APPLICANT PRIVACY NOTICE
Data controller: Lyons Davidson Limited and File Dynamics Limited both of 43 Queen Square Bristol BS1 4QP (“ the Company” “We” “ Us”)
Data protection officer: Aidan Monaghan (email@example.com)
As part of the recruitment process, we collect and processes personal data relating to job applicants. The Company is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information do we collect?
The Company collects a range of information about you. This includes:
- your name, address and contact details, including email address and telephone number;
- details of your qualifications, skills, experience and employment history;
- information about your current level of remuneration, including benefit entitlements;
- whether or not you have a disability for which the company needs to make reasonable adjustments during the recruitment process;
- information about whether you have any unspent criminal convictions under the Rehabilitation of Offenders Act 1974
- information about your entitlement to work in the UK; and
- equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, marital status, responsibility for dependants, health, and religion or belief.
We collect this information in a variety of ways. For example, data might be contained in application forms, CVs or covering letters, obtained from your passport or other identity documents (eg driving licence), or collected through interviews or other forms of assessment.
The Company will also collect personal data about you from third parties, such as references supplied by former employers, the Solicitors Regulation Authority (SRA), information on credit and financial position and information from criminal records checks. The Company will seek information from third parties only once a job offer to you has been made and accepted and we will inform you that we are doing so in your offer of employment letter.
Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems (including email).
Why do we process personal data?
The Company needs to process data to take steps at your request prior to entering into a contract with you. It also needs to process your data to enter into a contract with you, should your application be successful.
In some cases, we need to process data to ensure that we comply with our legal obligations. For example, we are required to check a successful applicant's eligibility to work in the UK before employment starts.
The Company has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate's suitability for employment in the vacancy applied for or in any other suitable vacancy that may arise and decide to whom to offer a job. The Company may also need to process data from job applicants to respond to and defend against legal claims.
Where the Company relies on legitimate interests as a reason for processing data, it has considered whether or not those interests are overridden by the rights and freedoms of employees or workers and has concluded that they are not.
The Company processes health information if it needs to make reasonable adjustments to the recruitment process for candidates who have a disability. This is to carry out its obligations and exercise specific rights in relation to pre-employment.
Where the Company processes other special categories of data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is for equal opportunities monitoring purposes. This is optional, and you can decline to provide this data.
The Company seeks information about criminal convictions and offences. Where the Company seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to pre-employment.
Who has access to data?
Your information will be shared internally for the purposes of the recruitment exercise. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, and managers in the business area with a vacancy.
Access UK Limited who provide the software for our recruitment system have access to your information.
We will not share your data with third parties, unless your application for employment is successful and we make you an offer of employment and you accept. We will then share your data with former employers to obtain references for you, employment background check providers to obtain necessary background checks and the Disclosure and Barring Service to obtain necessary criminal records checks.
We will not transfer your data outside the European Economic Area (“EEA”), unless you are based outside the EEA, or in relation to an employment reference. In this event we will seek your consent having informed you of the risks. The Company will not otherwise transfer data outside the EEA.
How do we protect data?
We take the security of your data seriously. We have internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties. Our policies and controls are compliant with the Company’s ISO27001 accreditation.
For how long do we keep data?
The Company will hold your data for six months after the date of your application in case there are future employment opportunities for which you may be suited, and to enable us to respond to and defend a legal claim. . If your application for employment is successful and you start employment with us, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require us to change incorrect or incomplete data;
- require us to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
- ask us to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override our legitimate grounds for processing data.
You can object to the processing of your data where we rely on our legitimate interests as the legal ground for processing. We may still be able to process your data if our legitimate interests override your rights, or where we need to process the data in relation to a legal claim.
If you would like to exercise any of these rights, please contact Abi Kelleher, Head of HR – firstname.lastname@example.org
If you believe that the Company has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.
You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your application if you choose not to provide such information.
Our recruitment processes are not based solely on automated decision-making.