In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, as prospective employees of our Company, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
A) Data Protection Principles
All personal data obtained and held by us must be processed according to a set of core principles:
- Lawfulness, fairness and transparency: processing will be fair, lawful and transparent
- Purpose limitation: data be collected for specific, explicit, and legitimate purposes and will not be processed in a manner incompatible with the original purpose for which it was collected
- Minimisation: data collected will be adequate, relevant and limited to what is necessary for the purposes of processing
- Accuracy: data will be kept accurate and up to date. Reasonable steps will be taken to ensure that data found to be inaccurate will be rectified or erased without delay
- Storage limitation: data is not kept for longer than is necessary for its given purpose
- Integrity and confidentiality: data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
- Accountability: we are able to demonstrate our compliance with the above data protection principles.
B) Types of Data Held
We keep several categories of personal data on our prospective employees in order to carry out effective and efficient processes. We keep this data in recruitment files relating to each vacancy and we also hold the data within our computer systems, for example, recruitment logs.
Specifically, we hold the following types of data:
- personal details such as name, address, phone numbers;
- name and contact details of your next of kin;
- your photograph;
- your gender, marital status, information of any disability you have or other medical information;
- right to work documentation;
- information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter;
- references from former employers;
- details on your education and employment history etc;
- driving licence;
- criminal convictions.
C) Collecting Your Data
You provide several pieces of data to us directly during the recruitment exercise.
In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.
Should you be successful in your job application, we will gather further information from you, for example, your bank details and next of kin details, once your employment begins.
D) Lawful Basis for Processing
The law on data protection allows us to process your data for certain reasons only.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.
|Activity requiring your data||Lawful basis|
|Carrying out checks in relation to your right to work||Legal obligation|
|Making adjustments for disabled employees||Legal obligation|
|Making recruitment decisions in relation to both initial and subsequent employment e.g. promotion||Legitimate interests|
|Making decisions about salary and other benefits||Legitimate interests|
|Making decisions about contractual benefits to provide to you||Legitimate interests|
|Assessing training needs||Legitimate interests|
|Dealing with legal claims made against us||Legitimate interests|
|Preventing fraud||Legitimate interests|
E) Special Categories of Data
Special categories of data are data relating to your:
- sex life
- sexual orientation
- ethnic origin
- political opinion
- trade union membership
- genetic and biometric data.
We carry out processing activities using special category data:
- in our sickness absence management procedures
- to determine adjustments required to your role in respect of any health condition.
Most commonly, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process your health data for the purpose of assessing your working capacity
- you have already made the data public.
F) Criminal Conviction Data
We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, however, may also be collected during your employment. We use criminal conviction data to determine your suitability, or your continued suitability for the role. We rely on the lawful basis of our legitimate interests to process this data.
G) Failure to Provide Data
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of employment with you. This could include being unable to offer you employment, or administer contractual benefits.
H) Who We Share Your Data With
Employees within our company who have responsibility for recruitment will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We do not share your data with bodies outside of the European Union.
I) Protecting Your Data
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
J) Retention Periods
We only keep your data for as long as we need it for, which, in relation to unsuccessful candidates, is six months to a year.
If your application is not successful and we have not sought consent or you have not provided consent upon our request to keep your data for the purpose of future suitable job vacancies, we will keep your data for six months once the recruitment exercise ends.
If we have sought your consent to keep your data on file for future job vacancies, and you have provided consent, we will keep your data for nine months once the recruitment exercise ends. At the end of this period, we will delete or destroy your data, unless you have already withdrawn your consent to our processing of your data in which case it will be deleted or destroyed upon your withdrawal of consent.
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data and there will be no consequences of withdrawing consent.
If your application is successful, your data will be kept and transferred to the systems we administer for employees. We have a separate privacy notice for the workforce, which will be provided to you.
K) Automated Decision Making
Automated decision making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.
L) Your Rights
You have the following rights in relation to the personal data we hold on you:
- the right to be informed about the data we hold on you and what we do with it;
- the right of access to the data we hold on you. More information on this can be in our separate policy on Subject Access Requests;
- the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
- the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
- the right to restrict the processing of the data;
- the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
- the right to object to the inclusion of any information;
- the right to regulate any automated decision-making and profiling of personal data.
In addition to the above rights, you also have the unrestricted right to withdraw consent, that you have previously provided, to our processing of your data at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.
If you wish to exercise any of the rights explained above, please contact Patricia Trijbits.
M) Making a Complaint
If you think your data rights have been breached, you are able to raise a complaint with the Data Protection Authority. You may appeal to the Court if the Authority fails to keep you notified about your complaint.
N) Data Protection Compliance
Our appointed compliance officer in respect of our data protection activities is: