Privacy Policy – Employees and Job Applicants | |
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Date of Last Review:
| November 2023 | |
Last Reviewed By: | Tom Hall – Director of People and Talent | |
Frequency of Review: | Annually | |
Date of Next Review: | November 2024 | |
Person Designated to Carry out Next Review: | Tom Hall – Director of People and Talent | |
Primary Directorate Responsible for Document: | | People and Talent |
Level of Authorisation Required: | VITAL | |
Date of Authorisation Meeting: | [dd/mm/yyyy] | |
Details of Authorising Signatory (required): | ||
Name: | |
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Position / Role: | |
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Signature: | |
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Date: | | [dd/mm/yyyy] |
Related policies/documents:
· Privacy Policy - Service Users
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Version Control
Original Authors: | Tom Hall – Director of People and Talent |
Date Adopted: | November 2023 |
Version No. | [Increase by whole number if reviewed or indicate minor changes by adding decimal, for example: 1.1] |
| New Policy – Major change process
03/04/24 - Elizabeth Collins 2.2, 2.2.1 and 14.3 - Replaced Gareth Corbin, Director of Risk and Compliance with Tom Hall, Director of People and Talent. |
Notes
This policy is also hosted within People XD so that it is visible to job applicants and prospective employees and should be updated accordingly. |
1. Introduction
1.1. The Wallich is aware of its obligations under the General Data Protection Regulation (GDPR) and current data protection legislation and is committed to processing your data securely and transparently. This privacy notice sets out, in line with date protection obligations, the types of data that we hold on you as an employee or job applicant. It also sets out how we use that information, how long we keep it for and other relevant information about your data.
2. Data controller details
2.1. The Wallich is a data controller, meaning that it determined the processes to be used when using your personal data. Our contact details are as shown in Section 16.‘How to Contact Us’ below:
2.2. The Company’s Data Protection Officer is Tom Hall. They can be contacted at:
2.2.1. Tom Hall
Director of People and Talent
The Wallich
Cardiff Hub
18 Park Place
Cardiff
CF10 3DQ
3. Data Protection Principles
3.1. In relation to your personal data, we will:
3.1.1. Process it fairly, lawfully and in a clear, transparent way
3.1.2. Collect your data only for reasons that we find proper for the course of your engagement in ways that have been explained to you
3.1.3. Only use it in the way that we have told you about
3.1.4. Ensure it is correct and up to date
3.1.5. Keep your data for only as long as we need it
3.1.6. Process it in a way that ensures it will not be used for anything that you are not aware of or have consented to (as appropriate), lost or destroyed
4. Types of data we process
4.1. We hold many types of data about you, including:
4.1.1. Your personal details including your name, address, date of birth, email address, phone numbers
4.1.2. Gender
4.1.3. Marital status
4.1.4. Whether or not you have a disability
4.1.5. Information included on your CV including references, education history and employment history
4.1.6. Documentation relating to your right to work in the UK
4.1.7. Identification documents for criminal record checks
4.1.8. Information relating to your criminal record
5. How we collect your data
5.1. We collect data about you in a variety of ways including the information you would normally include in a CV or a job application cover letter, or notes made by our recruiting managers during a recruitment interview. Further information will be collected directly from you when you complete forms at the start of your employment, for example, your bank and next of kin details. Other details may be collected from you in the form of official documentation such as your driving licence, passport or other right to work evidence.
5.2. In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references of credit reference agencies.
5.3. Personal data is kept in company files, or within the Company’s HR, Finance and IT systems.
6. Why we process your data
6.1. The law on data protection allows us to process your data for certain reasons only:
6.1.1. In order to perform the employment contract that we are party to
6.1.2. In order to carry out legally required duties
6.1.3. In order for us to carry out legitimate interests
6.1.4. To protect your interests
6.1.5. Where something is done in the public interest, and
6.1.6. Where we have obtained your consent
6.2. All of the processing carried out by us falls into one of the permitted reasons. Generally, we will rely on the first three reasons set out above to process your data.
6.3. We need to collect your data to ensure we are complying with legal requirements such as:
6.3.1. Carrying out checks in relation to your right to work in the UK and
6.3.2. Making reasonable adjustments for disabled employees.
6.4. We also collect data so that we can carry out activities which are in the legitimate interests of the Company. We have set these out below:
6.4.1. Making decision about who to offer employment to
6.4.2. Making decision about salary and other benefits
6.4.3. Assessing training needs
6.4.4. Dealing with legal claims made against us
6.4.5. Ensuring our administrative and IT systems are secure and robust against unauthorised access
6.5. If you are unsuccessful in obtaining employment, we will seek your consent to retaining your data in case other suitable job vacancies arise in the Company for which we think you may wish to apply. You are free to withhold your consent to this and there will be no consequences for withholding consent.
