Privacy

This statement relates to our privacy practices in connection with our business and with this website.

We are not responsible for the content or privacy practices of other websites. Any external links to other websites are clearly identifiable as such. Some technical terms used in this statement are explained at the end of this page.

General statement

Martinsen Mayer fully respects your right to privacy, and will not collect or publish any personal information about you through this website without your clear permission. Any personal information which you volunteer to Martinsen Mayer will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Act 2018.

The purpose of this document is to set out the privacy entitlements of Data Subjects, as defined in the General Data Protection Regulation (GDPR), of living persons.  Privacy can only apply to information that is not already in the public domain and GDPR only applies to such personal data.

The General Data Protection Regulation (GDPR) is an European Union Regulation that sets out the data entitlements of data subjects and the obligations of those who process the personal data of data subjects. GDPR seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU.

Personal Data

Candidates: Our company collects data from you and uses that data to place you in employment with third parties which involves making telephone contact with you, emailing you with positions that may be of interest to you, emailing and telephoning potential employers to advance your career prospects with those companies and sharing your data with those potential employers.   When you register with us you are agreeing to our company acting as an agent for you in your pursuit of an employment position with a third party until you either opt out (which you can do at any stage) or we cease in promoting you to potential employers. Our company in their capacity as your agent operates as a Data Controller in respect of the personal data you supply to us.  We share your data with third party Clients in order to advance your prospect of obtaining your desired position and while we require that our clients are GDPR compliant we can make no guarantees or warranties in that regard.  

We collect personal data about you from the application forms and questionnaires you may be asked to complete; we also gather personal data from records of our correspondence, phone calls, emails and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. This information can be used to identify visitors to our website and also to collect statistics about the behaviour of visitors to our website.

Employees: We collect data in order to perform the contract of employment.

Data Minimisation Principle: We will only collect the information we need so that we can ensure adequate information is provided to our employer/clients consistent with the requirements of the particular placement relevant to you, as the contract is being performed, it may be necessary to obtain further data from you, we will do this if and when it is necessary and only the necessary data will be obtained.  This agency does not sell or broker your data.

Data Subjects

This company has different categories of data subjects:

1. Data subjects who are general candidates looking for temporary or permanent work.
2. Data subjects who are engaged on a contract of employment by our company to be placed in temporary assignments in our client companies.
3. Data subjects who are our own internal employees carrying out the work of the recruitment agency.
4. Data subjects whom we introduce to companies and who provide contractual work to those companies

There are different categories of data required between the differing data subject categories and only the information necessary to conduct the contractual relationship and perform the contract unique to each data subject will be collected. 

Legal Basis for Processing Any Personal Data

This company relies upon the following legal bases for data collection:

1. Information is required in order to perform the contract of employment agent on behalf of you the candidate to potential employers.  The basis of data gathering in that instance is contractual requirements.  This will include identification information such as but not limited to name, address, date of birth, information regarding education/qualifications and reference checks.
2. Information is required in order to perform our statutory obligations such as tax returns and compliance with employment permit legislation.  This information will include PPS numbers and where relevant GNIB card copies.
3. Information is sought on your express and explicit consent in relation to training options.
4. Information is processed in the legitimate interests of the business of the employment agency, and where so processed it will be in accordance with and subject to your data subject rights and entitlements.

Consent

Through agreeing to this privacy notice you are consenting to us processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing dpo@martinsenmayer.com or writing to us, see last section for full contact details.

Disclosure

A necessity of our contractual engagement is that we share your personal data with our employer/clients.  We have in place Data Sharing Agreements (in the form of actual agreements or merely additional clauses within the terms and conditions of engagement between the agency and its clients) or Data Processing Agreements with all such employer/clients and we have done our utmost to ensure that all such parties process your data in a manner that is consistent with this Privacy Notice and GDPR. Our employer/clients may themselves be subject to third party audits either in the form of ethical audits, governmental/statutorily required audits or legal obligations, these are deemed a necessity of the contract of engagement between you and our company and on this legal basis your personal data will be shared to comply with these requirements. 

