Recruitment Policy

 

Introduction

This document sets out the basis upon which we process your personal information (data) in relation to candidates for positions as workers or employees with us - i.e. the personal information of employee and worker candidates for recruitment ("Candidates").

This Data Protection Policy is broken down into the following sections:

  1. Key Information
  2. Privacy Notice
  3. Sharing and Transfer of Personal Data

Section 1 contains the key information you need to know relating to your data protection rights, how we, as a data controller, process your personal information, and how we comply with your individual data protection rights.

Section 2 also provides some further detail supporting Section 1.

 

Data Protection Principles

We will comply with data protection law, which means that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

 

Responsibility for data protection

Responsibility for Candidates' data protection lies with our HR Department.

  • Key Information:
  • Sharing and Transfer of Personal Data
  • Privacy Notice

Processing your Personal Information (Candidates for recruitment)

Introduction

Under UK data protection law and the European General Data Protection Regulation (GDPR), we are required to tell you how we collect and use ("process") your personal information.

The attached "privacy notice" provides you with more detail regarding your personal information which we process and our reasons for doing so.

We are entitled to process your personal information if:

  1. We have a "justification" for doing so; or
  2. We have your consent.

We do not need your consent in circumstances where we already have a justification for the processing of your personal information. This document sets out the basis upon which we do have justification for processing your personal information.

Consent and implied consent

If you have applied, made an enquiry, approached us, or expressed an interest in being considered for or appointed to a role with us, whether that is a specific role or otherwise, then that shall be treated as your consent to our processing your personal information for that purpose, such that we may need it. You may withdraw that consent at any time, by informing us of your wish to do so, but you should be aware that we may still have a legal justification for processing your personal information on one of the bases set out below

We shall inform you if it is our intention to keep your name on file for future vacancies, at which point you have the opportunity to have your details removed from our records (if you would rather we do not hold your details on file).

In any other circumstances where we believe that we may need your consent to process your information in a certain way, we shall ask you for your consent using a "consent form". If you do give consent, then you may withdraw your consent again later. Under GDPR, consents must be unbundled. This means that individual consent requests must be provided separately from documents such as recruitment packs.

We have the following justifications for processing your personal information

We may process your personal information as a Candidate where it is necessary:

  • To enable us to comply with our legal obligations as an employer (or potential employer).
  • To enable us to comply with our other legal obligations as an organisation (such as our legitimate contracts or any regulatory requirements).
  • To protect your vital interests, or those of another individual (i.e. protection of life)     
  • Where we, or another person/organisation, have other legitimate interests for doing so (so long as your own fundamental rights do not override them).

We have the following justifications for processing your sensitive personal information

Your "sensitive" personal information includes information about the following things:

•          Racial or ethnic origin

•          Political opinions

•          Religious and philosophical beliefs

•          Trade union membership

•          Health, sex life, or sexual orientation

•          Genetic and biometric data

We may process your sensitive personal information where it is necessary:

•         To carry out and comply with our legal obligations as an employer (specifically rights and obligations in the context of employment law or laws relating to Social Security and social protection);

•         For establishing, exercising, or defending legal claims;

•         To protect your vital interests, or those of another individual in circumstances where you are incapable of giving consent;

•         For statistical purposes, subject to appropriate safeguards

Accuracy of personal information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.

Your rights in relation to your personal information

In addition to the information provided to you within, and in accordance with, this document, you also have the following rights in relation to your personal information:

  • Right of Access
    • You may request access to your personal information, which we hold or process, by making a "data subject access request".
    • Your request should be made in writing to our HR Department.
    • If you request access to a large amount of information, we may ask you to more clearly specify the information to which your request relates.
    • We shall provide you with access to the requested information unless your request is manifestly unfounded or excessive, or if it adversely affects the rights of someone else.
  • Right to Correction
    • You may require us to correct any inaccurate personal information, or complete any incomplete personal information, that we hold about you.
    • You should request any such correction in writing to our HR Department.
  • Right to Erasure
    • Also known as the right to be forgotten - You have the right to request the erasure of personal information if: a) it is no longer necessary for us to hold it for the purpose it is or was intended; or b) if you withdraw previously given consent; and (in both cases) we do not have any other legal justification for holding that information.
    • You should request any such erasure in writing to our HR Department.
  • Right to Object
    • You have the right to object to our processing of your personal information based on legitimate interests; or the performance of a task in the public interest; or for the purposes of statistics.
    • You also have the right to object to the processing of your personal information for direct marketing purposes, if relevant.
    • Your objection must be made on grounds relating to your particular situation.
    • Your objection must be made in writing to our HR Department.
    • If these conditions are met, we shall stop processing that personal information, unless we have compelling legitimate grounds for the processing, which justify its continued processing; or unless the processing is necessary for the establishment, exercise or defence of legal claims.
  • Right to make a complaint
    • If you believe that we have breached your data protection rights, you may complain to our HR Department.
    • If you are still unhappy with our personal information rights practices, you may complain or report a concern to the Information Commissioner's Office. Details can be found at: https://ico.org.uk/concerns/

