data but we can identify your computer. Most browsers accept cookies as standard. You can, by accessing the properties function, accept or reject temporary or saved cookies separately. If you deactivate cookies, you might not be able to see all features on our website and some website might not be displayed properly.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
In case of activation of the IP anonymisation, Google will truncate/anonymise the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA.
On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website.
Furthermore, you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in.
You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website: Disable Google Analytics
Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on our website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).
Social Media Plugins
We currently use the following social media plug-ins: Facebook, Instagram, YouTube (Google), Twitter and LinkedIn. We apply the 2-click solution in this regard. This means that if you are visiting our site, no personal data will generally be transferred. Only when you click onto one of the plug-ins, data will be transferred to the relevant social media provider. You can recognise the provider by the markings in the black bar at the top of this site as well as in the grey bar at the bottom of the site by their Initials.
When the plug-in is activated, the relevant provider receives the information that your browser has opened the relevant page on our website, even if you do not have an account with this provider, or if you do have an account, then even if you are not logged into your account. This information will be transferred directly to a server of the provider in the USA and stored there.
If you are logged into your account, the relevant provider can allocate your visit to our website to your account with this provider. If you interact with the plug-in (for example by commenting), this information will also be transferred to a server of the provider and stored there. The information will further be displayed on the website of the provider and visible to your contacts. If you do not want this to happen, you have to log off your account before you click on the plug-in of the provider.
The social media provider can use the data for the purposes of advertising, market research and tailored use of its website. For this purpose the provider creates a user, interest and relationship profile to, for example, analyse the usage of our website, to inform other users about your activities on our website and to provide further services linked to the provider.
We expressly declare not to have knowledge of the content of the transferred data as well as their use by the relevant social media provider.
Purpose and extent of the data collection and further processing and use of data by the social media provider as well as the corresponding rights and settings to protect your privacy can be found in the following data protection declarations of the relevant provider:
Retaining your data
In most circumstances your data will not be retained for more than 6 years from the last point at which we provided any services or otherwise engaged with you and it is our policy to only store your personal data for as long as is reasonably necessary for us to comply with our legal obligations and for our legitimate business interests. However, we may retain data for longer than a 6 year period where we have a legal or contractual obligation to do so, or we form the view that there is otherwise a continued basis to do so, for example where your personal information identifies specialist skill sets which may remain in demand, or we are subject to a legal obligation which applies for a longer period.
If however, you believe that we should delete your personal data at an earlier date, please inform us in writing of your reasons. Please see Section 4 ‘Your Rights’ below.
Your rights
We take the protection of your personal data very seriously and it is important that you know your rights within that context, which include rights to:
Please note that should you exercise your right to request that we erase data or cease any processing activity, we may retain a record of this request and the action taken in order to both evidence our compliance, and to take steps to minimise the prospect of any data being processed in the future should it be received again from a third party source.
If you would like to exercise any of those rights, please:
If you would like to unsubscribe from any email newsletter you can also click on the ‘unsubscribe’ button at the bottom of the email newsletter. It may take a few days for this to take place.
Complaints
If you are dissatisfied about any aspect of the way in which your data is processed you may, in the first instance refer the matter to the DPO at dataprotection@k2partnering.com. We hope that our Data Protection Officer can resolve any query or concern you raise about our use of your information. Please refer to our Complaints Policy on our website www.k2partnering.com. This does not affect your right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/.
Changes to this Privacy Notice
This privacy notice was last updated in April 2018.
This Privacy Notice is regularly reviewed and may be updated from time to time to reflect changes in our business, or legal or commercial practice. Where an update is relevant to our processing of your data, we shall notify you of the same.
