Data Privacy Notice – Applicants

1. 1. 1. ABOUT THIS DATA PRIVACY NOTICE
      This notice is designed to provide information on how St Clements Services Limited (referred to as “we”, “us”, “our”) processes the personal data of job applicants (referred to as “you”, “your”) who apply to us for a job.
      
      As a data controller, we are responsible for deciding how we process personal data about you. We take your privacy seriously and we are fully committed to protecting your personal data at all times. We will only process your personal data in accordance with applicable data protection laws, adhering to the principles (as applicable) contained within the Data Protection Act 2018.
      
      This notice does not form part of any offer of employment and it may be amended at any time to reflect any changes in the way we process your personal data. If you are in the application process when any changes or updates are made to this notice, we will bring such any such changes to your attention as soon as is practicable.
      
      The HR & Office Facilities Manager is responsible for ensuring that this privacy notice is maintained and can be contacted at jobs@st-clements.co.uk.
    2. THE KIND OF INFORMATION WE HOLD ABOUT YOU
      “Personal data” is any information about a living individual from which they can be identified. It does not include data where any potential identifiers have been removed (anonymous data) or data held in an unstructured file.
      There are “special categories” of more sensitive personal data which require a higher level of protection.
      When we refer to “processing”, this means anything from collecting, using, storing, transferring, disclosing, altering or destroying personal data.
    3. RECEIVING YOUR PERSONAL DATA
      In addition to receiving personal data from yourself, we may obtain personal data and/or special category personal data about you from third party sources, such as recruitment agencies, job boards, networking sites such as LinkedIn, social media sites, personal referrals and occupational health professionals. Where we receive such information from these third parties, we will only use it in accordance with this notice. In some cases, the third party will be acting as a controller of your personal data and therefore you should read their privacy notice and/or data protection policy.
    4. HOW WE USE YOUR PERSONAL DATA
      4.1 Introduction
      We will only use your personal data 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 data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
      
      We process your personal data for various reasons, relying on a variety of different bases for lawful processing under data protection law, as set out below. You should note that some of the grounds for processing will overlap and there may be several grounds which justify our use of your personal data.
      
      We will only use your personal data 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 data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
      
      4.1.1 To Comply With Our Legal Obligations
      This may include:
      - Checks for eligibility to work in the UK as required by immigration laws, such as passport and visa documentation
      - Formal identification documentation relating to you such as a passport or driving licence, to verify your identity (including your date of birth).
      4.1.2 To Pursue Our (Or A Third Party’s) Legitimate Interests As A Business
      This may include:
      - Your contact details such as your name, address, telephone number and personal email address which may be used to communicate with you in relation to the recruitment process
      - Your CV, any education history, employment records, professional qualifications and certifications in order for us to consider your suitability for the job you are applying for
      - Details of the job role you are applying for and any interview notes made by us during or following an interview with you in order to assess your suitability for that role
      - Reference information which may include absence information received from referees
      - Pay and benefit discussions with you to help determine whether a job offer may be made to you
      - Voicemails, emails, correspondence and other communications created, stored or transmitted by you to our computing or communications equipment in order to progress the application through the recruitment process
      - CCTV footage of you onsite for security reasons, for the protection of our property and for health and safety reasons
      - Network and information security data in order for us to take steps to protect both your and our information against loss, theft or unauthorised access.
    5. HOW WE USE YOUR SPECIAL CATEGORY PERSONAL DATA
      We may also collect, store and use your special category personal data for a range of reasons, relying on a variety of different bases for lawful processing.
      
      5.1 To enable us to perform our legal obligations in respect of employment, social security and social protection law
      This may include:
      - Health information to assess and/or to comply with our obligations under employment, equal opportunities and health and safety legislation (for example a requirement to make reasonable adjustments to your working conditions).
      5.2 For occupational health reasons or where we are assessing your working capability
      This may include:
      - Information about your physical/mental health or disability status, to assess whether any reasonable adjustments are required for you during the recruitment process and where you are successful in your application, carrying out a medical assessment required for your role or any insurance benefits.
      5.3 Legal Claims
      This may include:
      - To establish, defend or exercise legal claims in an employment tribunal or any other court of law.
    6. INFORMATION ABOUT CRIMINAL CONVICTIONS
      We do not hold information about criminal convictions.
    7. AUTOMATED DECISION MAKING/PROFILING
      We do not make any decisions about you using automated means ie without any human involvement.
    8. DATA SHARING
      We may share your personal data and special category personal data internally where appropriate. In particular, it may be shared with employees, Directors, Line Managers, consultants, advisers and/or other appropriate persons who may be involved in the recruitment process for the job(s) you are applying for.
      We may share your personal data and special category personal data with third parties, agents, subcontractors and other organisations (as listed below) where it is necessary to administer the recruitment process with you or where we have a legitimate interest in doing so:
      - Occupational health providers
      - Recruitment agencies
      - Employee benefits providers
      - Providers of IT services
      - Providers of legal and other professional services including accounting and audit services.
      When we disclose your personal data to third parties, we only disclose to them any personal data that is necessary for them to provide their service and they are required not to use it other than in accordance with our specific instructions.
      
