Introduction

This Privacy Policy explains what we do with your personal data, whether we are in the process of helping you find a job; continuing our relationship with you once we have found you a role; providing you with a service; receiving a service from you; using your data to ask for your assistance in relation to one of our candidates; or you are visiting our website.

It describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.

This Privacy Policy applies to the personal data of our website users, candidates, clients, suppliers, and other people whom we may contact in order to find out more about our candidates or whom they indicate is an emergency contact. It also applies to the emergency contacts of our staff.

For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"), the company responsible for your personal data is Peak Performance Recruitment Ltd in Ireland and Peak Performance Recruitment Aviation Ltd in the UK.

This Privacy Policy will be reviewed on a regular basis to make it better and to protect you more.  The latest version of the Privacy Policy will be on the company website.

This Privacy Policy applies in relevant countries throughout our international network.

What kind of personal data do we collect?

Candidate Data (Job Seekers)

To provide the best possible employment opportunities that are tailored to you, we need to process certain information about you. This information enables us to fulfil our duties to you as a recruitment specialist and ensures that we maintain a high calibre relationship as we help you.   The list of information we may gather is below:  

• Name;
• Photograph if available on Linked-In or the public domain;
• Contact details;
• Education details;
• Employment history;
• Referee details;
• Immigration status (whether you need a work permit);
• Nationality/citizenship/place of birth;
• A copy of your qualifications required for specific jobs, driving licence and/or passport/identity card;
• Details about your current remuneration, pensions and benefits arrangements;
• Information on your interests and needs regarding future employment, both collected directly and inferred, for example from jobs viewed or articles read on our website;
• Additional information that you choose to tell us;
• Additional information that your referees chose to tell us about you;
• Additional information that our Clients may tell us about you, or that we find from other third-party sources such as job sites;
• When necessary, bank details

Please note that the above list of categories of personal data we may collect is not exhaustive.

To the extent that you access our website we will also collect certain data from you when you complete the information to get our Candidate Newsletter, Client Newsletter or apply for jobs.   

Client Data

If you are a customer, we need to collect and use information about you or the individuals at your organisation, while providing you services such as:

• finding candidates who are the right fit for you or your organisation;
• notifying you of when we are attending conferences, presenting candidates and relevant sector information;
• notifying you of content published by Peak Performance Recruitment which is likely to be relevant and useful to you such as salary surveys or market trends;

The data we collect about clients includes the following

• Contact details of individuals within your company;
• Information on the company which includes keeping notes and records of and related to our conversations, meetings, registered jobs and placements.
• Information relating to online engagement with candidate profiles which we use to ensure our marketing communications are relevant and timely.
• Information that someone in your organisation has chosen to share with us.
• When necessary, bank details.

Supplier Data

We need contact details of relevant individuals at your organisation to ensure our relationship runs smoothly. We’ll collect contact details such as

• Contact details – names, telephone numbers and email addresses;
• Bank details – to pay for the services you provide.

Referees & Emergency Contact Details

We collect contact information for referees which candidates and staff provide to us.  The information we collect from referees is:

• Contact details - names, telephone numbers and email addresses;
•  Information about their knowledge of a candidate or prospective member of staff, to help them secure the role they are being considered for.

In addition, we have the emergency contact details of people provided by our staff. 

How do we collect your personal data?

Candidate Data

There are two main ways in which we collect your personal data:

1. Directly from you; and

2. From third parties.

Personal data you give to us

Peak Performance Recruitment needs to know certain information about you in order to provide a tailored service. This will enable us to provide you with the best opportunities.  You can share information with us as follows:

• Entering your details on our website when registering for a newsletter;
• Emailing your CV to a Peak Performance Recruitment staff member or being interviewed by them;
• Applying for jobs through a job aggregator, which then redirects your email to a staff member of Peak Performance Recruitment via our website;

Personal data we receive from other sources

We may also receive personal data about candidates from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:

• Your referees may disclose personal information about you;
• Our clients may share personal information about you with us;
• We may obtain information about you through searching for potential candidates from third party sources, such as LinkedIn, public websites, industry membership lists, conference attendee lists and other job sites;
• If you were referred to us through another candidate or client.

Personal data we collect automatically

To the extent that you access our website or read or click on an email from us, we may also collect your data automatically or through you providing it to us.

Client Data

There are two main ways in which we collect your personal data:

1 Directly from you; and

2 From third parties (e.g. our candidates) and other limited sources (e.g. online and offline media).

Personal data that we receive directly from you

Our aim is to provide you with a high-quality service and help you secure the best staff for your organisation. We will receive data directly from you in two ways:

• Where you contact us proactively, usually by phone or email; and/or
• Where we contact you, either by phone or email, or through our consultants' business development activities more generally.

