Letter of Engagement for the provision of locum placement services

This Letter of Engagement sets out the terms under which Recruitists (‘we’) will seek to provide you locum placements, and the standards of conduct we expect you to maintain when acting on our behalf on placements. In accepting any placements from us, you are agreeing to abide by these terms.

Basis of relationship

We will endeavour to obtain on your behalf professional placements as a medical locum. However, we cannot guarantee that we will obtain such engagements, and reserve the right to end our business relationship at any time and without further notice.

Where we have introduced you as a locum to a particular medical organisation, you must only undertake engagements for that organisation when organised through Recruitists.

By accepting any locum engagements arranged by us, you will be representing Recruitists as a business. In doing so, you undertake to act throughout in a manner which protects our reputation and, in particular, to abide by the terms described in this Letter of Engagement.

Fitness to practice & right to work in the UK

When registering with us for the purpose of obtaining locum placements, you will be required to provide – at your own cost - certain documentation demonstrating your fitness to practice in a medical capacity. This may include professional registrations, criminal records checks, identification documents and evidence of right to work in the United Kingdom.

Where any such document is due to expire within six months, you must take steps to renew it and provide us with the updated document.

You must also declare any present or past investigations of your conduct in a professional capacity, any pending or current disciplinary proceedings against you by either an employer or a regulatory body, and any other facts which may influence your fitness to practice as a medical professional.

Fulfilment of agreed placements

In order to maintain our professional relationship with our clients, it is essential that you fulfil your agreed responsibilities in regard to any locum placement. In particular;

· You must give a minimum of 72 hours’ notice when cancelling an agreed placement, except in emergency situations. Failure to give adequate notice, or to attend the placement, will make you liable to pay an administration fee of £50 to us.

· You must not, without our prior agreement, permit any other person to fulfil a placement to which you have been assigned;

· We may cancel, without notice, any current or pending placements in the event that

o the client is dissatisfied with your professional standards or conduct;

o the contractual arrangement between the client and Recruitists is terminated and the placement thereby cancelled;

o you dissolve your own company or enter into insolvency or bankruptcy proceedings;

o you are put under formal investigation by a regulatory body or law enforcement agency;

o you are charged with or convicted of a criminal offence;

o your formal accreditation to practice is suspended or withdrawn or;

o you breach any of the terms of this document

Conduct on placements

At all times when on placements, you must conduct yourself in a manner which maintains our reputation and relationship with our client. This includes adhering to the workplace rules governing the particular setting and any relevant professional or statutory regulation. It is your responsibility to make yourself aware of, and abide by, any organisation-specific procedures and policies whilst on placement.

Payment of your fees

Your fees will be paid, on invoice, by the organisation with which you work as a locum. You should take care to adhere to the invoicing system in force at any given placement. Recruitists can take no liability for the payment of your fees.

Limitation of liability

Recruitists can accept no legal liability for events or disputes which may arise between the client and the locum, nor provide any legal support or other assistance in such cases.

Restrictive Covenants

You will not, from the date of your first placement and for a period of six months from the date either your relationship with Recruitists is terminated or of your last locum placement by us, whichever is the earlier, solicit, agree to undertake or undertake any placements for locum services with any organisation to which we had previously referred you. Nor shall you, for the same period, offer to any such organisation any products or services which are comparable with those offered by Recruitists.

If, through your contravention of this condition, Recruitists suffers any direct financial loss arising from lost business opportunities, you will be liable to recompense us in full for those losses.

Confidentiality & Intellectual Property

You shall not at any time use, publish or otherwise disclose to any other person any information relating to Recruitists or our clients which:

· is or may reasonably be regarded as confidential to us or our clients, or;

· has been made known to you in circumstances in which an obligation of confidentiality arose.

You agree that the property in all materials, products and services provided by us or our clients to you (with the exception of the tools originally owned and used by you), under these terms and all Intellectual Property and copyright therein, will remain the property of us or our client at all times.

Data Protection

In order for us to provide our professional services to you, we will need you to provide certain information, some of which is personal data. We can assure you that such data will be held securely and with appropriate confidentiality. It will be processed in accordance with the Data Protection Act 2018 and our own privacy policy. If you wish to see a copy of that policy, please ask.

You are reminded to respect the privacy of all those you deal with in carrying out placements and to abide by privacy laws and professional duties of care at all times. You must also abide by any privacy policies in place at any placement.

Recruitists - Privacy Notice for Locums and Other Candidates

Who we are:

We are Recruitists. For the purposes of this notice, the term ‘we’ encompasses all those employed by us to carry out our business, either directly or as external contractors.

Our Contact Details:

If you have any questions about this Privacy Notice, please contact:

Hardeep Heer

· hardeep.heer@live.com

+44(0)7934853702

1. Privacy laws

The processing of your personal data is governed by the General Data Protection Regulations (GDPR), enacted in the UK by the Data Protection Act 2018.

