1.1 In this Policy, the following terms are defined as:
(a) “Agency” – a recruitment agency;
(b) “Business” – a business seeking assistance of Agencies to fill a Job;
(c) “Candidate” – an individual registered at an Agency with a view to find a Job;
(d) “TempaGoGo” – TempaGoGo Ltd, a company registered in England and Wales under registration number 10876805 whose registered address is 24 Speldhurst Road London W4 1BU;
(e) “Job” – the details of a vacant position in respect of a temporary work placement that a Business wishes to fill;
(f) “Lead” – the details of a Job, offered to a specific Agency selected by a Business;
(g) “Submission” – the details of a particular Candidate that an Agency shares with a Business, to enable the Business to decide whether the Candidate would be suitable for their Job;
(h) “Booking” – the specific details of an agreement for an Agency to supply a Candidate to a Business. It may include the start and end date of the Job, and any monies to be paid. The Booking is a separate agreement between an Agency and a Business on the terms decided by those parties;
(i) “Timesheet” – the details of the time that a Candidate has worked in a particular period, usually but not necessarily a working week, when fulfilling a Booking for a Business;
(j) “Services” – the Services that TempaGoGo provides to Agencies, Businesses and Candidates;
(k) “Website” – TempaGoGo’s marketing Website (www.tempagogo.com) describing the Services;
(l) “Platform” – TempaGoGo’s online Platform (app.tempagogo.com), through which it delivers the Services;
(m) “Visitor” – a person visiting the Website;
(n) “Policy” – this Privacy and Cookies Policy which sets out what personal information we gather on you – visitors of the Website or users of the Platform – and why, and how we use, hold and protect (“process”) the personal information that you give us.
1.2 In this Policy,
(a) “we”, “us” and “our” refer to TempaGoGo Ltd. For more information about us, see Section 12 of this Policy;
(b) “you” and “your” refer to the Agency registered on the Platform in order to benefit from our Services. Please be aware that our Platform is for use or registration by those aged 16 years or older;
(c) reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
(d) words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;
(e) any reference to a party to this Policy includes a reference to his successors in title and permitted assigns;
(f) the headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this Policy; and
(g) any formatting of the document is for legibility and shall not affect the interpretation or construction of this Policy.
1.3 We are committed to safeguarding the privacy of the visitors of our Website and the users of our Platform.
1.5 If you use our Platform in the course of a business, then by so doing you bind both i) yourself and ii) the person, company or other legal entity that operates that business to this Policy. You agree to be bound by the Policy current at the time you commence each instance of access or use. The Policy may be updated or amended at any stage by TempaGoGo and covers all transactions finalised after that time.
1.6 The Services are available only to those carrying out a business or intending to make a supply in the course of their organisation’s activities. The Services are not available to those acting as consumers. Accordingly, by registering you are representing that you are not acting as a consumer.
1.7 In processing personal data, we will comply with relevant legislation in force from time to time in the United Kingdom. As we improve our Services to you and as relevant Data Protection legislation comes into force, we may change this Policy from time to time by updating it and publishing a new version on our Website. Your personal information will continue to be held in accordance with our Policy as it develops. We will not reduce your rights under this Policy without your explicit consent.
1.8 Useful contact details and a summary of the control you have over your personal data can be found in this Policy in Sections 11 and 12 respectively.
2.1 We gather personal data on three groups:
(a) Visitors, the non-registered visitors of our Website;
(b) Candidates, whose details have been uploaded to the Platform by Agencies for the purpose of sharing them with Businesses with a view to find temporary work placements;
(c) Individuals, either employees of Agencies or Businesses, or Candidates who have accounts on the Platform (“Individual”).
2.2 Accordingly, we are a Data Controller for the following types of data:
(a) where you are a Visitor, we will normally only gather personal data indirectly. We might also gather personal data directly if you i) request further information from use, or ii) engage with us on social media for example;
(b) where you are an Individual and you register for an account and access our Platform, we will gather personal data directly such as but not limited to your name, job title and email address, and indirectly such as the details of the browser you are using.
2.3 We act as Data Processor for the following types of data:
(a) where you are an Individual, we will directly record any information that you supply to the system, in order to use the Services provided. For example, but not exclusively: job details, invoicing details, work locations etc. We may also indirectly record your IP address and details of any action that you perform in the Platform;
(b) where you are a Candidate,
i) we gather information in order to enable an Agency to supply your details to a Business as a result of Leads generated through the Platform. Your personal data is supplied to us by the Agency in order to be shared with the Business as the result of an appropriate Lead;
ii) where you are in a work placement, you may be directed to complete Timesheets into our Platform recording your hours of work as part of your agreement with the Agency or Business. That data may be inputted by another such as the Agency or the Business, in line with the Booking agreement signed between the Agency and the Business. That information is then shared between the Agency and the Business to ensure that you are paid by the Agency for the hours worked and the Business is invoiced by the Agency;
iii) whilst the Platform we operate requires certain information to function, it is the Agency or Business that remains responsible for deciding how your personal data is used by us in obtaining your work placement. The Agency is the Data Controller for that personal data.
