Millbrook Healthcare Limited (MHL, we, us or our) is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your working relationship with us. This data is important and that is why we are committed to protecting your personal data.
Data Protection Principles
We will comply with data protection legislation. This says that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those
- Relevant to the purposes we have told you about and limited only to those
- Accurate and kept up to
- Kept only as long as necessary for the purposes we have told you
The kind of information we hold about you
We will collect your personal details, including but not limited to your name and contact details, your email address and other relevant information detailed in your curriculum vitae (CV). We may also include sensitive personal data such as any criminal convictions and ethnic origin.
For the purpose of clarity, personal data means any information about an individual from which that person can be identified. There are also special categories of more sensitive personal data which require a higher level of security and protection.
We may collect, store, and use the following categories of personal information about you:
- Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
- Date of
- Marital status and
- Next of kin and emergency contact
- National Insurance
- Bank account details, payroll records and tax status
- Salary, annual leave, pension and benefits
- Location of employment or
- Copy of driver’s
- Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
- Employment records (including job titles, work history, working hours, training records and professional memberships).
- Disciplinary and grievance
- CCTV footage and other information obtained through electronic means such as swipe card records.
- Information about your use of our information and communications
- Vehicle tracking, including sound recordings and mobile telephone tracking
- Telephone records and recordings of inbound and outbound
- We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
- Trade union
- Information about your health, including any medical condition, health and sickness records.
- Genetic information and biometric
- Information about criminal convictions and
How is your personal information collected?
We typically collect personal information about employees, workers and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
How we will use information about you
We will only use your personal data where there is a legitimate and lawful reason to do so. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we have entered into with
- To answer your questions or enquiries.
- Where we need to comply with a legal
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those
- We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest or for official purposes.
- To release personal information to regulatory or law enforcement agencies, if we are required or permitted to do so.
Situations in which we will use your personal information
We need the categories of information detailed above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
- Making a decision about your recruitment or
- Determining the terms on which you work for
- Checking you are legally entitled to work in the
- Paying you and, if you are an employee, deducting income tax and National Insurance contributions.
- Providing employment benefits to
- Liaising with your pension
- Administering the contract of employment we have entered into with
- Business management and planning, including accounting and
- Conducting performance reviews, managing performance and determining performance requirements.
- Making decisions about salary reviews and
- Assessing qualifications for a particular job or task, including decisions about
- Gathering evidence for possible grievance or disciplinary
- Making decisions about your continued employment or
- Making arrangements for the termination of our working
- Education, training and development
- Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at
- Ascertaining your fitness to
- Managing sickness
- Complying with health and safety
- To prevent
- To monitor your use of our information and communication systems to ensure compliance with our IT
- To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
- Equal opportunities
- Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
The legal basis for processing your personal information
We rely on the following grounds for processing your personal information:
- Necessary for entering into, or performing, a contract – in order to perform obligations that we undertake or in order to take steps at your request to enter into a contract with us, it will be necessary for us to process your persona data.
- Necessary for compliance with a legal obligation – we are subject to certain legal requirements which may require us to process your personal data. We may also be obliged by law to disclose your personal data to a regulatory body or law enforcement agency.
- Necessary for the purposes of legitimate interests – either we, or a third party, will need to process your personal data for the purposes of our (or a third party’s) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including the right to have your personal data protected.
- Consent – in some circumstances, we may ask for your consent to process your personal data in a particular way
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Our obligations as an employer
We will use your particularly sensitive personal information in the following ways:
- We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other
- We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and
To the extent that we are processing your personal information based on your consent, you have the right to withdraw your consent at any time. You can do by writing to us using the contact details provided in this policy.
In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will be where such processing is necessary to carry out our recruitment and vetting requirements for specific job roles. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us.
We may use information about convictions and offences in order to assess individual's suitability for employment. We are allowed to use your personal information in this way to ensure compliance with our contractual safeguarding responsibilities. We may also share this information with the Designated Safeguarding Lead(s) of the Local Authority or NHS Commissioner of the service that you are assigned to (see Data Sharing below).
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
We do not use automated decision making and profiling regarding personal data.
We may have to share your data with third parties, including third-party service providers and other entities within the Millbrook Industries group of companies. If we do, you can expect the same degree of security and protection in respect of your personal information.
We require third parties to respect the security of your data and to treat it in accordance with data protection legislation. Information sharing agreements are also in place with third parties which detail joint responsibilities and how, as data controller, we are able to audit the practices and processes of the third party data processors in line with data protection legislation.
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
Why might you share my personal information with third parties?
We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within the Millbrook Industries group. The following activities are carried out by third-parties: payroll, electronic payslips, pension administration, provision of time and attendance management system, insurance broking (including private medical insurance, critical illness insurance, life assurance and group income protection insurance), provision of retailer discount scheme, provision of childcare vouchers, provision of recruitment and applicant tracking system, criminal record checks (this information may also be shared with the Safeguarding Officer of the Local Authority or NHS Commissioner of the service that you are assigned to), DVLA checks, background checks, credit reference checks, benefits provision and administration, and the provision of IT, vehicle tracking and phone tracking, telephone records and recordings of inbound and outbound calls, financial, legal, occupational health and HR services.
What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible transfer, sale or restructuring of the business or part of the business. We may also need to share your personal information with a regulator, or to otherwise comply with the law.
Transferring information outside the EU
We do not transfer any personal information outside of the EU.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Subject at all times to our duty to minimise the data we store and subject to compliance with our legal obligations and legitimate interests of the company, we envisage that we shall store personal data about employees for no longer than 6 years after the termination of their employment. Following termination of employment we will review, where possible, the personal data we hold and take steps to minimise the data retained where these requirements are met.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our data retention schedule contained within the organisation’s Information Governance Policy.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you
- Request the erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this
- Request the restriction of processing of your personal This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the organisation’s Data Protection Officer via the contact details provided in the contact section.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances and will provide justification should this be the case.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.
To exercise this right and withdraw your consent, please contact the Data Protection Officer in writing. Once we have received notification that you have withdrawn your consent and there is no legitimate or lawful reason for us to continue processing your personal information, we will no longer process it for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you are unhappy about our use of your personal information, you can contact us in the contact section of this policy. You are also entitled to lodge a complaint with the UK’s independent regulator, the Information Commissioner, using any of the contact details below:
Tel. 0303 123 11113
Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
If you have any questions, queries or would like to contact us about our processing of your personal information, including exercising your rights as outlined in this policy, please contact us either by one of the methods below:
Post: Data Protection Officer, Millbrook Healthcare Limited, Nutsey Lane, Calmore Industrial Park, Totton, Hampshire, SO40 3XJ