We do not broker or pass on information gained from your engagement with the agency. However, we may disclose your Personal Information to meet legal obligations, regulations or valid governmental requests. The agency may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of our company, its clients and/or the wider community.

Collection and use of personal information

Martinsen Mayer does not collect any personal data about you on this website, apart from information which you volunteer (for example by e-mailing us or by using our online feedback form). Any information which you provide in this way is not made available to any third parties (for example our clients who require individuals with your skills) prior to further consultation with you, and is used by the Martinsen Mayer only in line with the purpose for which you provided it.

Collection and use of technical information

This website uses temporary “session” cookies which enable a visitor’s web browser to remember which pages on this website have already been visited. If you use the ‘Remember me’ option when logging in to the Martinsen Mayer website, a cookie is placed on your computer with an encrypted id to remember your credentials. No other information is stored in this cookie. Visitors can use this website with no loss of functionality if cookies are disabled from the web browser. Technical details in connection with visits to this website are logged by our internet service provider for our statistical purposes. No information is collected that could be used by us to personally identify website visitors. The technical details logged are confined to the following items:

• the IP address of the visitor’s web server
• the top-level domain name used (for example .ie, .com, .org, .net)
• the previous website address from which the visitor reached us, including any search terms used
• Google analytics which shows the traffic of visitors around this web site (for example pages accessed and documents downloaded)
• the type of web browser and operating system used by the website visitor.

Martinsen Mayer will make no attempt to identify individual visitors, or to associate the technical details listed above with any individual. It is the policy of the Martinsen Mayer never to disclose such technical information in respect of individual website visitors to any third party (apart from our internet service provider, which records such data on our behalf and which is bound by confidentiality provisions in this regard), unless obliged to disclose such information by law. The technical information will be used only by the Martinsen Maye, and only for statistical and other administrative purposes. You should note that technical details, which we cannot associate with any identifiable individual, do not constitute “personal data” for the purposes of the Data Protection Act 2018.

Data Storage

Data is held in Ireland using different (multiple) servers. We do store personal data outside the EEA.

Data Retention Periods

Source of Obligation	Retention Period
Revenue Commissioners, Collector General, Companies Acts legislative provisions	6 years rolling retention of records
Personal Injuries related records	Records are retained for a period of 3 years past the date of the cause of action, unless it involves a minor, in which case the retention period will be up until 3 years after the minor reaches the age of 18.
Breach of Contract related records	Records are retained 6 years from the date of the breach
Employment contract/terms of employment related information	Duration of the employment – this includes everything from the application form, interview notes, contract related, performance appraisals, references, the retention period will be the duration of employment.   Unsuccessful candidates who make it to final round interviews will be kept for the duration of the probationary period of the successful candidate, otherwise all other unsuccessful candidates are deleted at point of cessation of their application – prior to interview/following first interview etc.
Employment Agency Permanent Candidate Records	Permanent Placement Candidates who are unsuccessful will be contacted at the conclusion of their initial application process and asked if they would like to avail of the recruitment services of the agency on the wider scale of that one position. If they say no, then all of their details will be deleted after a period of one year, this is to ensure that the expiry period of the employment equality legislation has been discharged.  If they say yes, they will be kept on our system for their data to be retrieved whenever a suitable vacancy arises, and they will be kept there for up to 5 years on a legitimate interest basis or until they exercise their Data Subject rights. Permanent Placement Candidates who are successful will have their details transferred to a Placed Candidate Database, or have their designation changed to “Placed Candidate” on our data management system and they will be kept indefinitely.  Contact with candidates who have been placed and hired will be in accordance with the terms and conditions of engagement between the agency and the client. These records will be kept for up to 5 years to ensure that the data is available should there be any indication of dissatisfaction on the part of the Candidate Data Subject or the Client Company, once the contractual period has been exhausted for breach claims, the Candidate Data will be kept to ensure compliance with the Client requirement in accordance with their T&Cs again on a contractual basis.  When this period is exhausted, the Candidate will be either transferred onto the live database on a legitimate interest basis as a candidate who would possibly wishing to progress their career, contact will be made to confirm the candidates willingness to remain registered with the agency and thereafter data is processed on a legitimate interest basis or deleted.
Employment Agency Temporary Candidates and Contractual Candidates	Temporary Agency Workers are treated in the same way as direct employees in respect of their data and the same retention periods apply to their data.
Employment contract/terms of employment related information	Duration of the employment – this includes everything from the application form, interview notes, contract related, performance appraisals, references, the retention period will be the duration of employment.
Disciplinary/Grievance Documentation	Retained for the duration of the employment of the relevant parties
Organisation of Working Time – time sheets/holiday and public holiday recordsNational Minimum WagesProtection of Employment – Temporary Agency Workers, Part Time Workers, Fixed Term WorkersProtection of Young Persons	3 years post the termination of the employment.  Records kept are sufficient to show compliance with legal obligations in accordance with the statutory provisions.
Parental Leave Related	8 years – records kept show the dates when a qualifying employee availed of the parental leave and force majeure leave provisions
Employment Equality	All records of interviews and applications are kept for a period of one year post the application period in order to exhaust the statute of limitations in relation to a potential claim
Health and Safety Records	All records relating to health and safety will be kept for a period of 10 years
Data Law Compliance	Records in relation to our compliance with Data Law and GDPR will be kept for a five year period.

