Terms & Conditions / Privacy Policy

Information about us

This website is operated by Smartwork.com Ltd and we trade under the same identity.

We are registered in England and Wales under company number 4207299 and have our registered office at Smartwork Ltd, Whitefriars, Lewins Mead, Bristol, BS1 2NT.

Variations

You are expected to check this page from time to time to take notice of any changes we make, as in using our website you are deemed to have accepted the current terms and conditions at the time. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

Accessing our website

Access to our website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

We may restrict access to some parts of our website, or the entirety of the website from time to time.

When using our website you must comply with the provision of our acceptable use policy. You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and that they comply with them.

Intellectual property rights

Smartwork.com Ltd. is the owner or the licensee of all intellectual property rights on our website along with the material published on it. Those works are protected by copyright laws and treaties. All rights are reserved.

You must not print off, copy, or in any way download extracts from our website.

You must not use any part of the materials on our website for commercial purposes without obtaining a licence or permission to do so from Smartwork.com Ltd. Along with content, such materials include any illustrations, photographs, video or audio sequences, or any graphics.

If you do not comply with the above you are in breach of our terms of use and we are within our rights to take legal action. You further agree to destroy all copied material with immediate effect.

Dependence on information

Commentary, blog posts and news articles along with any other materials posted on our website are not on which all dependence should be placed. No liability arising from any reliance placed on such materials by any visitor to our website will fall on Smartwork.com.

Website changes

We endeavour to update our website regularly and, as this is the case, content may change at any time. In extraordinary circumstances, we may suspend access to our website. Any of the material on our website may be out of date at any given time and we are under no obligation to update such material.

Our liability

All material displayed on our website is provided without any guarantees or conditions as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any website linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue loss of business loss of profits or contracts loss of anticipated savings loss of data loss of goodwill wasted management or office time any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable

Information about you

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our website

Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to any of our websites constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any material or posting you make on any website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our Website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on them, or on any website linked to them.

Linking to our website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our website other than that set out above, please address your request to marketing@smartwork.com

Third parties

Our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Smartwork.com Ltd has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Variations

You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

Who are SmartWork?

SmartWork Limited is part of a group of companies involved in recruitment, payment and corporate service provision. Our contact details and office locations within the group are available here.

Why do you process personal data?

Commercially, to provide an umbrella trading solution where all administrative headaches and responsibilities are removed from employees so that they can enjoy the benefits of working flexibly

We also process personal data as an employer, a business partner, and through surveillance of our places of business.

This notice, and its relevance to you, regards our commercial processing of data.

How might you collect personal data for your commercial purposes?

• Directly from you – we have an active website where you can initially register online with SmartWork. Should you decide to use our services, you would then provide additional personal data in order to service your employment contract.


• From Comparison sites – there are a number of websites who we partner with, from which your personal information is shared with SmartWork.


• From your friends – if any of your contact circle were to refer you to use, they may pass on contact details, which we would use to get in touch.


• From recruitment firms – your recruitment firm, having established you are interested in a service like ours, could pass your contact information over, which we would use to get in touch.

What categories of data do you routinely process?

While we appreciate that avenue above is different, it is likely that we would initially have:

• Your full name


• Contact information (phone and email).


• Your current day rate

If you become an employee of SmartWork, we would go on to process:

• Tax and national insurance information


• Information to allow us to make payments (e.g. your bank details)


• Usernames and passwords for our SmartPortal application

We will only ever request personal data from you required to establish or service your contract, meet our legal obligations, or lawfully market services to you in future.

Is there personal data I am compelled to provide?

Yes. Our contractual terms mean that without certain information, we would not be able to provide a service to you. This includes personal data which allows us to discharge our legal obligations as an umbrella service provider and to HMRC, as well as make payments to you.

What about “special categories” of data?