 

We may share your personal data with our parent company Lumenpulse Group, based in Longueuil, Quebec for the purposes of the data storage and backing up of our IT systems.

This transfer of our Personal Data is based on the European Commission's Decision of Adequacy of 20 December 2001 on the adequacy of the data protection safeguards under Canadian Federal law applicable to Canadian commercial organisations.

Lumenpulse Group shall only use your personal data for the purposes of hosting backup files and will not further process or take decisions based on the transferred personal data unless in accordance with our express instructions and on the basis that we set out under our "Key Information: Processing your Personal Data" section of this document.

Any transfers shall be made, using via our VPN.

Key Contacts

If you have any questions about the processing of your personal information, you should contact our HR Department.

 

Candidate for Recruitment

We shall process the following personal information for the reasons outlined in the attached Key Information: Processing your Personal Information (Candidates for Employment) document. 

•         Information in relation to your contact details.   

•         Any personal information you provide voluntarily during the recruitment process.

•         Information regarding your employment history, suitability for work, qualifications, capability, training and development.

•         Information relating to your performance in the recruitment and assessment process.

•         Information relating to your entitlement to work in the UK (or any other territory in which you are required to work).

•         Information relevant to yours and others' health and safety, or wellbeing and ability to take part in the recruitment process.

•         Communications records including internet browsing history, phone call logs, text email and instant messaging or similar, where such communications are made or received using company devices, equipment or systems.

•         Information for equal opportunities monitoring.

We are legally obliged to share some of your personal information with the following organisations in respect of their legitimate interests

•        Recruitment agencies who may have passed your CV or applications to us.

We currently engage the following organisations to provide us with outsourced services with whom we shall share some of your personal information for the specified purpose

•        PeopleCheck™
          No. 1 Berkeley Street, London W1J 8DJ

Is your personal information processed for direct marketing purposes?

•        No

Details of any cross-border transfers of your personal information and reasons for doing so

•        Only within Lumenpulse Group, our parent company based in Quebec

If you are successful in securing a position with us, your personal information shall be processed in accordance with our "Employees and Workers - Data Protection Policy", a copy of which is available upon request.

If you are not successful in securing a position with us, we shall retain certain personal information relating to you, mostly in order to explain or justify the decision we have made if necessary. We shall also retain summary information for our legitimate interest of assisting with future recruitment opportunities and or processes (including avoiding unnecessary cost).

If you are not successful in securing a position with us, we shall retain the following personal information about you for the reasons and durations stated below (unless there is a clear business or legal reason for exceeding such durations in the circumstances):

 
 

Period

Description

During the recruitment process

All information, except anything that is known to be incorrect or which we have agreed to discard.

No longer than necessary in order to record the outcome of such checks

DBS checks

Six months following any decision not to offer you a position

Summary record of DBS outcome and details of Immigration checks

Six months following any decision not to offer you a position

Full details and information provided via your CV or application.

Full information regarding your employment history, suitability for work, qualifications, capability, training and development.

Full records relating to your performance in the recruitment and assessment process.

Four years from the date on which the report was made - in order to address any potential future claim which may be made.

Records of any reportable accident, death or injury in connection with the recruitment process.

Five years following the conclusion of the recruitment process - in order to make reference to information in respect of future recruitment opportunities or processes.

Summary information provided via your CV or application.

Summary information regarding your employment history, suitability for work, qualifications, capability, training and development.

Summary information relating to your performance in the recruitment and assessment process.
 
 

The following personal information is subject to automated processing, with the potential consequences stated

None
 

We have or may collect personal information about you from the following sources in relation to assessing your suitability for a position with us.

Information regarding your employment history experience and suitability for work - Previous Employers or other referees