Altrix Technology Limited
PRIVACY NOTICE POLICY

Overview

Altrix (“We”, “Us”, “Our”) is a recruitment business which provides recruitment and work-finding services to its clients. Altrix must process personal data so that it can provide these services and in doing so we act as a “data controller.”

As “data controller” means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in the privacy notice.

This notice informs you of how we protect your personal data and informs you about your legal rights when we obtain your personal data, in accordance with the new General Data Protection Regulation (GDPR). This notice does not act or form part of any contract to provide you with recruitment or work-finding services.

For more information and/or to exercise any of your rights at any time you can contact Altrix:

by email: operations@Altrix.co.uk;
by phone: 020 3826 6040; or
by writing to: Altrix Technology Ltd, 16-18 Monument Street, London, EC3R 8AJ

Legal basis for processing your personal data

Most of the personal information will be collected during the registration and onboarding process, however, in order to maintain your compliance up to date and able to continue to work via Altrix, we will also be collecting additional/new information on an ongoing basis.

Altrix will collect your personal data (including sensitive personal data) via our website, mobile app, telephone, other sources including but not limited to colleagues and referee details.

We will process your personal data for the purposes of providing you with work-finding services.

Consent – Altrix holds and processes personal data by obtaining your written or verbal consent wherever possible. Consent is given to us by you, when registering with our online platform (via website and mobile app).

Legitimate Interest – where there is commercial purpose for processing your personal data. For example, where you have provided your personal data and we use this data for the purposes of securing you an interview or a placement.

We will only use your personal data for the purposes for which we collected it and in situations where the law allows us to.

Personal data we hold

The categories of personal data we may collect, and process include but are not limited to:

Identity
- Full name
- Date of birth
- Nationality/citizenship
- Sex/gender
- Marital status
- Photograph
Evidence of right to work in the UK
Contact information
- Address
- Email
- Telephone/Mobile number
- Emergency contact details (Next of kin)
Professional experience and employment history
Education history; skills and other qualifications
Financial information
Details of criminal convictions
Details of disabilities
Details of health and medical records
Referee details and information collected from your referees about you
Any additional information that you choose to tell us or is provided by a third-party source, clients, referees, others…

The holding of this data is required for us to ensure that you are suitable for opportunities being managed by us. We hold this data for the purposes of providing you with work-finding services and/or information relating to roles relevant to you.

Who will we share your data with?

Altrix will only share your personal data when necessary and where there is a legitimate reason to do so.

NHS Trusts and Altrix Clients – We will share your personal data with Trusts/clients who you request to work with, and sometimes third parties associated with those clients if consent is given.

Auditors – We may be required to share your personal data with external auditors, with whom we have a contract in place. They will not share your personal information with any organisation other than us. They will hold it securely and retain it for the period we instruct.

Data Processors – Your personal data may be transferred to other third parties acting in their capacity as data processors. We use data processors who are third parties to provide elements of service for us. We have contracts in place with our data processors to ensure they will not share your personal information with any organisation other than us and only permit them to process your personal data for specified purposes in accordance with our instructions . They will hold it securely and retain it for the period we instruct.

Other third party service providers – Your personal data may be shared with third party service providers including, but not limited to, technical support and IT contractors, Training companies, Professional Bodies, DBS services

Your data will not be shared outside of the EEA unless for a specific opportunity and with your express permission.

Sensitive data

Special category data is personal data which is of a sensitive nature. These include, but are not limited to:

Race
Ethnic origin
Politics
Religion
Trade union membership
Health
Sexual orientation

“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

Inlimited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations or exercise rights in connection with employment.
Where it is needed in the public interest, such as for equal opportunities monitoring

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

How long do we keep your personal data for?

Altrix will only keep your personal data for as long as is necessary for the purposes for which it was collected and in order to fulfil our obligations to you.

If you no longer require the services of Altrix, we will keep your personal data stored for the necessary period to comply with all and any relevant legislation at the time. Upon expiry of that period, Altrix will seek further consent from you and where consent is not granted, Altrix will cease to store and process your personal data.

How is your personal data protected?

Altrix has put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorized manner.

Additionally, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.

In case of suspected personal data breach, Altrix will notify you and any applicable regulator where legally required to.

