Privacy Policy

1. About this Privacy Policy

New Millennia Payroll Services Limited (a New Millennia Group company) (we, us, NM) provides payroll and administration services to employment businesses (Agencies), who engage and provide the services of workers (Workers) to a third party (the Hirer).

This privacy policy is designed to give you, the Worker, information as to how we will obtain and process personal data relating to you in connection with the services we provide to the Agency which has engaged you. It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you.

We will process your personal data as a “data controller”. This means that we have responsibility (on our own or acting jointly with another party) for deciding how we hold and use personal data relating to you. NM is committed to protecting and respecting your privacy.

Your Agency will also be processing your personal data as a data controller. We do not control how your Agency processes your personal data and are not responsible for its privacy policies or fair processing notices. We encourage you to obtain and read your Agency’s privacy policies and fair processing notices which apply to the use of your personal data.

2. Who we are and how to contact us

New Millennia Payroll Services Limited is a limited company registered in England and Wales under company number 04254121 and has its registered address at Third Floor Eastgate Building, Castle Street, Manchester, M3 4LZ.

To contact us, please email dataprotection@nmgroup.co.uk or telephone us on 0161 337 9882. Alternatively, you may contact our Data Protection Officer, Sam Neill, at Third Floor Eastgate Building, Castle Street, Manchester, M3 4LZ.

3. The data we collect and process about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data including name, title, date of birth, nationality, gender and other information contained in identity documents (such as passports).

 

• Contact Data including postal address, email address and telephone numbers.

 

• Job Data including job history and information relating to placements via the Agency and hours worked.

 

• Worker Status Data including visa information and information relating to your right to work in the UK.

 

• Payroll and PAYE Data information relating to payroll payments made or due to be made to you, such as bank details, information relating to your hours worked, rate of pay, tax code, unique tax reference number in connection with Construction Industry Scheme tax deductions (if applicable), National Insurance code and deductions, pension contributions, and accrued holiday pay.

We may also obtain, store and use information about your health, including medical conditions, and sickness records (which constitutes “special categories of personal data”) as may be provided to us in connection with sickness absence.

We may collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

4. How we collect personal data

We may obtain personal data about you from your Agency, the Hirer, directly from you, or in the course of providing our services to your Agency or the Hirer, including Identity data, Contact Data, Job data, Worker Status data, Payroll and PAYE data (as described above).

We may also receive personal data about you from third parties as follows:

• Payroll and PAYE data from HMRC.

 

• Name and hours worked from any intermediary which you have engaged to provide payment services.

You may also directly inform us of a change of details.

5. How and why we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

 

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

 

• Where it is necessary to comply with a legal or regulatory obligation that we are subject to. For example, if we are your ‘employer of record’ (on your payslips and P45 forms), this will give rise to certain legal obligations that we must comply with and which will require us to process your personal data.

Generally we do not rely on consent as a legal basis for processing your personal data.

We have set out in the table below a description of all the ways we plan to use your personal data, and the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground applies.

 