Personal data we receive from other sources

Where appropriate and in accordance with any local laws and requirements, we may seek more information about you or your colleagues from other sources generally by way of due diligence or other market intelligence including:

• From third party market research and by analysing online and offline media;
• From industry membership lists, delegate lists at relevant events; and
• From other limited sources and third parties (e.g. from our candidates to the extent that they provide us with your details to act as a referee for them).

Personal data we collect via our website

To the extent that you access our website or read or click on an email from us we may also collect your data automatically or through you providing it to us.

Supplier Data

We collect your personal data during our work with you.

Referees & Emergency Contact Details

We collect your contact details only where a candidate or a member of our staff puts you down as their emergency contact or where a candidate gives them to us in order for you to serve as a referee.

Google Analytics

We use Google Analytics to measure and evaluate access to and traffic on the Peak Performance Recruitment website and create user navigation reports for our Site Administrator. Google operates independently to us and has its own privacy policy. Google may use the information collected through Google Analytics to evaluate visitors’ activity on our website. For more information, see Google Analytics Privacy and Data Sharing policy. You may opt out from the collection of navigation information about your visit to the Peak Performance Recruitment website by Google Analytics by using the Google Analytics Opt-out feature

How do we use your personal data?

We are an Executive Recruitment company whose core business is to:

1. Work with clients to source candidates who are an ideal fit for their organisation and to provide consultancy services such as salary benchmarking and role definition, which help clients identify their employment needs.
2. Work with candidates to help them secure their next ideal role. Our Candidate Charter outlines the recruitment process and how we process your information:

The table below shows the main ways in which we process information and the legal basis for that processing.

Legitimate Interest Explanation

Article 6(1)(f) of the GDPR says that we can process your data where it "is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data."

The processing of information which we have classed as a legitimate interest, we believe helps us offer you as client, candidate or supplier the best service possible.  If you are looking for employment, or for employees, we think it is reasonable for us to collect personal data which will allow us to offer or provide our recruitment services.   We also want to provide you with tailored job recommendations and relevant articles to read to help you on your job hunt. We therefore think it's reasonable for us to process your data to make sure that we send you the most appropriate content.

Consent Explanation

Article 4(11) of the GDPR states that (opt-in) consent is "any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her."

Once we have progressed from the first few steps in the recruitment process of searching, identifying and matching skills, we will then move to a level of consent or contractual agreement.

1. Candidates - It is important to us a company that you have control over who is receiving your information, therefore at the recruitment process stage where a CV is being forwarded to a client we will seek your consent.   You need to take positive and affirmative action in giving us your consent – we're likely to provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion, which will subsequently be recorded on our database.
2. Clients – We will ask clients to sign Terms of Business when we have been officially engaged on recruitment for a vacancy.

Who do we share your personal data with?

Sharing of Candidate Information

Peak Performance Recruitment works with organisations who are located throughout the world.  Therefore, the information we hold may be transferred to organisations outside of the EU.   As per our Candidate Charter, your CV and information about you relating to a specific role will not be forwarded to a client without having first gained your permission, either verbally or by email.  As a candidate you will therefore be aware of the company who is receiving your information and the jurisdiction in which they reside. 

Some of these jurisdictions require different levels of protection in respect of personal information, and in certain instances, the laws in those countries may be less protective than the jurisdiction you are typically resident in.   We will take all reasonable steps to ensure that your personal information is only used in accordance with this Privacy Notice.  Our terms of business, signed by our clients will reference our Privacy Notice and clearly state the obligations under GDPR, which our company abides by and which our clients need to be aware of when processing candidate’s information. 

Business Functions

We employ third party companies to process personal information for business functions, including cloud hosting, recruitment specific database, legal, accounting and marketing.   We only provide these companies with the information they need to be able to perform their services.

Marketing – we use an online marketing platform, which adheres to the regulations set out in the General Data Protection Laws. 

If Peak Performance Recruitment merges with or is acquired by another company in the future, we may share your personal data with the prospective owner of the business. 

How do we safeguard your personal data?

We have implemented a range of measures at an Organisational, Technical and Staff level to protect the personal information which is held by our Company.  The details of which are set out in the Company’s Information Protection Policy.

How long do we keep your personal data for?

To make sure we meet our legal data protection and privacy obligations, we will only hold your information for as long as we need it for the purposes we acquired it for in the first place.  In most cases this means we will keep your information for as long as you continue to use our services and for a reasonable period afterwards.  We have drawn up a data retention policy where the length by which we hold your information relates to the average tenure of the roles we have been working with you on. In summary we shall keep your information as follows, subject to an individual’s right to be forgotten at any time:

How can you access, amend or take back the personal data that you have given to us?

One of the GDPR's main objectives is to protect and clarify the rights of EU citizens and individuals in the EU with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us.  There rights are outlined below. 