2.4 Should you have any questions concerning your personal data:
(a) as a Visitor, Candidate or Individual for the personal data controlled by us, please contact us using the contact details provided in Section 12;
(b) as a Candidate for the personal data processed on the Platform, you should contact the Agency with whom you are registered directly in the first instance. We are able to assist with technical questions only as the decision on how and what data to process is with the Agency and, if in a placement, the Business, in line with the Terms and Conditions that they and you have signed upon registration on our platform;
(c) as an Individual working for an Agency or Business, you should contact your organisation directly.
2.5 This Policy applies whether we are a Data Controller or Data Processor.
2.6 You can found more information about the personal data we process directly and indirectly in the Section 3 of this Policy.
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 Data gathered indirectly: We may process personal data indirectly about your use of our Website and the Platform (“Usage Data”) when you are a Visitor of our Website or user of our Platform. The Usage Data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, actions taken, and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the Usage Data are cookies. This Usage Data may be processed for the purposes of analysing the use of our Website and our Platform. The legal basis for this processing is consent and our legitimate interests, namely administering, monitoring and improving our Website and Services, customising TempaGoGo according to your preferences and tastes, for internal operations including troubleshooting, data analysis, testing, research, statistical and survey purposes, measuring or understanding the effectiveness of advertising we serve to you and others, to deliver relevant advertising to you, and also as part our efforts to keep our Website and Platform safe and secure. You can find more information about cookies in the Section 4 of this Policy.
3.3 When using the Platform, we may process directly your account data (“Account Data”). The Account Data may be processed for the purposes of providing our Services, ensuring the security of our Services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
(a) Where you are a Candidate, the Account Data may include your name, curriculum vitae, work history, availability, location information relating to suitable placements, pay rate, legal status, demographic information and information that is lawfully required to be disclosed as part of applying for and obtaining a work placement in order that the Agency and Business can share this information to consider you as a Candidate, as in every job search. The source of the Account Data will be the Agency you are registered with. In some instances, your Account Data might involve the record of your hours worked for further processing of your pay. The source of this data will be the Agency, the Business or you. Your personal data will be uploaded onto the Platform in accordance with our contract with our Agencies. Further processing of your personal data takes place in accordance with our contracts with our Agencies and Businesses. This processing may be prolonged as your placement may continue for a period of time or you may wish to be available for future opportunities.
(b) Where you are an Agency or Business, the Account Data may include your name, email address, phone number, job title, contact information including office postal address, email address and telephone contact details, demographic information such as office based location and destination, the status of your permission to authorise certain activities in your organisation, other information relevant to your organisation’s structure, culture and management, interest in customer surveys and /or offers we have made, availability to be contacted regarding placements. The source of the Account Data might be you or a user in your organisation. Your personal data will be associated with a certain level of authorisation on our Platform to make it possible to identify the individual most appropriate to take decisions concerning Candidates and their placements.
3.4 We may process directly information relating to transactions, including purchases of Leads and other services, that you enter into with us through our Platform (“Transaction Data”). The Transaction Data may include your contact details, your invoicing and payment details and the transaction details. The Transaction Data may be processed for the purpose of supplying the purchased services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper and lawful administration of our business.
3.5 We may process directly information that you post for publication on our Website or through our Platform (“Publication Data”). The Publication Data may be processed for the purposes of enabling such publication and administering our Website and Platform. The legal basis for this processing is consent and your legitimate interests, namely the proper administration of our Website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.6 We may process directly information contained in any enquiry you submit to us regarding our Services (“Enquiry Data”), where you are enquiring about entering into a contract with us in, where you are a Visitor sending us enquiries, or during the process of registering with us. The Enquiry Data may be processed for the purposes of answering your enquiry, explaining, offering, marketing and selling relevant services to you or to maintain your registration with us including carrying-out verification checks in accordance with our Terms and Conditions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.7 We may process directly information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“Direct Marketing Data”). The Direct Marketing Data may be processed for the purposes of sending you the relevant notifications, newsletters and/or promotional emails about our new services, special offers or other information which we think you may find interesting or for market research purposes. Please note that we will only contact an organisation’s administrative contact for these purposes and in no circumstances will we approach Candidates direct on this account. The legal basis for this processing is consent.
3.8 We may process directly information contained in or relating to any communication that you send to us (“Correspondence Data”). The Correspondence Data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms. The Correspondence Data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website and business and communications with you.
