Privacy Notice for Job Applicants / Candidates
What is the purpose of this document?
1.1 Everflow Group (“we” or “us” or “our”) is committed to protecting the privacy and security of your personal information.
1.2 This privacy notice describes how we collect and use personal information about you during your application and recruitment process for employment with us, in accordance with the General Data Protection Regulation (GDPR).
1.3 Everflow Group is a "data controller". This means that we are responsible for deciding how we hold and use personal information 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 GDPR.
Everflow Group (“we” or “us” or “our”) is committed to protecting the privacy and security of your personal information.
2. Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
2.1 Used lawfully, fairly and in a transparent way.
2.2 Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
2.3 Relevant to the purposes we have told you about and limited only to those purposes.
2.4 Accurate and kept up to date.
2.5 Kept only as long as necessary for the purposes we have told you about.
2.6 Kept securely.
3. The kind of information we hold about you
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
3.2 There are "special categories" of more sensitive personal data which require a higher level of protection (explained in more detail below).
3.3 We will collect, store, and use the following categories of personal information about you as part of our application and selection process:
3.3.1 personal contact details such as name, title, addresses, telephone numbers, and personal email addresses;
3.3.2 date of birth;
3.3.3 gender;
3.3.4 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);
3.4 We may also collect, store and use the following "special categories" of more sensitive personal information but only if you have disclosed this to us or a DBS check has been carried out:
3.4.1 Information about your race or ethnicity.
3.4.2 information about your health, including any medical condition, health and sickness records;
The information above is not used for the purposes of determining whether to make an offer of employment but only for equal opportunities monitoring.
3.4.3 genetic information and biometric data;
This information may be used for the purposes of determining whether to make an offer of employment but only if relevant to the role you are applying for.
4. How is your personal information collected?
We collect personal information about you through the application and recruitment process, either directly from you (as a candidate) or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, from Linkedin, credit reference agencies or other background check agencies such as recruitment agents.
5. How will we use information about you?
5.1 We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
5.1.1 anticipation of performance of the employment contract;
5.1.2 where we need to comply with a legal obligation;
5.1.3 where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
5.2 We may also use your personal information in the following situations, which are likely to be rare:
5.2.1 where we need to protect your interests (or someone else's interests);
5.2.2 where it is needed in the public interest or for official purposes.
6. Situations in which we will use your personal information
6.1 The situations in which we will process your personal information are listed below:
6.1.1 making a decision about your recruitment or appointment;
6.1.2 determining the terms on which you will work for us;
6.1.3 checking you are legally entitled to work in the UK;
6.1.4 assessing qualifications for a particular job or task;
6.1.5 education, training and development requirements;
6.1.6 ascertaining your fitness to work;
6.1.7 complying with health and safety obligations;
6.1.8 to conduct data analytics studies to review and better understand employee retention and attrition rates;
6.1.9 equal opportunities monitoring.
6.2 Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
7. If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to properly assess your suitability for the role, nor comply with our legal obligations (such as to ensure the health and safety of candidates).
8. How we use particularly sensitive personal information
8.1 "Special categories" of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
8.1.1 in limited circumstances, using your explicit written consent;
8.1.2 where we need to carry out our legal obligations or exercise rights in relation to your employment with us and in line with our data protection policy;
8.1.3 where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and always in line with our internal employment policies.
8.2 Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed 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.
9. Our obligations as an employer
9.1 We will use your particularly sensitive personal information in the following ways:
9.1.1 we will use information about your physical or mental health, or disability status, to ensure your health and safety in our workplace and to assess your fitness to work, to provide appropriate workplace adjustments (e.g. when a candidate is disabled);
9.1.2 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 reporting.
10. Automated decision-making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
1.1 Data sharing
11.1 Why might you share my personal information with third parties?
We will only share your personal information with third parties for the purposes of processing your application. 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.
12. Data security
12.1 We have put in place measures to protect the security of your information, including asking our employees to comply with our Data Privacy Policy. Full details of these measures are available upon request.
12.2 Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
13. Data Retention
13.1 How long will you use my information for?
13.1.1 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.
13.1.2 Generally speaking, unless you are employed by us, your data will be deleted / erased within 12 months of your application for a role with us.
13.1.3 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.
14. Rights of access, correction, erasure and restriction
14.1 Your rights in connection with personal information:
14.1.1 under certain circumstances, by law you have the right to:
14.1.1.1 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 it;
14.1.1.2 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 corrected;
14.1.1.3 request 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 delete or remove your personal information where you have exercised your right to object to processing (see below);
14.1.1.4 object to processing of your personal information 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 information for direct marketing purposes;
14.1.1.5 request the restriction of processing of your personal information. 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;
14.1.1.6 request the transfer of your personal information to another party.
14.2 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 Leeanne Hedley in writing.
14.3 When you applied for this role, you provided consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact Leeanne Hedley. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.
15. Data protection officer
We have appointed a DPO Adam Straker to oversee compliance with of this privacy notice. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.
If you have any questions about this privacy notice, please contact Leeanne Hedley on the following details: Leeanne@everflowgroup.com