Re:Link Recruitment Privacy Notice
July 2023
2. Effective date and document review
5. Defined terms used in this notice
6. Other terms with a defined meaning
7. Importance of Personal Data protection
8. Who is the controller for the Personal Data processed?
9. Collecting your Personal Data
10. What information we collect
12. Marketing and exercising your right to opt-out of marketing
13. Legal basis for using your Personal Data
14. Updating your Personal Data
15. Sharing your Personal Data
16. Securing your Personal Data
17. Retaining your Personal Data
18. Your rights in relation to your Personal Data
19. How to make a complaint about the use of your Personal Data by us
20. Your right to make a complaint to a supervisory authority
Introduction
This Privacy Notice ("notice") explains how Linklaters collects and uses Personal Data in relation to Re:link (see here for more information on the Re:link platform). It applies to processing of personal data by Re:link in connection with recruitment and marketing activities.
It is important that you read this notice together with any other notices we may provide on specific occasions when we are collecting or processing your Personal Data, so that you are fully aware of how and why we are using your Personal Data. This notice supplements the other notices and is not intended to override them.
2. Effective date and document review
This notice is version number one and is effective from 20 July 2023.
This notice will be reviewed and updated as deemed necessary to ensure it continues to be accurate and relevant. For previous versions of this notice please contact data.protection@linklaters.com.
This notice is owned by the Re:link Team and may only be updated with approval from the Regulatory Compliance Team.
(a) Should you have any questions regarding the use of your Personal Data you should contact data.protection@linklaters.com.
(b) Our Director, Global Regulatory Compliance oversees compliance with data protection within Linklaters. If you have any questions about this notice, including any requests to exercise your rights, please contact our Global Head of Regulatory Compliance using the contact details set out below:
Director, Global Regulatory Compliance
Linklaters LLP, One Silk Street, London EC2Y 8HQ
Email: data.protection@linklaters.com
Telephone: (+44) 20 7456 2000
5. Defined terms used in this notice
Privacy and data protection terms
In this notice:
“Director, Global Regulatory Compliance ” means the Global Standards for Processing Personal Data dated August 2013 (as amended from time to time, including on 21 May 2018), being the standards applicable to Linklaters entities specified in them in relation to processing Personal Data, including as regards the transfer of Personal Data out of the EEA, accessible via the Linklaters.com website (and also under this link), also referred to as “”Binding Corporate Rules”;
“European Economic Area” or “EEA” means, collectively, the member states of the European Free Trade Association and the member states of the European Union;
"GDPR" means regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data;
"Personal Data" means information about a living natural person who can be identified from the information. It includes a person’s name, opinions about an individual, images, date of birth, address, telephone number, details of family members, or any other information that could allow the person to be identified. Where applicable, references to Personal Data in this notice include references to Special Categories of Personal Data;
"Processing" means any activity carried out in relation to information including collecting, analysing, storing, transferring, amending, destroying and generally using information;
"Special Categories of Personal Data” or "Special Personal Data” (previously known as "Sensitive Personal Data") means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation;
“UK Data Protection Standard” means the UK Data Standards for Processing Personal Data executed by Linklaters in December 2020 (as amended from time to time), being the standards applicable to Linklaters entities specified in them in relation to processing Personal Data, including as regards the transfer of Personal Data out of the UK, accessible via the Linklaters.com website (and also under this link), also referred to as “UK Binding Corporate Rules”; and
“UK GDPR” means General Data Protection Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time).