7. Special categories of data
7.1. Special categories of data are data relating to your:
7.1.1. Health
7.1.2. Sex life
7.1.3. Sexual orientation
7.1.4. Race
7.1.5. Ethnic origin
7.1.6. Political opinion
7.1.7. Religion
7.1.8. Trade union membership
7.1.9. Genetic and biometric data
7.2. Special categories of data must be processed in accordance with more stringent guidelines. Most commonly, we will process special categories of data when the following applies:
7.2.1. You have given explicit consent to the processing
7.2.2. We must process the data in order to carry out our legal obligations
7.2.3. We must process data for reasons of substantial public interest, or
7.2.4. You have already made the data public
7.3. We will use your special category data:
7.3.1. For the purposes of equal opportunities monitoring
7.4. We do not need your consent if we use special categories of personal data in order to carry out our legal obligations. However, we may ask for your consent to allow us to process certain particularly sensitive data. If this occurs, you will be made fully aware of the reasons for the processing. As with all cases of seeking consent from you, you will have full control over your decision to give or withhold consent and there will be no consequences where consent is withheld. Consent, once given, may be withdrawn at any time. There will be no consequences where consent is withdrawn.
8. Criminal conviction data
8.1. 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 should you be successful in obtaining employment. We use criminal conviction data in the following ways:
8.1.1. To safeguard our service users.
8.2. We process this data because of our legal obligation to ensure that no one barred from working in regulated activity is engaged in regulated activity and that we are not putting our services users at a safeguarding risk.
9. If you do not provide your data to us
9.1. One of the reasons for processing your data is to allow us to carry out an effective recruitment process. Whilst you are under no obligation to provide us with your data, we may not be able to process, or continue with, your application.
10. Sharing your data
10.1. Your data will be shared with colleagues within the Company where it is necessary for them to undertake their duties with regards to recruitment and employment. This includes, for example, the Talent and Workforce team, recruiting managers, and the Business Systems team.
10.2. In some cases, we will collect data about you from third parties, such as employment agencies.
10.3. Your data will be shared with third parties if you are successful in your job application. In these circumstances, we will share your data in order to:
10.3.1. obtain references as part of the recruitment process
10.3.2. obtain a criminal records check
10.3.3. ensure that you have the correct level of access to our IT systems
10.4. We share your data with third parties in order to ensure we are meeting our legal obligations. This would include sharing data with auditors as part of our financial reviews.
10.5. 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.
10.6. We do not share your data with bodies outside of the European Economic Area.
11. Protecting your data
11.1. 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, including, but not limited to, ensuring all employees of the Company undertake GDPR training on a yearly basis, the establishment of a directorate to the Company’s compliance with regulatory requirements and the critical analysis and review of the Company’s policies and procedures to ensure they are up to date and continuously fulfilling our data protection obligations.
11.2. Where we share your data with third parties, we provide written instructions to them to ensure that your data are held securely and in line with date protection requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
12. How long we keep your data for
12.1. In line with data protection principles, we only keep your data for as long as we need it, and this will depend on whether or not you are successful in obtaining employment with us.
12.2. 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 12 months once the recruitment exercise ends.
12.3. 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 12 months once the recruitment exercise ends. At the end of this period, we will delete or destroy your data, unless you have withdrawn your consent to our processing of your data in which case it will be deleted or destroyed upon your withdrawal of consent.
12.4. 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 employees, which will be provided to you.
13. Automated decision making
13.1. 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.
14. Your rights in relation to your data
14.1. The law on data protection gives you certain rights in relation to the data we hold on you. These are:
14.1.1. The right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice.
14.1.2. The right of access. You have the right to access the data that we hold on you. To do so, you should make a subject access request. You can read more about in our Data Protection and Privacy Policy which is available upon request.
14.1.3. The right for any inaccuracies to be corrected. If any data that we hold about you is incomplete or inaccurate, you are able to require us to correct it.
14.1.4. The right to have information deleted. If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it.
14.1.5. The right to restrict the processing of the data. For example, if you believe the data we hold is incorrect, we will stop processing the data (whilst still holding it) until we have ensured that the data is correct.
14.1.6. The right to portability. You may transfer the data that we hold on you for your own purposes.
14.1.7. The right to object to the inclusion of any information. You have the right to object to the way we use your data where we are using it for our legitimate interests.
14.1.8. The right to regulate any automated decision-making and profiling of personal data. You have a right not to be subject to automated decision making in ways that adversely affects your legal rights.
14.2. Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent 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 consequence 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.
14.3. If you wish to exercise any of the rights explained above, please contact Tom Hall on the details provided.
15. Making a complaint
15.1. In the first instance, you are asked to contact people@thewallich.net should you have any concerns about our use of your personal data. If you have any more general queries regarding this policy, please see the Section16. ‘How to Contact Us’ below. We hope we will be able to resolve any issues you may have.
15.2. You also have the right to lodge a complaint with the Information Commissioner. The Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.
16. How to Contact Us
16.1. You can contact us by post, email, or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.
16.2. Our contact details are shown below:
E-mail: mail@thewallich.net
Post: The Wallich - Cardiff Hub
18 Park Place
Cardiff
CF10 3DQ
Tel: (029) 2066 8464