Privacy notice for job applicants
In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you 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
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
1. processing is fair, lawful and transparent;
2. data is collected for specific, explicit, and legitimate purposes;
3. data collected is adequate, relevant and limited to what is necessary for the purposes of processing;
4. data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay;
5. data is not kept for longer than is necessary for its given purpose;
6. data is 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;
7. we comply with the relevant GDPR procedures for international transferring of personal data;
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 a personnel file relatingto each employee and we also hold the data within our computer systems, most usuallyon Recruitee and bamboohr our specialist recruitment and HR systems.
Specifically, we hold the following types of data:
1. personal details such as name, address, phone numbers, salary information
2. name and contact details of your next of kin
3. your photograph
4. your gender, marital status, information of any disability you have or other medical information
5. right to work documentation
6. information on your race and religion for equality monitoring purposes
7. information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter
8. references from former employers
9. details on your education and employment history etc.
10. driving license
11. criminal convictions
C) COLLECTING YOUR DATA
You may provide several pieces of data to us directly during the recruitment period.
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.
Personal data is kept in files or within the Company’s HR and IT systems.
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.
E) SPECIAL CATEGORIES OF DATA
Under GDPR ‘Special categories of data’ are those relating to your:
1. health
2. sex life
3. sexual orientation
4. race
5. ethnic origin
6. political opinion
7. religion
8. trade union membership
9. genetic and biometric data.
We carry out processing activities using special category data:
1. for the purposes of equal opportunities monitoring
2. in our sickness absence management procedures
3. to determine reasonable adjustments
Most commonly, we will process special categories of data when the following applies:
1. you have given explicit consent to the processing
2. we must process the data in order to carry out our legal obligations
3. we must process data for reasons of substantial public interest
4. you have already made the data public.
F) 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.
G) 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 if appointed.
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.
Data is shared with third parties for the following reasons: completion of the recruitment process, reference checking.
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 Economic Area.
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 issues.
J) RETENTION PERIODS
We keep your data for as long as we need it for, which, in relation to unsuccessful candidates, is twelve months.
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 (currently Bamboo HR). We have a separate privacy notice for employees, 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, which has a significant impact on you.
L) EMPLOYEE RIGHTS
You have the following rights in relation to the personal data we hold on you:
1. the right to be informed about the data we hold on you and what we do with it;
2. the right of access to the data we hold on you. More information on this can befound in the section headed “Access to Data” below and in our separate policy on‘Subject Access Requests’;
3. 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’;
4. the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
5. the right to restrict the processing of the data;
6. the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
7. the right to object to the inclusion of any information;
8. 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, at any time, consent that you have previously provided, to our processing of your data. 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 although we may not be able to continue to process your application. 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 the Human Resources team.
M) 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.
N) MAKING A COMPLAINT
If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.
O) DATA PROTECTION COMPLIANCE
tcc is reinvigorating its data protection processes and committees to help ensure and maintain compliance with this regulation across the group. The Executive responsibility is with the CEO, Simon Hay and COO, Kathryn Herrick, supported by the steering team.
As a new part of this structure we have appointed a Data Protection Champion (DPC) in every region and Business Unit. The DPC ensures that guidelines and instructions are properly implemented and executed, campaigns and projects comply with GDPR and they support the DPO and steering team on their monitoring task. The DPC’s are the connector between the day to day business and the governance structure.