6. Other terms with a defined meaning
In this notice, any reference to:
(a) "applicable laws" means any applicable law, rule or regulation, whether or not having the force of law, but if not having the force of law only if persons to whom any such law, rule or regulation is intended to apply generally comply with it; and
(b) “applicant to Re:link” means any person who provided their personal data in the recruitment process (whether directly or through a third party) and has submitted their recruitment application;
(c) “preliminary recruitment activities” means any recruitment and selection activities performed up until the formal recruitment application on the https://relink.linklaters.com/en/application-form website is submitted;
(d)“prospective applicant to Re:link” means any person who has expressed their interest in the recruitment process to Re:link or has provided personal data to Re:link for recruitment activities (whether directly, through a third party) but has not submitted their formal recruitment application on the https://relink.linklaters.com/en/application-form website;
(e) “Re:link” means the contract lawyer business of Linklaters Business Services;
(f) “Re:link lawyer candidate” means any person who has applied for a role at Re:link and has not been rejected but has not entered into the Master Services Agreement or signed the Registration Letter yet;
(g) the "firm", "Linklaters", "we" or "us" is a reference to all or any of Linklaters LLP, its affiliated firms and any other entities carrying on business outside the United Kingdom under or including the name Linklaters or under joint venture or collaboration arrangements in association with Linklaters LLP. A reference to the "firm", "Linklaters", "we" or "us" does not include the Linklaters alliance partners, however, where stated, certain provisions of this policy may apply to Linklaters’ relationship with them for example when Linklaters shares Personal Data with Linklaters alliance partners; and
(h) a "Linklaters alliance partner" means any of Allens, Webber Wentzel, Zhao Sheng, Widyawan & Partners and (the Linklaters ‘best friend’ firm) TT&A.
7. Importance of Personal Data protection
- 7.1 We recognise that the use and disclosure of Personal Data has important implications for us and for the individuals whose Personal Data we process. Most of our offices operate in countries which regulate the use, and impose restrictions on overseas transfers, of Personal Data. To ensure that we handle Personal Data properly, we have adopted a global approach to privacy compliance, as evidenced by our Data Protection Standards and UK Data Protection Standards . A copy of our Data Protection Standards and UK Data Protection Standards is available on our Privacy Portal. Alternatively, you can request a copy of our Data Protection Standards and UK Data Protection Standards at any time by contacting us at data.protection@linklaters.com.
8. Who is the controller for the Personal Data processed?
- 8.1 A “controller” is a person or organisation who alone or jointly determines the purposes for which, and the manner in which, any Personal Data is, or is likely to be, processed. This notice is issued on behalf of Linklaters as controller. Unless we notify you otherwise Linklaters is the controller for your Personal Data.
9. Collecting your Personal Data
- 9.1 The Personal Data processed by Linklaters has been, or will be, collected directly from you in order to carry out the purposes stated below at Section 11.1.
- 9.2 We can obtain information about you from public sources including services and social networks accessible on the Internet which you are using for professional networking purposes, such as LinkedIn.
- 9.3 We can also collect data from third parties when you provide your personal data to a third parties for the purpose of sharing it with us, for instance recruitment agencies and consultants may provide your personal data to us for recruitment activities.
- 9.4 We will collect data from third parties when we check your references or carry out any background checks in relation to you. If we do carry out any such checks, we will inform you during the recruitment process of the exact checks that are going to be carried out.
10. What information we collect
- 10.1 If you are a prospective applicant we may collect the following Personal Data related to you:
10.1.1 identity data such as name (including any names you may have been previously known by), title;
10.1.2 personal contact details address, telephone number and personal email address;
10.1.3 other information that you provide in your direct interactions with us for preliminary recruitment activities. Such personal data may include professional information, work experience, financial expectations, availability and any other information including those included in your CV and interview notes;
10.1.4 publicly accessible information relevant to your professional life including your contact details, work experience and qualifications obtained from professional social networks such as LinkedIn.
- 10.2 If you are an applicant to Re:link, we may collect the following Personal Data about you during the recruitment and selection process:
10.2.1 personal contact details such as name (including any names you may have been previously known by), title, address, telephone number and personal email addresses;
10.2.2 information regarding your career, including the year you first qualified, jurisdictions you are qualified to practice in and areas of expertise;
10.2.3 information submitted as part of the recruitment process including information regarding your professional qualifications, language skills, references, other information included in your CV or cover letter or otherwise provided as part of your application process, interview notes;
10.2.4 educational background;
10.2.5 information about your health, including any medical conditions, health and sickness records to the extent that you require adjustments to be made to our assessment and interview processes;
10.2.6 information regarding your right to work in the jurisdiction in which you have applied;
10.2.7 information provided by third party providers/systems on your performance on screening or selection tools such as (not exclusively) the Watson Glaser Critical Reasoning Test.
10.2.8 your marketing and communications preferences;
If you are the applicant and we extended our offer to you subject to the successful background screening checks and references checks, in addition to the above, we may also collect:
10.2.9 references from your current and any previous employers that you had over the last five years;
10.2.10 information about criminal convictions and offences committed by you;
10.2.11 confirmations of your academic and any applicable professional qualifications including via the Solicitors Regulatory Authority and/or any other appropriate regulatory body;
10.2.12 confirmation of any applicable professional qualifications including via the Solicitors Regulatory Authority and/or any other appropriate regulatory body.
