Job Applicant Privacy Notice This Job Applicant Privacy Notice sets out what personal data we,
Warren Services, hold about you and how we collect and use it during and after
the recruitment process. It applies to anyone who is applying to work for us,
whether as an employee, worker, contractor, consultant, intern, volunteer,
partner or director (together referred to as ‘Job Applicant’ or ‘you’).
Please note that we will not necessarily hold, use or share all of the types of personal data
described in this Privacy Notice in relation to you. The specific types of data
about you that we will hold, use and share will depend on the role for which
you are applying, the nature of the recruitment process, how far you progress
in the recruitment process and your individual circumstances.
We are required by data protection law to give
you the information in this Privacy Notice. It is important that you read the Privacy
Notice carefully, together with any other similar or additional information
that we might give you from time to time about how we collect and use your
personal data. Should your application
be successful, when you start work for us, we will provide you with another
privacy notice that explains how we deal with your personal data whilst you are
working for us.
This Privacy Notice applies from 25 May 2018, when the General
Data Protection Regulation comes into force. It does not give you any
contractual rights. We may update this Privacy Notice at any time.
Who is the controller?
Warren Services is the “controller” for the purposes of data
protection law. This means that we are responsible for deciding how we hold and
use personal data about you.
Our Data Protection
team consists of the Finance Director, HR Manager, IT Manager and Sales and
Marketing Manager. As a Data Protection team, they are responsible for
informing and advising us about our data protection law obligations and
monitoring our compliance with these obligations. They also act as your first
point of contact if you have any questions or concerns about data protection.
What is personal data?
Personal data means any
information relating to a living individual who can be identified (directly or
indirectly) in particular by reference to an identifier (e.g. name, NI number,
employee number, email address, physical features). It can be factual (e.g.
contact details or date of birth), an opinion about an individual’s actions or
behaviour, or information that may otherwise impact that individual in a
personal or business capacity.
Data protection law divides personal data into two categories:
ordinary personal data and special category data. Any personal data that
reveals racial or ethnic origin, political opinions, religious or philosophical
beliefs, trade union membership, physical or mental health conditions, sexual
life or sexual orientation, or biometric or genetic data that is used to
identify an individual is known as special
category data. (The rest is ordinary
personal data). What type of ordinary
personal data do we hold about you and why?
At the initial stages of recruitment, we collect, hold and use
the following types of ordinary personal data about you:
·
Information contained in your application form/CV/covering letter,
including your name, title, contact details, photograph, employment history,
experience, skills, qualifications/training (including educational, vocational,
driving licences where appropriate), referees’ names and contact details, etc.
·
Publicly available information about you, such as your business
social media presence
·
Selection information, including correspondence, interview notes,
internal notes, the results of any written or online selection tests
If you are shortlisted for a position, or you receive a conditional
offer of employment, we may collect, hold and use the following additional types of
ordinary personal data about you:
·
Pre-employment check information, including references and
verification of qualifications
·
Right to work checks and related documents
We hold and use this personal data so that we can:
·
process your application and correspond with you about it;
·
assess whether you have the required skills, experience,
qualifications and training for a role within the company;
·
make informed recruitment decisions;
·
verify information provided by you;
·
check and demonstrate that you have the legal right to work in the
UK;
·
keep appropriate records of our recruitment process and decisions;
What are our legal grounds for using your ordinary personal data?
Data protection law specifies the legal grounds on which we can
hold and use personal data.
We rely on one or more of the following legal grounds when we
process your ordinary personal data:
·
We need it to take steps at your request in order to enter into a contract
with you (entry into a contract),
because by applying for a job with us you are effectively asking us to enter
into a contract with you, whether this is an employment contract, a contract
for services or another type of contract.
·
We need it to comply with a legal obligation (legal obligation), e.g. the obligation not to discriminate during
our recruitment process, or the obligation not to employ someone who does not
have the legal right to work in the UK. ·
It is necessary for our legitimate interests (or those of a third
party) and your interests and fundamental rights do not override those
interests (legitimate interest). For
example, it is in our legitimate interests to review and consider your personal
data (as listed above) so that we can select the most appropriate candidate for
the job.
What type of special category personal data do we hold about you,
why, and on what legal grounds?
We will only collect, hold and use limited types of special
category data about you during the recruitment process, as described below.
Since special category data is usually more sensitive than
ordinary personal data, we need to have an additional legal ground to collect,
hold and use it. The additional legal grounds that we rely on to collect, hold
and use your special category data are explained below for each type of special
category data.
At the initial stages of recruitment, we collect, hold and use
the following special category data about you:
Equal opportunities
monitoring
Equal opportunities monitoring data which could include
information about your race or ethnicity, religious beliefs, sexual orientation
or health. We use this information to monitor equality of opportunity and diversity in
our recruitment process. Our additional legal ground for using this information
is that it is necessary in the public interest for the purposes of equal
opportunities monitoring and is in line with our Data Protection Policy.