2. The capacities in which we process data

In providing you with our services, we will be acting as a controller of personal data (as defined by Article 4(7) GDPR) with respect to any processing for which we determine the purpose and means. This includes data that we obtain from you in order to facilitate the administration of our business relationship and the fulfilment of our contract with you

3. The purposes of this privacy notice are;

This notice is designed for individuals who register with us with the purpose of either;

· obtaining professional engagements with third-party organisations in the capacity of medical locum, or;

· seeking employment opportunities in any other capacity.

It is intended to provide information about the processing of your data in accordance with the ‘transparency’ requirement of Article 13 GDPR.

4. The types of personal data we collect

The personal data we use may include:

· Your contact data to include name, address and other contact details, including email address and home and/or mobile telephone numbers;

· Biographic and professional data including references, certifications, qualifications and authorisations;

· Any criminal convictions you declare to us;

· Your identification data to include;

o name and home address;

o date of birth and gender;

o photographic identification, and;

· The terms and conditions of any contract with us.

We may also collect Special Category Personal Data;

· Personal identification documents that may reveal race or ethnic origin, possibly biometric data, and;

· Information provided to us by you in the course of a professional relationship.

5. How we collect the personal data

We may collect this information in a variety of ways. For example, data might be collected through;

· online web forms completed by you;

· correspondence with you; or

· through interviews and meetings.

We may also obtain personal data indirectly from sources such as public registers or previous employers.

6. Providing your personal data

We will tell you if providing some personal data is optional, including if we ask for your consent to process it. In all other cases, we need you to provide your personal data so we can provide professional services to you.

7. What we use your personal data for

Fulfilment of contract

· Providing professional services at your request and as defined in correspondence or contracts between us, and taking steps to fulfil your wishes prior to entering such a relationship.

Other business purposes

· As necessary for our own legitimate interests or those of other persons and organisations;

· To enable us to fulfil our business commitments to other organisations to provide locum human resources or candidates for employment;

· For good governance, accounting, managing and auditing our business operations both internally and by third parties;

· For surveys of client experience and quality of our services;

· To monitor emails, calls, other communications;

· For market research, other surveys and analysis and developing statistics for improving business performance.

To comply with a legal obligation

· When you exercise your rights under data protection law;

· For compliance with legal and regulatory requirements;

· For the establishment and defence of legal rights;

· For activities relating to the prevention, detection and investigation of crime, and;

· To investigate complaints, legal claims and data protection incidents.

8. The legal bases for processing

In providing you our services, we will process your personal data under Article 6 (1)b of the General Data Protection Regulations, on the legal basis that processing is necessary for the performance of a contract for the provision of our services, or in order to take steps at your request prior to entering into a contract.

In addition, we may process your personal data on the following legal bases;

· Consent: where you give your consent for the processing – Article 6 (10)(a);

· Legal obligation: the processing is necessary for compliance with a legal obligation - Article 6 (1)(c);

· Vital interests: the processing is necessary to protect someone’s life - Article 6 (1) (d);

· Public interest: the processing is necessary to perform a task in the public interest - Article 6 (e);

· Legitimate interests: the processing is necessary for an organisation’s legitimate interests or the legitimate interests of a third-party - Article 6 (1) (f).

Where we process special category data, we do so on the basis of Article 9(1)(g) – substantial public interest and Article 9(1)(h) – the provision of healthcare, in respect of determining competence and authority to act in a medical capacity.

9. Sharing of your personal data

Subject to applicable data protection laws we may share your personal data with;

· Organisations with which we have a professional relationship for the provision of human resources in a locum or other capacity or to which we submit details of candidates for employment;

· Sub-contractors and other persons who help us to provide services to you;

· Our legal and other professional advisors, including our auditors;

· Fraud prevention agencies, credit reference agencies, and debt collection agencies;

· Government bodies and agencies in the UK and overseas (e.g. HMRC who may in turn share it with relevant overseas tax authorities and with regulators including the Information Commissioner's Office;

· Courts, to comply with legal requirements, and for the administration of justice;

· In an emergency or to otherwise protect your vital interests;

· To protect the security or integrity of our business operations;

· When we restructure or buy or sell our business or its assets or have a merger or re-organisation, and;

· Any other party where we have your consent or as required by law.

10. Use of your personal data for marketing purposes

With your consent, and subject to your communications preferences, we may use your contact details to send you emails containing information on services which we think may be of interest to you. We will not share your data with any external party for marketing purposes.
You are free at any time to change your mind and withdraw your consent by contacting us using the details given at the top of this Notice. This will not affect the services we provide to you.

11. How long do we keep your data?

Information relating to tax records may be kept for a minimum of six years from the end of the tax year in which your relationship with us is terminated or we last provided you with our services, whichever is the later.