There are “special categories” of personal data which we need on an additional legal basis to process in the context of employment. We have an internal Data Protection Policy which details our internal controls designed to offer additional protection to these categories, and the UK Data Protection Act contains conditions that allow for it, as listed below:

Health-related data

UK DPA Sch.1 s.2 – we process data relating to absences (and therefore your health) as required to pay you accurately.

Racial or ethnic origin

UK DPA Sch.1 s.1 –by virtue of validating your identity at the pre-contract stage, we would process enough data to establish or infer your race or ethnicity.

Should we inadvertently process any “special category” data (for example, you submit it to us voluntarily), we would routinely delete it if it served no contractual purpose.

On what basis do you do this?

• Contract – if we have a contract to provide services to you, we must process certain personal data in order to perform it. Much of the data we process is on this basis.


• Legal requirement – if we are compelled to hold your personal information for legal reasons (for example, tax law), we would hold it until that reason is no longer valid.


• Legitimate Interest – if we lawfully acquire your personal data through comparison sites or a referral from a friend or your recruiter, we would contact you to establish your interest in SmartWork’s services


• Consent – if we would like to contact you relating future opportunities with Smartwork, we will ask you for permission to hold it. You can withdraw that consent at any time by unsubscribing to our emails or directly with a consultant if telephoned.

What are SmartWork’s “legitimate interests”?

Our interests are to provide customers with an umbrella solution to enhance their income and working life flexibility, and profit from that activity.

We have assessed whether our interests outweigh your fundamental rights, and we believe that in this context our interests are actually aligned.

Can i withdraw consent?

Yes, at any time. Any processing reliant on that would be constrained going forward, though it will not invalidate processing already performed. In the case of SmartWork’s services, we would not rely on consent for anything other than marketing new opportunities.

Who will receive my data from you?

• Your Recruitment Agency or Direct Client – as per your contract of engagement.


• Any third parties involved in your payment – all of whom have contractual obligations to protect your data.


• Legal Authorities (e.g. HMRC) – who are authorised to have certain data provided in existing law


• SmartWork group companies – who have the same obligations to protect your data as we do

Do you transfer personal data internationally?

Yes – while all personal data under our control is stored in the United Kingdom, we process data (e.g. administer, view, amend, etc.) both in the EEA and non-EEA territories in the SmartWork Group, with standard contractual clauses deployed where necessary to ensure your privacy is protected to EU standards.

Is any element of personal data storage outside of your control?

For contractors working through SmartWork, the time recording software is hosted by Amazon Web Services in an EU-based cloud storage system.

Outside of this, the other parties to whom we would transfer your data either have a legal right to it (e.g. tax authorities) or are contractually bound to protect any data we provide them with.

How long will you retain personal data for?

• Payroll-related personal data for employees, no longer than 7 years after contract end date


• Other personal data, no longer than 2 years after employment end date.


• No longer than 6 months after processing “special category” data such as Criminal record check


• No longer than 30 days after acquiring your data from a comparison site without making contact with you


• We would always dispose of any personal data upon request, subject to any legal grounds for its retention

What rights do I have in respect of the personal data you control?

As a data subject, you have the right to:

• Access any data we process which relates to you


• Have that personal data provided in a machine-readable format


• Have your personal data erased from our records


• Object to any processing by SmartWork


• Restrict any processing under certain circumstances, such as if you question its accuracy


• Not be subjected to automated processing


• By simply issuing a request to SmartWork through a conventional route (post, email, phone), we will process that request. If for any reason we lawfully refuse it, we will inform you of the rationale and your options.

Is any of this processing automated?

Only operationally through the use of computers in running SmartWork. Personal data is never processed within SmartWork through algorithms or automated decision making.

Who can I complain to if I am unhappy about your personal data processing?

We would always endeavour to satisfy your requests in the first instance, and you can contact our Data Protection Officer with any queries.

You can at any time contact our Supervisory Authority (the UK Information Commissioner’s Office) at this location.

Who is your data protection officer?

You can contact our Data Protection Officer at dpo@smartwork.com or through our UK Head Office at +44 117 311 9800