Adjustments
for disability/medical conditions
Information relevant to any request by you for adjustments to the
recruitment process as a result of an underlying medical condition or
disability. We use this information to enable us to carry out a fair,
non-discriminatory recruitment process by considering/making reasonable
adjustments to our process as appropriate. Our additional legal ground for
using this information is that we need it to comply with a legal obligation/exercise
a legal right in relation to employment – namely, the obligations not to
discriminate, and to make reasonable adjustments to accommodate a disability –
and such use is in line with our Data Protection Policy.
If you are shortlisted for a position, or you receive a
conditional offer of employment, we may collect, hold and use the following
additional types of special category personal data about you:
Pre-employment health
questionnaires/medicals
We collect information about your health in a pre-employment
medical questionnaire and/or examination, as well as any information about
underlying medical conditions and adjustments that you have brought to our
attention. We use this information to assess whether you are fit to do the job
with adjustments, to consider/arrange suitable adjustments and to comply with
health and safety requirements. Our additional legal grounds for using this
information are that:
·
we need it to comply with a legal obligation/exercise
a legal right in relation to employment – namely, the obligation to make
reasonable adjustments to accommodate a disability – and such use is in line
with our Data Protection Policy; and
·
it is needed to assess your working capacity on health grounds,
subject to appropriate confidentiality safeguards.
Criminal records
information/DBS checks
We may request criminal records checks from the DBS. We use this
information to assess your suitability for the role and verify information
provided by you. Our additional legal ground for using this information is that you have given us your explicit consent
to do so.
How do we collect your personal data?
You provide us with most
of the personal data about you that we hold and use, for example in your
written application, by completing any assessments and during any
interviews.
Some of the personal data
we hold and use about you is generated from internal sources during the
recruitment process. For example, the person interviewing you may score your
suitability for the role and we record the reasons for decisions made about
whether or not your application is successful.
Some of the personal data
about you that we hold and use may come from external sources. For example, a
recruitment agency provides us with a shortlist of candidates. If we offer you
a role, we will carry out pre-employment checks, such as taking up references
from past employers or education providers. We may ask an occupational health
professional to report to us on your fitness to do the job. We may seek a
criminal record check from the DBS. In some circumstances, we may ask the Home
Office for information about your immigration status to verify your right to
work in the UK. For some roles, we may also obtain information about you from
publicly available sources, such as your LinkedIn profile or other media
sources.
Who do we share your
personal data with?
Recruitment
agencies
We engage recruitment agencies to provide us with the details of
suitable candidates for our available vacancies, to communicate with those
candidates and to handle administration in connection with the recruitment
process. If we have received your initial application details from a
recruitment agency, we will share with them any of your personal data that is
necessary to enable them to fulfil their functions for us. Our legal grounds
for doing so are that it is necessary for entry into a contract and it is in
our legitimate interest to engage service providers to assist us with the
recruitment process.
Medical/occupational
health professionals
We may share information relevant to any request by you for
adjustments to the recruitment process as a result of an underlying medical
condition or disability with
medical/occupational health professionals to enable us to identify what, if
any, adjustments are needed in the recruitment process and, if you are
successful, once you start work. We may also share details of disclosed medical
conditions and/or answers to pre-employment health questionnaires with
medical/occupational health professionals to seek a medical report about you to
enable us to assess your fitness for the job and whether any adjustments are
needed once you start work. This information may also be used by the
medical/occupational health professionals to carry out assessments required by
health and safety legislation. Our legal grounds for sharing this personal data
are that: it is necessary for entry into a contract; it is in our legitimate
interests to consider adjustments to enable Job Applicants to participate fully
in the recruitment process; to assess the fitness for work of Job Applicants to
whom we have offered jobs; and it is necessary to comply with our legal
obligations/exercise legal rights in the field of employment (obligations not
to discriminate, to make reasonable adjustments, to comply with health and
safety requirements).
Legal/professional
advisers
We share any of your personal data that is relevant, where
appropriate, with our legal and other professional advisers, in order to obtain
legal or other professional advice about matters related to you or in the
course of dealing with legal disputes with you or other Job Applicants. Our legal
grounds for sharing this personal data are that: it is in our legitimate
interests to seek advice to clarify our rights/obligations and appropriately
defend ourselves from potential claims; it is necessary to comply with our
legal obligations/exercise legal rights in the field of employment; and it is
necessary to establish, exercise or defend legal claims.
Home Office
We may share your right to work documentation with the Home
Office, where necessary, to enable us to verify your right to work in the UK.
