Data Controller details
The company is a data controller, meaning that it determines the processes to be used when using your personal data. Our contact details are as follows: Debbie Gearon Winchester House, 34 Crescent Road, Worthing, West Sussex BN11 1RL.
Data protection principles
In relation to your personal data, we will:
- Process it fairly, lawfully and in a clear, transparent way
- Collect your data only for reasons that we find proper for the course of your employment in ways that have been explained to you.
- Only use it in the way that we have told you about
- Ensure it is correct and up to date
- Keep your data for only as long as we need it
- 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
Types of data we process
We hold many types of data about you, including:
- Your personal details including your name, address, date of birth, email address, phone numbers
- Your photograph
- Gender
- Marital status
- Health questionnaire including whether or not you have a disability
- Information included on your CV and/or application, including references, education history and employment history
- Documentation relating to your right to work in the UK
- Driving license
How we collect your data
We collect data about you in a variety of ways including the information you would normally include in a CV, job application cover letter, application form, health questionnaire or notes made by 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 directly from you in the form of official documentation such as your driving license, passport or other right to work evidence.
In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit references agencies.
Personal data is kept in individual personnel files and within the company’s HR, Payroll systems.
Why we process your data
The law on data protection allows us to process your data for certain reasons only:
- In order to perform the employment contract that we are party to
- In order to carry out legally required duties
- In order for us to carry out our legitimate interests
- In order to protect the health and wellbeing of staff
- To protect your interests and
- Where something is done in the public interest.
All of the processing carried out by us falls into one permitted reasons. Generally, we will rely on the first three reasons set out above to process your data.
We need to collect your data to ensure we are complying with legal requirements such as:
- Carrying out check in relation to your right to work in the UK and
- Making reasonable workplace adjustments for any known health concerns or disabilities.
We also collect data so that we can carry out activities which are legitimate interests of the Company. We have set these out below:
- Making decisions about who to offer employment to
- Making decisions about salary and other benefits
- Assessing training needs
- Dealing with legal claims made against us
- To assist with our commitment to safeguarding best practice
- In line with Care Quality Commission (CQC) Regulations regarding safeguarding (fit and proper persons employed)
If you are unsuccessful in obtaining employment, your data will not be used for any reason other than in the ways explained and in relation to the specific application you have made. If you unsuccessful but the recruiting manager would like to retain your details in case of a similar vacancy arising, we will seek your consent. If you consent, we will keep your details for a period of 12 months (6 months more than we normally keep your data) after the end of the recruitment exercise. You are free to withhold your consent to this and there will be no consequences for withholding consent. You may also withdraw at any time.
Special categories of data
Special categories of data are data relating to your:
- Health
- Sex life
- Sexual orientation
- Race
- Ethnic origin
- Political opinion
- Religion
- Trade union membership and
- Genetic and biometric data.
We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when the following applies:
- You have given explicit consent to the processing
- We must process the data in order to carry out our legal obligations
- We must process data for reasons of substantial public interest
- You have already made the data public
We are committed to employment procedures and conditions that provide for equal opportunities. Our policy aims to ensure that unfair discrimination does not take place at any stage of the recruitment process or during the employee life cycle. By providing the information requested on our Equal Opportunities form you are helping us to monitor this policy, enabling us to report on the kind of talent we are attracting to the organisation and to identify and barriers to equal opportunities. We will use the information provided to produce reports as specified as above, in the legitimate interests of the organisation.
We do not need your consent if we use special categories of personal data in order to carry out our legal obligations or exercise specific rights under employment law. However, we may ask for your consent to allow us to process certain particularly sensitive data, including health related data if this occurs, you will be made fully aware of the reasons for 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 also be no consequences where consent is withdrawn.
If you withdraw your consent to processing your sensitive data but it is a legitimate interest to continue to process parts of it, we will anonymise the data (remove your personal details).
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 (our policy is to renew checks every 3 years in line with safeguarding best practice, or for example if an employee’s role changes) should you be successful in obtaining employment. We use criminal conviction data in the following ways:
- to ensure that we recruit the most suitable applicant to the post
- to understand and assess any risk that might exist in the role should the applicant have a conviction (for example how relevant it is to the role)
- in order for us to carry out our legitimate aims
- because of our legal obligation as a care provider to safeguard our service users
If you do not provide your data to us
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 able to process, or continue with (as appropriate), your application.
Sharing your data
Your data will be shared with colleagues within the Company where it is necessary for them to undertake their duties with regard to recruitment. This includes, for example, the HR department, those in the department where the vacancy is who are responsible for screening your application and interviewing you, and the IT department (where you require access to our systems to undertake any assessments requiring IT equipment). In some cases, we will collect data about you from third parties, such as employment agencies. 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:
- obtain references as part of the recruitment process
- obtain a criminal records check
- to comply with law (E.g., HMRC)
We do not share your data with bodies outside of the European Economic Area.
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 – please refer to the HR, Payroll and Occupational Health Document Retention and Disposal Policy and organisational Information Governance and Data Protection Policies. 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 GDPR requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
How long we keep your data for
In line with data protection principles, we only keep your data for as long as we need it for and this will depend on whether or not you are successful in obtaining employment with us.
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 6 months once the recruitment exercise ends.
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 already withdrawn your consent to our processing of your data in the additional 6 months, in which case it will be deleted or destroyed upon your withdrawal of consent.
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 available to you.
Automated decision making
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.
Your rights in relation to your data
The law on data protection gives you certain rights in relation to the data we hold on you. These are:
- 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
- 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
- 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
- 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
- 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
- the right to portability. You may transfer the data that we hold on you for your own purposes
- 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
- 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 way that adversely affects your legal rights.
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 consequences 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.
If you wish to exercise any of the rights explained above, please contact Debbie Gearon.
Making a complaint
The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.