- 10.3 In the context of marketing activities we may process your marketing and communications data including when you receive and read marketing communications from us, which of our events you attend and marketing and communication preferences as well as information from forms you fill in including responses to surveys and feedback provided.
- 11.1 If you are a prospective applicant to Re:link we may process your information for the following purposes:
11.1.1 to correspond with you by email or speak to you in person or over the phone in order to present your Re:link offer and provide information about Re:link opportunities;
11.1.2 to approach you with job offers and Re:link opportunities through professional social media platforms such as LinkedIn;
11.1.3 to keep track of our interactions with you in order to help us have better informed conversations with you and facilitate the recruitment process.
If we had an interaction and preliminary recruitment conversations with you, with your prior consent, we will keep your personal data for three months in order to have a better informed conversations and facilitate the recruitment process in the future.
- 11.2 If you are applicant to Re:link, in addition to the above, we can process your information for the following purposes:
11.2.1 to make decisions about your recruitment and appointment;
11.2.2 to check you are legally entitled to work in the jurisdiction in which you provide your services;
11.2.3 to assess your qualifications;
11.2.4 to conduct background screenings;
11.2.5 to consider and make any appropriate adjustments to our recruitment processes as a result of any disability you may have;
11.2.6 to deal with legal disputes;
11.2.7 where your application is successful, to carry out our obligations arising from any contracts entered into with you and to administer your ongoing relationship.
If you are an applicant and your application was declined, with you prior consent, we will keep your personal data in order to contact you if we have any suitable opportunities for you in the future.
- 11.3 If you are Re:link lawyer candidate, we can also process your information to find, make decisions about and manage placements with our clients including by speculatively sharing you CV with Re:link clients.
- 11.4 When your personal data is processed by us in the context of marketing activities, we will use your personal data in order to send you news, articles, invitations to events and other promotional materials from and about Re:link.
- 11.5 We may also reach out to you to ask you for feedback (for instance, in a survey) about our services and recruitment process, and to manage, review and act on the feedback we are getting.
- 11.6 We do not take automated decisions about you using your Personal Data or use profiling in relation to you
12. Marketing and exercising your right to opt-out of marketing
- 12.1 Additional information about the personal data we process in connection with marketing is in the marketing communications we send you.
- 12.2 We will not use your personal data to send you marketing materials if you have requested not to receive them. If you request that we stop processing your personal data for marketing purposes, we shall stop processing your personal data for those purposes.
- 12.3 We would encourage you to make such requests via links provided for that purpose in the marketing materials we send you by contacting our team at relink@linklaters.com. Such request can be made at any time free of charge.
13. Legal basis for using your Personal Data
- 13.1 Under the GDPR we are only permitted to use your Personal Data if we have a legal basis for doing so. We process the Personal Data listed in Section 10 of this notice on the basis that:
13.1.1 it is necessary in order to enter into a contract with you, including to enable us to determine whether to enter into any contract with you;
13.1.2 it is necessary to comply with a legal or regulatory obligation;
13.1.3 it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or;
13.1.4 you have consented to the processing. You can withdraw consent at any time, what will not affect the lawfulness of processing based on consent before its withdrawal.
- 13.2 In more limited circumstances we may also rely on the following legal bases:
13.2.1 we need to protect your interests (or someone else's interests).
13.2.2 it is needed in the public interest.
- 13.3 Schedule 1 of this notice provides more detail about the categories of Personal Data that we use through the recruitment and selection process and the legal basis that we rely on in each case and your rights in this regard.
14. Updating your Personal Data
- 14.1 You should let Linklaters know of any updates to your Personal Data that is held on the Re:link database. If you require the Personal Data to be updated, please email relink@linklaters.com. If we do not hear from you for a while, a member of the Re:link team may contact you to ask if there are any updates required.
15. Sharing your Personal Data
- 15.1 Your Personal Data is subject to strict access controls and authorisation procedures when we share your Personal Data internally within the firm, to ensure that your Personal Data is only accessed by those who need access in order to carry out their role. These access controls are regularly reviewed to ensure that the access remains appropriate.