Your Rights as a Data Subject

For the entirety of the time that we are in possession of your data, you have the following rights:

• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records and we will comply with this request in accordance with our own obligations to keep records for statutory purposes
• Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organisation.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.

These rights may on occasion need to be modified/curtailed by statutory or competing obligations, for example, you may request that we delete your data, however if we have been your employer will can only do so after the statutory period of record retention has expired.  In the event that we are obliged to refuse your request in accordance with your data subject rights, or if we are obliged to place conditions on our assent to your request, we will provide you with a reason as to why, which you have the right to legally challenge.

At any time following a request from you we can confirm what information we hold about you, as well as how and why it is being processed.

You can request the following information:

• Identity and the contact details of the person or organization that has determined how and why to process your data.
• Contact details of the data protection officer, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of our company or a third party such as one of its clients, information about those interests.
• The categories of personal data collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• How long the data will be stored.
• Details of your rights to correct, erase, restrict or object to such processing.
• Information about your right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority (Data Protection Regulator).
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn’t collected directly from you.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

To access what personal data is held, identification will be required

We will accept the following forms of ID when information on your personal data is requested: a copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If we are dissatisfied with the quality, further information may be sought before personal data can be released.

All requests should be made to dpo@martinsenmayer.com or writing to us at Martinsen Mayer, 3 Leeson Close, Dublin 2.

Complaints about data processed via the website

If you are concerned about how personal data is processed via this website, please do not hesitate to bring such concerns to the Martinsen Mayer by contacting us using the appropriate details on our Contact Us page.

In the event that you wish to make a compliant about how your personal data is being processed by us, you also have the right to complain to Rob Shannon. If you do not get a response within 30 days you can complain to the OFFICE OF THE DATA COMMISSIONER, Supervising Authority of Ireland.

Third Party Websites

This privacy policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website to which this website contains a link. The inclusion of a link on the website does not imply endorsement of the linked website by us.

Additionally, we may provide you with access to third-party functionality that permits you to post content to your social media account(s). Please note that any information that you provide through use of this functionality is governed by the applicable third party’s privacy policy, and not by this privacy policy, and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Glossary of technical terms used

Web browser: The piece of software you use to read web pages. Examples are Google Chrome, Microsoft Internet Explorer, Firefox, Safari and Opera.

IP address: The identifying details for your computer, or your internet company’s computer, expressed in “internet protocol” code (for example 192.168.72.34). Every computer connected to the web has a unique IP address, although the address may not be the same every time a connection is made.

Cookies: Small pieces of information, stored in simple text files, placed on your computer by a web site. Cookies can be read by the web site on your subsequent visits. The information stored in a cookie may relate to your browsing habits on the web page, or a unique identification number so that the web site can “remember” you on your return visit. Generally speaking, cookies do not contain personal information from which you can be identified, unless you have furnished such information to the web site.