      We only disclose your personal data to third parties who we have used reasonable endeavours to ensure have adequate policies/procedures in place in relation to data security.
      
      We may also share your personal data and special category personal data with other third parties for other reasons. For example, in the context of the possible sale or restructuring of the business, to provide information to a regulator or to otherwise comply with the law. To comply with our legal obligations we may share your data with the following:
      - HMRC for tax purposes
      - Home Office for immigration purposes
    9. TRANSFERRING INFORMATION OUTSIDE THE UK
      We do not envisage that we will transfer your personal data outside of the UK. If we must transfer your data to countries which do not provide equivalent data protection standards, we will ensure appropriate safeguards are in place.
    10. DATA STORAGE AND SECURITY
      Your personal data and special category personal data is stored in a variety of locations, including electronically on our secure servers and in hard copy form in access restricted, locked filing cabinets. We take appropriate technical and organisational security measures and have rules and procedures in place to guard against unauthorised access, improper use, alteration, disclosure and destruction and accidental loss of your personal data.
      
      In addition, we limit access to your personal information to those 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 or actual data security breach and will notify you and the Information Commissioner’s Office of a suspected breach where we are legally required to do so.
      
      Whenever we propose using new technologies, or where processing is construed as high risk, we are obliged to carry out a Data Protection Impact Assessment which allows us to make sure appropriate security measures are always in place in relation to the processing of your personal data.
    11. DATA RETENTION
      We keep your personal data and special category personal data for as long as is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
      
      When applying for a job with us we compile and keep information about you which relates to your application for a job with us. Your information will be kept secure and will be used for the purposes of your job application as explained above. Your information will normally be kept on file for a 12 month period, unless there is a specific legal reason to retain your information for a longer period. Electronic copies of records may be kept for a further 12 months as part of an off-line back-up cycle.
      
      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 and retain such information without further notice to you, as it falls outside of the definition of personal data under the Data Protection Act 2018.
    12. YOUR DUTIES
      We encourage you to ensure that the personal data that we hold about you is accurate and up to date by keeping us informed of any changes to your personal data. You can update your details by emailing the HR & Office Facilities Manager at jobs@st-clements.co.uk.
    13. YOUR RIGHTS
      You may make a formal request for access to personal data and/or special category data that we hold about you at any time. This is known as a Subject Access Request. Such a request should be made in writing and we must respond within one month. Please note that we are permitted to extend the one month time period for responding by an additional two months where in our view your request is complex or numerous in nature. We may also charge a reasonable fee based on administrative costs where in our view your request is manifestly unfounded, excessive or a request for further copies. Alternatively, we may refuse to comply with the request in such circumstances.
      
      Under certain circumstances, by law you also have the right to request:
      - To have your personal data corrected where it is inaccurate
      - To have your personal data erased where it is no longer required. Provided that we do not have any continuing lawful reason to continue processing your personal data, we will make reasonable efforts to comply with your request
      - That your personal data be transferred to another person
      - To restrict the processing of your personal data where you believe it is unlawful for us to do so, you have objected to its use and our investigation is pending, or you require us to keep it in connection with legal proceedings
      - To object to your personal data being actively used, where we rely on legitimate business interests as a lawful reason for the processing of your data.
      The way we process your personal data and the legal basis on which we rely to process it may affect the extent to which these rights apply. If you would like to exercise any of these rights, please address them in writing to the HR & Office Facilities Manager.
      
      We may need to request specific information from you to help us to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is an appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
      
      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 withdraw your consent, please contact the HR & Office Facilities Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. If you withdraw your consent, our use of your personal data before your withdrawal is still lawful.
      
      You may complain to a supervisory body if you are concerned about the way we have processed your personal data, in the UK this is the ICO – www.ico.org.uk. Although you have the right to complain to the ICO, we encourage you to contact us first with a view to letting us help in resolving any queries or questions.
    14. QUESTIONS
      If you have any questions about any matter relating to data protection or the personal data and/or special category personal data that that we process about you, please contact the HR & Office Facilities Manager in the first instance.