Your rights in relation to your personal data

You have the following data protection rights:

The right to be informed about the collection and use of your personal data
The right to request access or directly access your personal data being held by Altrix
The right to rectify your personal data (if inaccurate)
The right to, in certain circumstances, request erasure of your personal data
The right to object to decision being taken by automated means
The right to restrict the process of your personal data
The right withdraw consent at any time
The right to claim compensation for damages cause by breach of the GDPR or any relevant Data Protection Law in force at the time

To exercise any of these rights, please email Operations@Altrix.co.uk. Your request will be dealt with as soon as possible and at the latest withing one calendar month of the date of the request being received. If an extension of this period is needed, we will let you know within the one-month period.

You also have the right to raise concerns at any time with the Information Commissioner’s Office on 0303 123 1113 or at https://ico.org.uk/concerns/. However, we would appreciate you give us the opportunity to deal with your concerns before you contact the ICO.

We regularly review this privacy notice and will update it where necessary. We do recommend you regularly review this privacy notice to make sure you have the most up to date information. This privacy notice was last updated on 15/12/2021.

Agreed Terms

1. Interpretation

The following definitions and rules of interpretation apply in this agreement.

2. Definitions

Access:: the provision by Altrix to You of the relevant user details including passwords, log in, usernames that You will require to be able to access The Platform.
Altrix:: ALTRIX TECHNOLOGY LIMITED incorporated and registered in England and Wales with company number 11305963 whose registered office is at IncSpaces, 16 – 18 Monument Street. London EC3R 8AJ.
Assignment:: means the acceptance and performance of Your Services for the Client for the period set out in the Shift.
Business Day:: a day other than a Saturday, Sunday or public holiday, when banks in London are open for business.
Client:: means the party that has agreed to provide the Shifts to the Platform for You to be assigned to in accordance with these terms and conditions.
Compliance Criteria:: Such compliance requirements required by the Client as notified to us from time to time that You must comply with in order to provide Your Services, including presenting to Altrix your:
– NMC pin
– DBS Certificate
– Valid photo ID
– Proof of RTW in the UK
– National Insurance
– Professional Indemnity Insurance
– Photo for ID
Details of the Shift:: all information associated with the Shift including: location, hourly rate, hours required, ward, point of contact for the shift, unique invoice reference, unique shift reference.
Engage:: the employment of You by the Client directly or indirectly other than through Altrix (whether for a definite or indefinite period) as a direct result of Altrix’s provision of You to the Client. The terms Engaged or Engagement shall be
construed accordingly.
Data Protection Legislation:: (i) the General Data Protection Regulation (EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in the UK and (ii) any successor legislation to the
GDPR or the Data Protection Act 1998.
Losses:: means all losses, liabilities, damages, costs, expenses whether direct or indirect including but not limited to: loss of profits; loss of sales or business; loss of agreements; any indirect or consequential loss; loss of or damage to
goodwill; loss of use or corruption of software, data or information.
The Platform:: Altrix’s online platform that hosts and provides the following information and services:
1) the Shift;
2) details of the Client;
3) Details of the Shift;
4) Your Profile;
5) Support.
Shift:: an available nursing shift(s) details of which the Client uploads to The Platform from time to time in accordance with the terms agreed between Altrix and the Client.
Support:: – a telephone help desk (operating 24 hours a day) to provide first-line technical support to users of the Platform to assist the Client with general enquiries;
– Remote diagnosis of any problems with the Platform and, where possible and as soon as reasonably practicable, correction of such faults.
Territory:: the United Kingdom.
Timesheet:: the document that records the number of hours worked by You at the Clients premises during an Assignment. This document must contain the unique vacancy reference number and be signed off at the end of each vacancy by the Client or
person authorised by the Client and sent to Altrix as evidence for payment of Your Fees.
Unsuitable:: means, in the opinion of Altrix and/or the Client You cease to have the appropriate skills or qualifications to comply with the Compliance Criteria or cease to hold a right to work in the Territory.
Vacancy Notice:: an Shift that is terminated by the Client must be notified to The Platform and the Nurse who has accepted the Assignment with at least 2 hours’ notice.
VAT:: value added tax chargeable under the Value Added Tax Act 1994.
You:: an individual that has agreed to these terms and conditions. Such individual has been Screened and supplied by Altrix to The Platform to provide the services for the Client as advertised in the Shift. Your/Yours shall be construed
accordingly.
Your Fees:: the fees payable to You by Altrix for Your Services provided during the Assignment as set out in the Shift. The currency of your fees will be pounds sterling.
Your Profile:: your user profile that is available once you have Access to the Platform. Your profile can be viewed by You and Altrix only, unless Altrix is audited by the Client whereby Altrix will conform with clause 13. Your profile will contain:
a) your Compliance Criteria information and Screening information;
b) your Timesheets;
c) your Assignment history;
d) your Payment history;
Your Services:: means the band 5 nursing services required and performed by You during each Assignment.