With regards to these requests the following will apply:

1. we may ask you to verify your identity, or ask for more information about your request;
2. we will respond to your request within 30 days (although we may be allowed to extend this period in certain cases)
3. where we are legally permitted to do so, we may decline your request, but we will explain why if we do so.  Predominately they will be according the possible grounds
   1. to exercise the right of freedom of expression and information;
   2. to comply with legal obligations or for the performance of a public interest task or exercise of official authority;
   3. for public health reasons in the public interest;
   4. for archival, research or statistical purposes; or
   5. to exercise or defend a legal claim.

Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. This right enables you to object to us processing your personal data where we do so for one of the following four reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials; and (iv) for scientific, historical, research, or statistical purposes.

The "legitimate interests" and "direct marketing" categories above are the ones most likely to apply to our Website Users, Candidates, Clients and Suppliers. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:

1. we can show that we have compelling legitimate grounds for processing which overrides your interests; or
2. we are processing your data for the establishment, exercise or defence of a legal claim.

If your objection relates to direct marketing, we must act on your objection by ceasing this activity.

Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example, for profiling your suitability for certain roles), or consent to market to you, you may withdraw your consent at any time.

Data Subject Access Requests (DSAR): You have the right to ask us to confirm what information we hold about you at any time and you may ask us to modify, update or delete such information.  If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive". If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible.

Right to restrict processing: You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise or defence of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest. The circumstances in which you are entitled to request that we restrict the processing of your personal data are:

1. where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;
2. where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;
3. where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and
4. where we have no further need to process your personal data, but you require the data to establish, exercise, or defend legal claims.

Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.

Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. If we do agree to your request, we will delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimise the chances of you being contacted in the future where your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.  When complying with a valid request for the erasure of data we will take all reasonably practicable steps to delete the relevant data

Right of data portability: You have the right to transfer your data from us to another data controller. We will help with this – either by directly transferring your data for you, or by providing you with a copy in a commonly used machine-readable format.

Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with your local supervisory authority, details of which can be found here.

If your interests or requirements change, you can unsubscribe from part or all of our marketing content by clicking the unsubscribe link in the email.

If you would like to exercise any of these rights or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data) please contact: oonagh@aircraftleasing.ie.   Please note that we may keep a record of your communications to help us resolve any issues which you raise.

Annex 1 – How to Contact Us?

• Ireland - 151 Rathmount, Blackrock, Co Louth, A91 AE22

• UK - 54 Ashgrove Road, Newry, Co.Down, BT34 1QN
• Alternatively, you can send an email to: oonagh@aircraftleasing.ie

How you can get in touch with us to update your marketing preferences?

• By clicking the unsubscribe link in any marketing e-mail we send to you. 

Annex 2 – How to Contact your local supervisory authority?

Ireland: The Office of the Data Protection Commissioner.

• Phone: (+353) 57 8684800 or (+353) (0)761 104 80 or 1890 252 231 (Local)
• Email: info@dataprotection.ie
• Post: 21 Fitzwilliam Square, Dublin 2, D02 RD28, Ireland

UK:  Information Commission Office

•  www.ico.org.uk
• Helpline - 0303 123 1113

Glossary

Candidates – includes applicants for all roles advertised or promoted by Peak Performance Recruitment, including permanent, part-time and temporary positions; as well as people who have supplied a speculative CV to Peak Performance Recruitment not in relation to a specific job. Individual contractors, freelance workers and employees of suppliers or other third parties put forward for roles with Peak Performance Recruitment, or otherwise will be treated as candidates for the purposes of this Privacy Policy.

Clients - covers our customers, clients, and others to whom Peak Performance Recruitment provides services in the course of its business.

Delete – while we will endeavour to permanently erase your personal data once it reaches the end of its retention period or where we receive a valid request from you to do so, some of your data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists on an archive system, this cannot be readily accessed by any of our operational systems, processes or Staff.

General Data Protection Regulation (GDPR) – a European Union statutory instrument which aims to harmonise European data protection laws. It has an effective date of 25 May 2018.

Staff – includes employees and interns engaged directly in the business of Peak Performance Recruitment (or who have accepted an offer to be engaged) as well as certain other workers engaged in the business of providing services to Peak Performance Recruitment (even though they are not classed as employees).

Suppliers – refers to partnerships and companies (including sole traders), who provide services to Peak Performance Recruitment. In certain circumstances Peak Performance Recruitment will sub-contract the services it provides to Clients to third party suppliers who perform services on Peak Performance Recruitments' behalf. Please note that in this context, Peak Performance Recruitment requires Suppliers to communicate the relevant parts of this Privacy Policy (namely the sections directed at Candidates) to their employees.

Website Users - any individual who accesses any of our websites.