3.9 We may process directly testimonials of your great experiences with us (“Testimonial Data”). This data may include video interviews, written testimonials from our Website, third party websites, mails or telephone calls. The legal basis for this processing is consent. We will review these before placing them on our marketing literature including our Website and will only use your first name or an assumed name if you so wish. Should you wish for your Testimonial Data to be removed, please let us know using the contact details provided in Section 12.
3.10 We may process directly information to record the appreciation shown by users of our Services and their experiences (“Customer Experience Data”). This is for internal purposes to enable us to check that we continue to provide an excellent service. If the record is initiated by us, then we will anonymise it, using only first names. Should the record be initiated as a result of a request or complaint by you as a user about the Services, then only essential information relating to the issue will be kept and in that event for no longer than one year unless you request otherwise. After one year, we may retain information showing the fact of the request or complaint for training purposes but the information will be anonymised. The legal basis for this processing is our legitimate interests, namely improving our Website and Services, and consent.
3.11 We may process any of your personal data identified in this Policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.12 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4.1 A cookie is a small file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. It is placed on your device when you visit a website. The identifier is then sent back to the server each time the browser requests a page from the server.
4.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
4.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
4.4 You can choose to accept or decline cookies from our Website. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(d) https://support.apple.com/kb/Ph41411 (Safari); and
(e) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
4.5 However, if you block cookies, you will not be able to use all the features on our Website and will not be able to use our Platform.
(a) Google Analytics to analyse the use of our Website. Google Analytics is an analysis service by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, which gathers information about our Website by means of cookies. The information about your visit collected by Google Analytics is usually transferred to a Google server in the USA and saved there. Google will use the information collected on our behalf to evaluate your use of the Website and to compile reports about your activities within our Website. We will not gather any personally identifiable information about you through Google Analytics. You can find more information about what data can be collected via Google Mobile App Analytics at http://support.google.com/analytics/bin/answer.py?hl=en&answer=2568871. By using the Website, you explicitly consent that your information is collected via Google Analytics.
5.1 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.2 In normal circumstances, information relating to enquiries or contracts with us is held for a maximum of 6 years following the end of theregistration you have with us.
5.3 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, for tax purposes, or in order to protect your vital interests or the vital interests of another natural person.
6.1 Where we must share your data to third parties for the purposes of providing you with the Services you have requested, we will put in place contractual and practical systems to protect your personal information securely. Further we will notify them of any preferences you have indicated concerning use of your personal data.
6.2 Candidates should note that the sharing of their data on the Platform will be decided by the Agency with whom they initially registered and/or the Business for whom they are working. If a Candidate has any queries, they should contact either of these organisations in the first instance.
6.3 In addition to the specific disclosures of personal data set out in this Section 6, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject for the prevention of crime or regulatory purposes, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. In some circumstances, we may not be permitted to inform you that we have made such a disclosure.
7.1 We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
7.2 We will store all your personal data on secure servers protected by a double-authentication system.
7.3 Data relating to your enquiries, operational and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology and attached documents will be virus-checked.
7.4 You acknowledge however that the transmission of data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 Please do not upload or share sensitive personal data on our Platform unless absolutely necessary. In particular, we ask that you do not upload or share certain information such as the National Insurance numbers, birth dates, or bank details of Candidates either directly or on the Candidates’ curriculum vitae you upload on the Platform.
7.6 When registering on the Platform, we ask you to create password at least 10-character long that only you know and is not shared with any other account you may operate. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program and that it is not shared with any other user. You are responsible for keeping the password you use for accessing our Platform confidential and we will not ask you for your password (except when you log in to our Website). We will be unable to retrieve your password for you.
7.7 You acknowledge that it is vital for us to maintain the integrity of our system, and access to the accounts therein to protect your personal data. We operate a range of technical security measures, but also rely on the user’s own action. Therefore:
i) we may withdraw access to the platform where we have reasonable grounds to believe an account’s or the platform’s security has been compromised;
ii) if you have lost / forgotten your password, and/or lost of control of/access to the email address associated with an account on the platform, we make no guarantee whatsoever that we will be able to provide you access again to the account, and cannot be held liable for any damage, inconvenience or impact to your reputation in this circumstance.
8.1 In this Section 8, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
8.2 We have one office located in the United Kingdom.
8.3 The hosting facilities for our Website and Platform are situated in the United Kingdom.
8.4 You acknowledge that the personal data that you submit for publication through our Website or Platform may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
8.5 We may transfer your data outside of the EEA from time to time as we use Google Analytics and SendGrid, an email delivery service.
9.1 Our Website and Platform include links to, and details of, third party websites.
9.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties and this Policy does not cover spaces on the internet not controlled by us. We cannot control the information practices of other companies and organisations (for example social media platforms such as LinkedIn, Twitter or Facebook) that might advertise, display, link to, or offer to obtain our Services for you. You should exercise caution and look at the privacy policies applicable to the third party websites that you visit.