A reference to writing or written includes email subject to satisfactory proof of dispatch to the correct address but not fax.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

3. Altrix’s obligations

Altrix shall:
1. Provide You with Access to the Platform and Support.
2. Use reasonable endeavours to promptly pay Your fees in accordance with clause 5.
3. Use all reasonable endeavours to ensure the availability of The Platform (save that (i) Altrix makes no representation as to minimum uptime of the Platform, and (ii) nothing shall prevent Altrix from carrying out necessary
  development, remedial or maintenance work in respect of the Platform, albeit Altrix will endeavour to provide You with reasonable notice of any such works).
Altrix makes no representation to the Client as to (i) the suitability of You for any Shift, and/or (ii) Your clinical ability.
Altrix makes no representation to You as to: (i) the Client, and/or (ii) the suitability of the Client for You, and/or (iii) the suitability of the Shift for You.

4. Your obligations

You shall:

Co-operate with Altrix in all matters relating to this agreement.
Only use the Platform in connection with a Shift, including trying to find a Shift;
Not use the Platform to do anything for which the Platform is not designed, or would be unlawful or improper. Ensure the correct and proper use of The Platform at all times.
Not share Your Access details with anyone else without written consent of Altrix.
Ensure the details, documents and certificates requested by Altrix are complete, valid, accurate and not misleading;
Promptly deal with the expiry of any of the Compliance Criteria documents when notified by the Platform and notify Altrix immediately without delay if You become aware of your Unsuitability or become subject to any inquiry,
investigation or proceedings that may lead to your Unsuitability.
Take out and maintain adequate insurance for Your Services at the Client’s premises during each Assignment;
Attend any Assignment that You accept on the Platform,
In the event You become aware that You will not be able to attend the Assignment for whatever reason, immediately register your inability to attend on the Platform.
Ensure you present Your Timesheet to the Client promptly at the end of each Assignment. Altrix cannot arrange payment of Your Fees without this.
Cooperate with the Client in relation to the provision of Your Services and comply with any policies and/or procedures that the Client has and informs you of.
Provide Your Services with reasonable diligence, skill and care.
Immediately notify Altrix of any Engagement you receive from the Client during the course of an Assignment or whilst you have Access to Altrix.
Comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010.

5. Fees, Payment and Vat

At the end of each Assignment You will provide Altrix with Your Timesheet that has been approved, in writing, by the Client.
Altrix will use reasonable endeavours to arrange for Your Fees to be paid in full cleared funds, into the Umbrella Company’s bank account You have specified in Your Profile within 24 hours of receiving approved Your Timesheet.
Altrix will not be responsible for any errors in the information You have provided that may cause delays in payment of Your Fees.
You understand that Altrix will not be in a position to pay Your fees without an approved Timesheet that has been signed off by the Client.
For the avoidance of doubt, no fee shall be payable in accordance with this agreement in respect of any period during which Your Services are not provided.
If you dispute the amount paid by Altrix in relation to any Assignment you must notify Altrix within 7 days of receiving Your Fees and You will cooperate with any request by Altrix for any information relating to the Assignment that
it may require to investigate any disputed payment.
Altrix will not be responsible to You or any third party for any delay in paying Your Fees where the reason for the delayed payment is beyond Altrix’s control.
Time for payment of Your fees will not be of the essence.
You will bear your own expenses incurred in the course of an Assignment unless an expense(s) has been agreed in advance by the Client and recorded on your Timesheet.