Our legal ground for sharing this personal data is to comply with our legal
obligation not to employ someone who does not have the right to work in the UK.
Consequences of not
providing personal data
We only ask you to provide
personal data that we need to enable us to make a decision about whether or not
to offer you a role. If you do not provide particular information to us, then
we will have to make a decision on whether or not to offer you a role without
that information, which in some cases could result in us deciding not to
recruit you. For example, if we ask you to provide a certificate verifying a
qualification and you do not, we will have to decide whether to recruit you
without that information. If you do not provide us with names of referees or a
reference when asked, we will not usually be able to offer you the role. In
addition, some of the personal data you provide to us is required by law. For
example, if you do not provide us with the documentation we need to check your
right to work in the UK, then we cannot by law employ you.
If you choose not to
provide us with personal data requested, we will tell you about the
implications of any such decision at the relevant time.
How long will we keep your personal data?
We will keep your personal
data throughout the recruitment process.
If your application is
successful, when you start work for us you will be issued with an Employee
Privacy Notice which will include information about what personal data we keep
from the recruitment process and how long we keep your personal data whilst you
are working for us and after you have left.
If your application is unsuccessful, we will keep your personal
data for up to 12 months from the date we notify you of our decision. There
may, however, be circumstances in which it is appropriate for us to keep
particular items of your personal data for longer. We will base these decisions
on relevant circumstances, taking into account the following criteria:
- the
amount, nature, and sensitivity of the personal data
- the
risk of harm from unauthorised use or disclosure
- the
purposes for which we process your personal data and how long we need the
particular data to achieve these purposes
- how
long the personal data is likely to remain accurate and up to date
- for
how long the personal data might be relevant to possible future legal
claims
- any applicable legal, accounting, reporting or
regulatory requirements that specify how long certain records must be kept
In all cases, we will not keep your personal data for
longer than we need it for our legitimate purposes.
Will we keep your application on file?
If you are unsuccessful
for the role for which you have applied, or you sent us a speculative
application, then, if you have consented to us doing so, we will keep your personal
data on file to identify if you might be suitable for any other vacancies that
may arise in the next 12 months and will contact you if we believe this is the
case. We will not keep your personal data for this purpose for longer than 12
months.
If during the period that
we have your personal data on file, you wish to apply for any particular
vacancy that we have open, please do contact us to make us aware of this –
particularly if it is not a close match with your previous experience or is in
a different area of our business from a vacancy you applied for previously, as
we may not otherwise realise that the vacancy would be of interest to you.
When applying for a
particular role, there is no obligation for you to consent to us keeping your personal
data on file for consideration for other roles if you do not want to. Your
application for the particular role you are putting yourself forward for will
not be affected.
If you change your mind
about us keeping your personal data on file, you have the right to withdraw
your consent at any time – see ‘Your Rights’, below.
References
If you give us details of
referees, we require you to inform them what personal data of theirs you are
giving to us. You must also give them our contact details and let them know
that they should contact us if they have any queries about how we will use their
personal data.
Your rights
You have a number of legal
rights relating to your personal data, which are outlined here:
•
The right to make a subject access request. This enables you to
receive certain information about how we use your data, as well as to receive a
copy of the personal data we hold about you and to check that we are lawfully
processing it.
•
The right to request that we correct incomplete or inaccurate personal data that we hold
about you.
•
The right to request that we delete or remove personal data that we hold
about you where there is no good reason for us continuing to process it. You
also have the right to ask us to delete or remove your personal data where you
have exercised your right to object to processing (see below).
•
The right to object to our processing your personal data where
we are relying on our legitimate interest (or those of a third party), where we
cannot show a compelling reason to continue the processing
•
The right to request that we restrict our processing of your personal data.
This enables you to ask us to suspend the processing of personal data about
you, for example if you want us to establish its accuracy or the reason for
processing it.
•
The right to withdraw your
consent to us using your personal data. As described above, we do not normally rely on your consent as
the legal ground for using your personal data. However, if we are relying on your consent as the legal
ground for using any of your personal data and you withdraw your consent, you
also have the right to request that we delete or remove that data, if we do not
have another good reason to continue using it.
•
The right to request that we transfer your personal data to
another party, in respect of data that you have provided where our legal ground
for using the data is that it is necessary for the performance of a contract or
that you have consented to us using it (this is known as the right to “data
portability”).
If you would like to exercise any of the above rights, please
contact the HR Manager in writing. Note that these rights are not absolute and
in some circumstances we may be entitled to refuse some or all of your request.
If you have any
questions or concerns about how your personal data is being used by us, you can
contact the HR Manager Estee Ross on estee@warrenservices.co.uk
Note too that 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. Details of how
to contact the ICO can be found on their website: https://ico.org.uk |