9.3 If you choose to post comments containing personal data on our Website or via our social media accounts, we cannot accept responsibility for the use or misuse of such data by others who have access to such posts and we suggest that you consider carefully before posting any such data.
9.4 Please note that third party cookies might be downloaded onto your device as a result of your use of external websites. For example, if you were to send information to or from our Website to your social media account, your account may require the use of such cookies to enable this transfer to take place. These cookies are not under our control and we disclaim any responsibility for the acts of third party cookies.
9.5 We may review tracking data generated by social media providers such as Twitter, LinkedIn or Facebook for:
(a) identifying when you might have encountered us through social media;
(b) measuring how useful our social media presence is for you;
(c) sending you targeted marketing messages relating to services we have to offer.
9.6 The use of this tracking data does result in our holding your personal contact details and likes and dislikes. We do not categorise this information based on what the law describes as “sensitive personal data”.
10.1 Please note that if TempaGoGo was to be sold or transferred or we were to purchase another business, your data will be transferred with it but only as part of the business as sold or transferred. Your personal information may be disclosed to a prospective buyer or seller of such business.
11.1 Data Protection legislation gives you certain rights to control of your personal data. These are:
(a) the right to be informed;
(b) the right of access;
(c) the right to rectification;
(d) the right to erasure;
(e) the right to restrict processing;
(f) the right to data portability;
(g) the right to object;
(h) rights in relation to automated decision making and profiling.
11.2 Further information on these rights can obtained from the UK Information Commissioner whose website is at: www.ico.org.uk.
11.3 We fulfil these rights in the ways set out below, however we do reserve our right to continue to process your data or refuse your requests as set out in relevant legislation and as described in this Section 11.
11.4 Right to be informed: This Policy is there to inform you about the collection and use of your personal data.
11.5 Right of access: You may request details of personal information which we hold about you under the relevant Data Protection legislation in force at the time (a “Data Subject Access Request”). You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data.
11.6 Right to rectification: You have the right to have any inaccurate or incomplete personal data about you rectified (perhaps for example because you have seen your name spelt incorrectly or someone else has received a call meant for you).
11.7 Right to restrict processing: You have the right to request that we restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
11.8 Right to object: You have the right to object to our processing of your personal data:
(a) based on legitimate interests;
(b) for direct marketing purposes (including profiling for direct marketing purposes);
(c) for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
11.9 Right to erasure also called as “the right to be forgotten”: In some circumstances, you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection laws; the processing is for direct marketing purposes; and the personal data have been unlawfully processed.
11.10 To exercise any of these rights:
(a) where we are the Data Controller, you should contact us by email, mail or phone, as specified in Section 12;
(b) where we are the Data Processor, you should contact your organisation or the Agency you are registered with as a Candidate in the first instance. However, if you are uncertain to whom you should direct your query, please contact us by email, mail or phone, as specified in Section 12 and we will endeavour to direct you to the appropriate person.
11.11 Please note that these rights are subject to our right to consider whether we are permitted or required to continue the processing, for example where we are required to hold historical records for legal or tax reasons or to perform statutory obligations, in which event we will inform you of our reasons.
11.12 Right to data portability: As our Services do not allow for data processing carried out by automated means, this right does not apply.
11.13 Rights in relation to automated decision making and profiling: Our Services do not allow for automated decision-making using your personal data.
11.14 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
11.15 You have control over the information you supply to us whether by:
(a) consent gained from your continuing to browse our Website; or
(b) your explicit consent by completing a contact form whether for requesting to receive further information about our Services; or
(c) your explicit consent to further processing to send you ongoing marketing material concerning our Services; or
(d) by your contacting us about your personal information; or
(e) your explicit consent by completing a registration form when you start using our Services.
11.16 Consent for the direct purpose for which you supply your data will be inferred from the situation in which you give this information. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal. If you choose to withdraw your consent to the processing of your personal information at any time, then you should inform us in writing using our contact details provided in Section 12.
11.17 TempaGoGo recognises that certain information belonging to Candidates and an organisation’s representatives may not be divulged on the basis of consent. Lawful processing in those circumstances is carried out as set out in this Policy.
12.1 The Website and Platform are owned and operated by TempaGoGo Ltd.
12.2 TempaGoGo is the trading name of TempaGoGo Ltd, a company registered in England and Wales under registration number 10876805 and our registered office is at 24 Speldhurst Road London W4 1BU.
12.3 Our principal place of business is also at the above address.
12.4 You can contact us:
(a) by post, to the postal address given above;
(b) by telephone, on the contact number published on our Website from time to time; or
(c) by email, using our contact email address: firstname.lastname@example.org.
13.1 We are registered as a Data Controller with the UK Information Commissioner’s Office.
13.2 Our data protection registration number is ZA356660.
13.3 Any Data Subject Access Request should be made to the following email address: email@example.com.
v1.0.0 – 03/05/18