6. Status

This agreement is not a contract of employment.
The relationship of You to Altrix and/or the Client will be that of an independent self-employed contractor and nothing in this agreement shall render You an employee, worker, agent or partner of Altrix and/or the Client and You shall
not hold yourself out as such.

7. Term

These terms shall apply to each and every occasion on which You use the Platform. Each Assignment shall constitute a separate and divisible contract.

8. Default and early termination

Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other if:
1. either party commits a material breach of any term of this agreement and (if such a breach is remediable) fails to remedy that breach within 10 Business days of receipt of notice in writing to do so.
Without affecting any other right or remedy available to You, You may terminate this agreement with immediate effect by giving written notice to Altrix if:
1. Altrix fails to pay any amount due under this agreement on the due date for payment and remains in default more than 14 days after being notified in writing to make such payment.
2. Altrix is dissolved, a petition is made to wind up Altrix, Altrix suspends or threatens to suspend payment of its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its
  debts within the meaning of section 123 of the Insolvency Act 1986 or Altrix ceases to carry on its business.
Without affecting any other right or remedy available to it, Altrix may terminate this agreement with immediate effect by giving written notice to You if:
1. You become Unsuitable for Your Services;
2. It comes to Altrix’s attention that You have previously failed to attend an Assignment once accepted more than twice in the previous three calendar months;
3. The Client ends the Assignment with You because, in the Client’s reasonable opinion, You are not performing Your Services with reasonable, diligence, skill and care, including but not limited to complying with any of the
  Client’s policies or procedures.

9. Consequences of termination

On termination or expiry of this agreement:
1. Altrix shall pay to You your due but outstanding unpaid fees (if any) in respect of Your Services save in circumstances whereby the Assignment has been terminated by us pursuant to clause 8.1.1 or 8.3.;
2. Altrix will disable Your Access to The Platform.
Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any
breach of the agreement which existed at or before the date of termination or expiry.

10. Liability and insurance

Nothing in this agreement shall limit or exclude either parties liability for death or personal injury caused by its negligence, and/or for fraud or fraudulent misrepresentation.
Subject to clause 10.1, Altrix will not be liable to You whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for any Losses caused by the
actions of anyone other than Altrix.
Subject to clause 10.1 and 10.2 Altrix’s total liability to You arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the
lesser of (i) the insurance cover it has obtained in respect of its own legal liability, and (ii) the aggregate of Your Fees paid by Altrix to You in the 12-month period (or part thereof) prior to the occurrence of the issue giving
rise to the liability.
You shall indemnify Altrix for all Losses suffered as a result of Your actions that are in contravention of these terms or in breach of any applicable law or regulatory rules to which You are subject.
You shall maintain adequate insurance(s) at all times in respect of Your Services.

11. Intellectual property rights

Altrix grants to You a non-exclusive, nontransferrable licence to use the Platform solely in connection with this agreement.
All intellectual property rights in or arising out of or in connection with the Platform or otherwise under this agreement (other than intellectual property rights in any materials provided by You) will be owned by Altrix.
You agree to grant Altrix a fully paid-up, nonexclusive, royalty-free, non-transferable licence to copy and modify any materials provided by You to Altrix for the term of this agreement for the purpose of providing the Services to
You.

12. Confidentiality

Each party undertakes that it shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs,
customers, clients or suppliers of the other party except as permitted by clause 12.2.
Each party may disclose the other party’s confidential information:
1. to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers,
  representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and
2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
No party shall use any other party’s confidential information for any purpose other than to perform its obligations under or in connection with this agreement.
You will comply with all of the Client’s terms and conditions relating to confidential information.

13. Data protection

Altrix will collect and process information relating to You in accordance with its privacy policy and notice in force from time to time.
The parties agree that for the purposes of the Data Protection Legislation, Altrix is the data controller and processor.
Altrix shall, in relation to any Personal Data (as defined in the Data Protection Legislation) processed in connection with the performance of this agreement:
1. process that Personal Data only on the written instructions of you, unless Altrix is required by any applicable laws to otherwise process that Personal Data.
2. ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data
  appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected.
3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.
4. not transfer any Personal Data outside of the European Economic Area unless Your prior written consent has been obtained.
5. Notify You without undue delay on becoming aware of a Personal Data breach;
6. Upon a request from You in writing, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data;
7. Maintain complete and accurate records and information to demonstrate its compliance with this clause 13;
8. Indemnify You against any loss or damage suffered by You in relation to any breach by Altrix of its obligations under this clause 13.
9. You consent to Altrix appointing the Client as a third-party processor of Personal Data under this agreement. Altrix confirms that it has entered into a written agreement with the Client incorporating terms which are
  substantially similar to those set out in this clause 13.

