Privacy Policy - Introducing 5&2 Education

Purpose of this privacy notice

Under UK data protection law, individuals have a right to be informed about how our company uses any personal data that we hold about them. We comply with this right by providing ‘privacy notices’ (sometimes called ‘fair processing notices’) to individuals/companies/schools where we are processing their personal data. This privacy notice explains how we collect, store and use personal data about individuals/companies working with our organization.

This privacy notice aims to give you information on how 5 and 2 Education collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up as a member or partner, supply or receive goods or services to us or from us.
You must read this privacy notice 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 so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to supersede them.
We do not knowingly collect data relating to children and this website is not intended for their use.

Who we are

5 and 2 Education is committed to protecting your personal data and respects your privacy. This privacy notice will inform you as to how we look after your persona data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Controller

5 and 2 Education Limited (We, the company, us, our Company Number …..) is a recruitment business that provides opportunities to place workers in the right settings. We also help schools and organisations find the right candidates for the roles within their organisations. We must process data including Special Category data so that these services can be provided; in doing so we act as a data controller.
You may give your personal details to us through an application form, registration form or via our website or we may also collect your data from a jobs board.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Why we collect your personal data and how we use it

Legal Basis for Processing and Purpose

We only process your personal data where we have a lawful basis to do so under UK GDPR:

Consent – You have given clear consent for us to process your personal data for a specific purpose.
Contract – The processing is necessary for a contract we have with you.
Legal obligation – We must comply with the law.
Legitimate interests – For business interests not overridden by your rights and freedoms.

Where consent is required (e.g. for email marketing or non-essential cookies), we will obtain it explicitly and you can withdraw it at any time.

How we use your personal data

Most commonly, we will use your personal data in the following circumstances:

Provide, manage, and improve our work finding services to you.
Process payments and deliver services or products.
Communicate with you (e.g., service updates, account information).
Deliver personalised content and marketing (if you consent).
Maintain our website and digital security.
Comply with legal obligations (e.g., HMRC reporting, law enforcement requests).

Contractual and statutory requirements

We have a certain contractual and legal requirement to collect personal data. This may include and is not limited to:

Tax legislation and immigration
Comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003
Carry out pre-engagement vetting checks, including but not limited to:

Verify your right to work
Comply with the Education (Health Standards) (England) Regulations 2003 to verify your suitability to work in regulated activity with children
Comply with the Department for Education statutory guidance (Keeping Children Safe in Education) to verify the physical and mental capacity for all staff that work with children.
Comply with the Safeguarding Vulnerable Groups Act 2006

Who we will share your data with to comply to legislation/contractual or other procedures

We will process your personal data and/or Special Category personal data with the following recipients:

Named individual you provided for seeking a reference from
Former employers whom we may seek references from
Clients (whom we may introduce or supply you to)
Payroll service providers who manage payroll on our behalf or other payment intermediaries whom we may introduce you to
Your umbrella company (if you have chosen to use this option)
HMRC for audit purposes and the provision of employment and payroll information
Pension providers
GOV.UK, the Disclosure and Barring Service and Department of Education for performing criminal records update checks, qualification checks, teacher sanction and restriction checks and the overall protection of vulnerable groups
Third parties which provide, host and/or support our IT systems and software (subject to appropriate security measures)
Capita plc for the purposes of carry out DBS checks
Teaching Regulation Agency and Education Workforce Council to perform teacher status checks
Audit and accreditation providers, such as The Recruitment and Employment Confederation (REC) and the International Organization for Standardization (ISO)
UK Government’s Visas and Immigration and the Home Office for checking right to work status.
Overseas criminal records agencies and law enforcement agencies if you have been resident outside of the UK in the last 5 years for at least 6 months

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with work finding services). Our clients may also require this personal data, and/or we may need your data to enter into a contract with you. If you do not give us the personal data we need to collect then we will be unable to continue to provide work-finding services to you.

Contact details

Company name: 5 and 2 Education
Email address: [email protected]
Postal address: 22 Crome Road, London NW10 2PB

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.

Changes to the privacy notice and 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.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data we collect 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 includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender, passport details, nationality, ethnicity and NI numbers.
Contact Data includes residential address, billing address, delivery address, email address, and telephone numbers (including next-of-kin).
Employment and Background Data includes DBS disclosures, CV’s, qualifications, accreditations, education and previous employment details.
Financial Data includes bank account and payment processing details.
Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website and services, including tracking information, analytics, geographic and device information.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
Apply to be a member or partner or to receive services;
create an account on our website or app;
subscribe to our services or publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:

(a) analytics providers such as Google and Hubspot;
(b) advertising networks such as The Guardian, Totaljobs, The Stage, Ladders and LinkedIn;
(c) search information providers based inside or outside the UK;
(d) Contact, Financial and Transaction Data from providers of payment services, delivery service providers and umbrella companies based inside the UK;
(e) Identity and Contact Data from publicly available sources such as the DBS, Department of Education and a postcode look-up provider based inside the UK.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant to you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Opogo group of companies for marketing purposes.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Cookies

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

Internal Third Parties as set out in the Glossary.
External Third Parties as set out in the Glossary.
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 notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with UK GDPR standards. We do not allow our third-party service providers 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.

International transfers

If we transfer your data outside the UK, we ensure appropriate safeguards are in place, including:

Adequacy decisions by the UK Government.
Standard Contractual Clauses (SCCs).
Binding corporate rules or certifications.

Data Security

We use a range of security measures to protect your data:

Encryption and access controls.
Secure server environments.
Regular risk assessments and audits.
Staff training on data protection.

In the event of a data breach, we follow ICO guidance and notify you and the regulator where required.

Data retention periods

We retain personal data only for as long as necessary to fulfill legal and business obligations. Retention periods are as follows:

Candidate Data (CVs, applications, interview notes) – 12 months from last contact unless consent is obtained for extended retention.
Placed Candidates – 6 years from the end of employment for tax and compliance purposes.
Payroll and Financial Records – 6 years in compliance with HMRC regulations.
Right to Work Documentation – 2 years after employment or placement ends.
Client and Supplier Data – 6 years from last interaction for contractual purposes.

Your legal rights

Under UK GDPR, you have the following rights:

Access – Request access to your personal data.
Rectification – Request correction of inaccurate or incomplete data.
Erasure – Request deletion of your data where appropriate (“right to be forgotten”).
Restriction – Request restriction of processing.
Data Portability – Request transfer of your data to another provider.
Objection – Object to processing where we rely on legitimate interests.
Withdraw Consent – At any time where processing is based on consent.

If you wish to exercise any of the rights set out above, please contact us. We may require proof of identity for verification.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

No fee usually required

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.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

Lawful basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data 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.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third parties
Internal third parties;

Other companies in the Opogo group of companies acting as joint controllers or processors and who are based in the UK and provide IT and system administration services and undertake leadership reporting.

External third parties;

Service providers acting as processors in the United Kingdom who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom and who require reporting of processing activities in certain circumstances.