Purpose/Activity	Types of data	Lawful basis for processing including basis of legitimate interest
Setting you up as a new Worker on our systems	Identity Data, Contact Data, Job Data, Worker Status Data, Payroll and PAYE Data.	·         Compliance with a legal obligation·         Necessary for the performance of a contract with you
Invoicing the business that you have undertaken work for	Name and hours worked	·         Necessary for the performance of a contract with you
Making payment to you, preparing and sending payslips, preparing and sending sub-contractor statements, preparing and providing to your Agency payroll checklists	Identity Data, Contact Data, Job Data, Payroll and PAYE Data	·         Necessary for the performance of a contract with you
Issuing P45 forms to you	Identity Data, Contact Data, Job Data, Payroll and PAYE Data	·         Compliance with a legal obligation
Preparing and providing to your Agency reports and statements	Name, pay breakdown, where you have worked	·         Necessary for our legitimate interests (or those of a third party) (required for the purposes of the arrangements we have in place with the Agency)
Calculating and processing payments of National Insurance and PAYE income tax (and preparing for HMRC a weekly report setting out real time information relating to your National Insurance and PAYE deductions), and if you work in the construction industry, calculating your CIS deductions and preparing and providing to HMRC monthly CIS reports which show the amount of your CIS deductions	Payroll and PAYE data, Identity Data	·         Compliance with a legal obligation
Assessing whether you qualify for auto enrolment, processing payments to your pension provider(s)	Identity Data, Contact Data, Job Data, Worker Status Data, Payroll and PAYE Data	·         Compliance with a legal obligation·         Necessary for the performance of a contract with you
Notifying NEST of amounts deducted from your pay in respect of pension contributions	Identity Data, Payroll and PAYE Data	·         Legal obligation
Recording telephone calls with you	This will involve any personal data disclosed within the call	·         Legitimate interests – provision of training for our staff, confirming the identity of callers, and dealing with complaints and queries received from you.·         For the establishment, exercise of defence of legal claims.

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. How we use more sensitive data

We may process information about your health, including medical conditions, and sickness records (which constitutes “special categories of personal data”) as may be provided to us in connection with sickness absence. We will use this for payroll purposes and processing statutory sick pay. This is required in order to carry out legal obligations under employment law.

7. Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

8. If you fail to provide personal data

Where we need to collect personal data by law or in order to perform a contract to which you are a party, and you fail to provide that data when requested, we may not be able to perform the contract. In this case, we (or your Agency) may have to cancel the contract, but we will notify you if this is the case at the time.

9. Disclosures of your personal data

We may share personal data with your Agency (acting as a controller) or the Hirer (acting as a controller) through whom you have been engaged to provide the Services.

We may share personal data with the third parties set out below:

• name and hours worked will be disclosed to any intermediary that you have engaged to provide payment services (acting as a data controller);

 

• third party service providers who we have engaged in connection with the operation of our business, including providers of IT and software systems that we use and hosting providers, and third parties to whom we have outsourced services, such as HR support.

We may also share your personal data with the following third parties:

• to professional advisers (who may be acting as a controller) including lawyers, bankers, auditors and insurers in connection with the provision of consultancy, banking, legal, insurance and accounting services to us;

 

• to HM Revenue & Customs, NEST, regulators and other authorities (acting as a controller) who require reporting of processing activities in certain circumstances;

 

• to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

We require all our data processors to respect the security of your personal data and to treat it in accordance with the law. We do not allow our data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

10. International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

11. Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

12. Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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.

We will normally keep information relating to you for seven years after we cease providing our services to you, for the purposes of record keeping and complying with our legal obligations. In some circumstances, you can ask us to delete your data (see section 13 below).

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.

13. Your rights in respect of your personal data

Under the General Data Protection Regulation, you have certain rights in respect of the personal data that we process about you (where we determine the purpose and means for which that personal data shall be processed):

• the right to request access to the personal data that we hold about you and how we process it;

 

• you may have the right in accordance with applicable data protection law to have personal data we hold about you rectified or restricted;

 

• you may, in some circumstances, have the right to have personal data we hold about you deleted (although note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request);

 

• in some circumstances, you may have the right to receive or ask for your personal data to be transferred to a third party;

 

• you have the right to object to how we process your personal data where that processing is based upon legitimate interests and there are no compelling grounds for the continued processing of that data;

 

• where we are processing personal data relating to you on the basis that we have your consent to do so, you may withdraw your consent at any time (this will not affect the lawfulness of any processing carried out before you withdraw your consent). If you withdraw your consent, we may not be able to provide certain products or services to you.

If you wish to exercise any of the rights set out above in respect of your personal data, please contact us at dataprotection@nmgroup.co.uk.

We may ask you to verify your identity if you make a request to us to exercise any of the rights set out above. We may also contact you to ask you for further information in relation to your request to speed up our response. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

14. Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.