14. Notices

A notice given to a party under or in connection with this agreement shall be in writing and shall be:
1. delivered by hand or by pre-paid firstclass post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
Any notice or communication shall be deemed to have been received:
1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service;
3. if sent by email, at 9.00 am on the next Business Day after transmission following receipt of satisfactory proof of dispatch.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

15. General

This agreement is personal to the parties and neither party may, without the prior written consent of the other assign, subcontract, novate, transfer or deal in any other manner with all or any of its rights or obligations under this
agreement.
Each right or remedy of the parties under this agreement is without prejudice to any other right or remedy of that party whether under this agreement or not.
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its
reasonable control.
This agreement constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
Both parties acknowledge that, in entering into this agreement it does not rely on any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly set out in this
agreement.
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties.
If any provision of this agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such
illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of this agreement and the remainder of such provision shall continue in full force and effect.
Failure or delay by a party in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of its rights under this agreement.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
The parties to this agreement do not intend that any term of this agreement shall be enforceable by virtue of this agreement (Rights of Third Parties) Act 1999 by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of this agreement and any and all matters relating to it shall be governed by English law and the parties submit to the exclusive jurisdiction of the
English courts.

16. Agency Worker Regulations

The Agency Worker Regulations (AWR) was established to give agency workers the right to the same basic employment and working conditions as if they had been recruited directly by a company.

From Day 1 of a placement you are automatically entitled to have access to collective amenities and facilities, such as a staff canteen or car parking (unless there are particular circumstances where these cannot be made available). The organisation is also required to give you access to information for relevant job vacancies within the company. If you have any queries relating to what is available, please contact your recruitment consultant.

After you have worked in the same role with the same client for 12 weeks, you will qualify for equal treatment in respect of pay and basic working conditions, including annual leave, as if you were directly employed by the client. You can accumulate these weeks even if you only work a few hours a week. However, if you start a new assignment with the same employer which is substantially different or there is a break of six calendar weeks in the same job then the ‘qualifying clock’ is reset. If your role substantially changes, your recruitment consultant will inform you of your new duties.

Whenever you are booked in to a job, we will ask you about any previous shifts you have worked with the client in order for us to monitor the 12 week qualifying period for you and to help establish when you are entitled to equal treatment.

There is more detailed information available on the direct.gov web site:
www.gov.uk/agency-workers-your-rights/overview

17. Consent

As part of the onboarding process, Altrix will conduct an interview to assess the candidate’s clinical competency. In case of interview conducted remotely, Altrix will set up a video call between the candidate and the interviewer. This call will be recorded, and the video will be kept in the candidate’s file as evidence of interview completed.

During onboarding, Altrix may be required to share the personal details and/or documents that you have provided to us, so that we can validate their authenticity.

By registering with Altrix you consent to the remote interview terms and to us carrying out such checks, which include but are not limited to:

Professional body registration
Proof of ID
Proof of Right to work in the UK
Employment references
Training verification
Criminal record (including new DBS application when necessary)
Professional qualifications
Work health assessments
Proof of Indemnity Insurance

In certain circumstances it may also be necessary to share your data, however Altrix will only share your personal data where there is a legitimate reason to do so.

NHS Trusts and Altrix Clients: We will share your personal data with Trusts/clients who you request to work with, and sometimes third parties associated with those clients, but only with your permission.

Data Processors: Your personal data may be transferred to other third parties acting in their capacity as data processors. We use data processors who are third parties to provide elements of service for us. We have contracts in place with our data processors. They will not share your personal information with any organisation other than us. They will hold it securely and retain it for the period we instruct.
Auditors: We may be required to share your personal data with external auditors, with whom we have a contract in place. They will not share your personal information with any organisation other than us. They will hold it securely and retain it for the period we instruct.
Relevant regulatory authorities.
Other third parties where required by law.

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Altrix Technology Limited PRIVACY NOTICE POLICY