Candidate Privacy Notice
1. What is the purpose of this document?
Limited ("we" or the "Company") is a "data controller". This means that the Company is responsible for deciding how we hold and use personal data about you. You are being sent a copy of this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
2. Data Protection Principles
We will comply with data protection law and principles, which means that your data will be:
- used lawfully, fairly and in a transparent way;
- collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
- relevant to the purposes we have told you about and limited only to those purposes;
- accurate and kept up to date;
- kept only as long as necessary for the purposes we have told you about; and
- kept securely.
3. The kind of information we hold about you
In connection with your application for work with us, we will collect, store, and use the following categories of personal data about you:
- the information you have provided to us in your CV and covering letter, including name, title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications;
- any information you provide to us during an interview and where applicable candidate test results.
We may also collect, store and use the following "special categories" of more sensitive personal data:
- information about your race or ethnicity, religious beliefs, sexual orientation and political opinions; and
- for FCA regulated positions only, information about criminal convictions and offences.
4. How is your personal data collected?
We collect personal data about candidates from the following sources:
- you, the candidate;
- Recruitment agencies, from which we collect the following categories of data: name, title, address, telephone number, personal offer, date of birth, gender, employment history, qualifications;
- our third party background check provider, from which we collect the following categories of data: information around criminal convictions and financial history for candidates for FCA regulated roles, including from the DBS in respect of criminal convictions; and
- your named referees, from whom we obtain a standard reference.
5. How we will use information about you
We will use the personal data we collect about you to:
- assess your skills, qualifications, and suitability for the work or role;
- carry out background and reference checks, where applicable;
- communicate with you about the recruitment process;
- keep records related to our hiring processes; and
- comply with legal or regulatory requirements.
It is in our legitimate interests to decide whether to appoint you to role since it would be beneficial to our business to appoint someone to that role. We also need to process your personal data to decide whether to enter into a contract of employment or engagement with you.
Having received your CV and covering letter and the results from any tests you were asked to complete as part of our application process, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the role or work. If we decide to offer you the role or work, we will then take up references, carry out criminal record checks where appropriate, and carry out any other relevant checks before confirming your appointment.
6. If you fail to provide personal data
If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for this role and you fail to provide us with relevant details, we will not be able to take your application further.
7. How we use particularly sensitive personal data
We will use your particularly sensitive personal data in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example during a test or interview.
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting. Any data that we use for equal opportunity monitoring purposes will be collected on an anonymous basis – candidates are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.
8. Information about criminal convictions
We envisage that we will process information about criminal convictions for FCA regulated roles and for senior management hires within the Company. We will collect information about your criminal convictions history if we would like to offer you the work or role (conditional on checks and any other conditions, such as references, being satisfactory). We are required to carry out a criminal records check in order to satisfy ourselves and the FCA that there is nothing in your criminal convictions history which makes you unsuitable for the role. In particular:
- we are legally required by the FCA to carry out criminal record checks for those carrying out regulated activities;
- and, for senior management roles, given the role for which you have applied requires a high degree of trust and integrity, we consider it appropriate to carry out such checks.
We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.
9. Automated decision-making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
10. Recipients of your personal data
We may disclose your personal data to members of our HR team, the relevant team managers in respect of the role you are applying for in order to take hiring decisions.
It may be necessary from time to time for us to disclose your personal data to third parties or agents, including without limitation to the following:
- third parties or agents of clients to assist in the administration, processing and management of certain activities pertaining to prospective employees including external reference agencies (such as employee vetting and screening agencies) and travel and expense management service providers;
- individuals or companies employed by the Company to carry out specific services, functions or consultancy work and other financial institutions;
- relatives or legal representatives of prospective employees;
- regulatory bodies to whom we are obliged or required to disclose information including Workplace Relations Commission, Courts and Court-appointed persons;
- relevant Government departments and agencies; and
- other support service providers necessary to support the organisation in the services listed.
Why might you share my personal data with third parties?
We will only share your personal data with our external reference provider, the third party background check provider referenced above and other group entities for the purpose of processing your application. All our third-party service providers and other group entities are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third-party service providers or group entities 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.
11. Transfer of personal data outside the EEA
The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"), for the purposes described above. Those countries may not provide an adequate level of protection in relation to processing your personal data. Due to the global nature of our business, your personal data may be disclosed to members of our group outside the EEA, including in particular in the USA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers who act on our behalf. We will ensure appropriate safeguards are in place to protect the privacy and integrity of such personal data.
12. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the HR team.
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.
13. How long will you use my information for?
We will retain your personal data for a period of 12 months after we have communicated to you our decision about whether to appoint you to the relevant role. We retain your personal data for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal data in accordance with applicable laws and regulations.
It is likely that we will wish to retain your personal data on file for up to 12 months, on the basis that a further opportunity may arise in future and we may wish to consider you for that. If so, we will write to you separately, seeking your explicit consent to retain your personal data for a fixed period on that basis.
14. Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to another party.
If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact the Company's HR team by email at SBlore-Rimmer@czarnikow.com.
15. Candidate Responsibilities
You should use all reasonable endeavours to keep us informed of any changes to your personal and special personal data. If you become aware of a data breach or a potential data breach in respect of personal data please report the matter immediately to the Company's HR team by email at SBlore-Rimmer@czarnikow.com.
You have the right to lodge a complaint with the UK's Information Commissioner's Office if you are unhappy with how your personal data is being handled.
17. Further Information
If you have any questions about this privacy notice or how we handle your personal data, or you require any further clarification regarding this privacy notice, please contact the Company's HR team by email at SBlore-Rimmer@czarnikow.com.