Other information may be kept for a minimum of five years from the date that your relationship with us is terminated or we last provided you with our services, whichever is the later.

Information may be held for longer periods where any of the following apply;

· Retention in case of queries. We will retain your personal data as long as necessary to deal with any outstanding queries you may have;

· Retention in case of claims. We will retain your personal data for as long as you might legally bring claims against us; and

· Retention in accordance with other legal and regulatory requirements. We will retain your personal data after you have received services based on legal and regulatory requirements and obligations pertaining at any given time.

1. Your rights under applicable data protection law

Your rights are, where applicable, are;

· The right to be informed about processing of your personal data;

· The right to have your personal data corrected if it is inaccurate and to have incomplete personal data completed;

· The right to object to processing of your personal data;

· The right to restrict processing of your personal data;

· The right to have your personal data erased (the "right to be forgotten”);

· The right to request access to your personal data and information about how we process it;

· The right to move, copy or transfer your personal data ("data portability"); and

· Rights in relation to automated decision-making including profiling.

You may exercise these rights by contacting us using the details given at the top of this Notice. You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

2. How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us using the details given at the top of this Notice.

You can also complain to the Information Commissioner’s Office if you are unhappy with how we have used your data;

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

Helpline number: 0303 123 1113

Appendix A

Stipulations for acting in the capacity of a data processor

The data we process under 2(b) above will consist of data provided to us by you as its controller, in order that we may carry out processes specified by you. Where such data relates to other data subjects (your employees or contractors) we will process it on the understanding of your compliance with the provisions of the GDPR and, in particular, that;

· You have met the transparency requirements of Article 13 GDPR in respect of informing those data subjects about your sharing of their data with us and our processing of it, and;

· You have established and documented legal bases for the processing of their data and, in particular, any special category data. Where such legal bases include the consent of the data subject, you have obtained, and documented, informed and freely given consent.

In acting as a data processor on your instructions, we confirm that we shall respect the privacy rights and freedoms of those data subjects whose data you share with us. In particular, and in accordance with the requirements of Article 28 GDPR, we shall;

· Only act on your documented instructions, unless required by law to act without such instructions or it is in the vital interests of the data subject to do so;

· Ensure that people processing the data are subject to a duty of confidence;

· Take appropriate measures to ensure the security of processing;

· Only engage a sub-processor with your prior authorisation and under a written contract which contains all of the technical and organisational measures necessary to ensure compliance with these stipulations and any other GDPR requirement relevant in the circumstances;

· Take appropriate measures to assist you to respond to requests from individuals to exercise their rights under GDPR;

· Taking into account the nature of processing and the information available, assist you in meeting GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;

· Delete or return all personal data to you (at your choice) at the end of the contract, unless the law requires its storage; and

· Submit to audits and inspections.

What information we collect?

We collect two types of data and information from Users.

The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“ Non-personal Information ”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).

The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:

Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site.
Upon registration, data pertinent to employment will be stored on file such as:
Registration information: When you register to our Site you will be asked to provide us certain details such as: full name; e-mail or physical address, and other information.
Professional registration details will be retained on file and periodically checked against professional bodies database to validate registration status or citations.

How do we receive information about you?

We receive your Personal Information from various sources:

When you voluntarily provide us your personal details in order to register on our Site;
When you use or access our Site in connection with your use of our services;
From third party providers, services and public registers (for example, traffic analytics vendors).

What information we collect?

We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.

We may use the information for the following:

Communicating with you – sending you notices regarding our services, providing you with technical information and responding to any customer service issue you may have;
To communicate with you and to keep you informed of our latest updates and services;
To serve you advertisements when you use our Site (see more under "Advertisements");
To market our websites and products (see more under "Marketing");
Conducting statistical and analytical purposes, intended to improve the Site.

In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies and subcontractors.

In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third party providers, who may be located in different jurisdictions across the world, for any of the following purposes:

Hosting and operating our Site;
Providing you with our services, including providing a personalized display of our Site;
Storing and processing such information on our behalf;
Serving you with advertisements and assist us in evaluating the success of our advertising campaigns and help us retarget any of our users;
Providing you with marketing offers and promotional materials related to our Site and services;
Performing research, technical diagnostics or analytics;

We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.

User Rights

You may request to:

Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information.
Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format.
Request rectification of your personal information that is in our control.
Request erasure of your personal information.
Object to the processing of personal information by us.
Request to restrict processing of your personal information by us.
Lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”) using the details provided below:

Hardeep.heer@recruitists.com

Retention

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services.

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services.

The Site uses the following types of cookies:

a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;

b. 'persistent cookies ' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;

c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyse our web access.

Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Third party collection of information

Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to.

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy.

How do we safeguard your information?

We take great care in implementing and maintaining the security of the Site and your information. We employ industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorized use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.

Transfer of data outside the EEA

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

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