- 15.2 We may also share your Personal Data with third party suppliers who are involved in data hosting and other services necessary to carry out the purposes mentioned above, including for example, recruitment agents and IT systems providers. As part of the firm’s standard sourcing policies, third party suppliers are subject to due diligence procedures, ongoing checks and audits, and appropriate contractual clauses to ensure that they have appropriate safeguards in place to protect your Personal Data and are handling your Personal Data in compliance with all relevant data protection laws and regulations.
- 15.3 Your Personal Data may be accessed by third party suppliers and individuals within Linklaters that are located outside of the EEA and UK. To ensure that your Personal Data is safeguarded, appropriate contractual clauses and mechanisms are in place with the relevant third-party suppliers located outside of the EEA and UK, and the global Data Protection Standards ensure that your Personal Data is processed appropriately. For more information on the countries to which your Personal Data may be transferred, please see our Data Protection Standards.
- 15.4 Your Personal Data will also be shared with a client if a placement is being considered, is ongoing, or has finished, for the purposes mentioned at Section 11. To ensure your Personal Data is safeguarded, appropriate contractual clauses will be agreed with the client. The client may also inform you of their own privacy notices and/or policies.
16. Securing your Personal Data
- 16.1 Linklaters takes its obligations to securely safeguard your Personal Data very seriously and implements appropriate technical and organisational precautions to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access. Linklaters does this in a number of ways including by:
16.1.1 protecting personal information held in hardcopy or electronic form;
16.1.2 ensuring that information containing Personal Data, and in particular any sensitive Personal Data, will be handled appropriately; and
16.1.3 making sure that personal information is not transferred outside the EEA without suitable safeguards.
- 16.2 Linklaters has various policies in place to ensure the security of data. All individuals who have access to Linklaters’ Personal Data must follow the guidelines set out in those policies to ensure the adequate protection of Personal Data. The Data Protection Standards are a set of firm wide binding privacy commitments that allow us to transfer Personal Data globally, within the firm’s network, in full compliance with the law.
17. Retaining your Personal Data
- 17.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for. This includes for example the purposes of satisfying any legal, regulatory, accounting, reporting requirements, to carry out legal work, for the establishment or defence of legal claims.
- 17.2 To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
- 17.3 Additional information about the retention periods is provided in the communication or documents we share with you. If you would like to know more about the retention periods we apply to your personal data, please contact us at data.protection@linklaters.com.
- 17.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
18. Your rights in relation to your Personal Data
- 18.1 You have a number of rights in relation to your Personal Data. These are as follows:
18.1.1 the right to be informed about how your Personal Data is used;
18.1.2 the right to access Personal Data;
18.1.3 the right to have inaccurate Personal Data rectified;
18.1.4 the right to have Personal Data erased in certain circumstances;
18.1.5 the right to restrict Processing of Personal Data in certain circumstances;
18.1.6 the right to data portability;
18.1.7 the right to object to Processing of Personal Data in certain circumstances, including where Personal Data is used for marketing purposes; and
18.1.8 the right to not be subject to automated decisions where the decision produces a legal effect or a similarly significant effect.
- 18.2 Schedule 1 provides more detail about the information that we use, the legal basis that we rely on in each case and your rights.
19. How to make a complaint about the use of your Personal Data by us
- 19.1 If you have any concerns or would like to make a complaint about our processing of your Personal Data, please refer to our Global and UK Data Protection Complaints Procedure, which is available on the privacy section of our website at https://www.linklaters.com/en/legal-notices/privacy-portal. You may raise your concerns with your local data protection authority directly, without going through our Global and UK Data Protection Complaints Procedure. However, we would encourage you to contact us in the first instance as we aim to promptly, efficiently and satisfactorily resolve any concerns or complaints you may have in relation to Linklaters’ processing of your Personal Data.
20. Your right to make a complaint to a supervisory authority
- 20.1 The spirit of the policy is to engage positively and to reach an understanding with the complainant without the need to escalate matters. However, if the concern cannot be resolved internally, a complainant:
20.1.1 can raise the matter with a data protection authority in a relevant jurisdiction; or
20.1.2 seek redress through local courts.
- 20.2 Linklaters has a Global Data Protection Complaints Procedure which is available to all Data Subjects. A copy of the Global Data Protection Complaints Procedure can be obtained here.