GDPR Privacy notice for candidates (UK)
1 WHAT IS THE PURPOSE OF THIS DOCUMENT?
1.1 Southern Housing Group Limited is committed to protecting the privacy and security of your personal information.
1.2 Southern Housing Group Limited 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. We are required under data protection legislation to notify you of the information contained in this privacy notice.
2 DATA PROTECTION PRINCIPLES
2.1 We will comply with data protection law. This says that the personal information we hold about you must be:
(a) Used lawfully, fairly and in a transparent way.
(b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
(c) Relevant to the purposes we have told you about and limited only to those purposes.
(d) Accurate and kept up to date.
(e) Kept only as long as necessary for the purposes we have told you about.
(f) 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, such as information about a person's health or sexual orientation.
3.3 We will collect, store, and use the following categories of personal information about you:
3.3.1 The information you have provided to us in your curriculum vitae, supporting statement and covering letter.
3.3.2 The information you have provided on our application form, including name, title, address, telephone number, personal email address, date of birth, gender, marital status, nationality, ethnic origin, sexual orientation, religion, disability, criminal record, employment history, education, qualifications and previous employment history.
3.3.3 Any information you provide to us during an interview.
3.3.4 A copy of your driving licence, the results of a Driver and Vehicle Licencing Agency (DVLA) check and confirmation that you have access to a vehicle for business use, where relevant for the role.
3.3.5 Right to work documentation.
3.3.6 The results of any tests results that you were required to take as part of the application process.
3.3.7 Declaration of interest, in particular whether you are related to any board member of Southern Housing Group Limited or its subsidiary companies, or whether you are a resident of Southern Housing Group Limited or any of its subsidiaries.
3.4 We may also collect, store and use the following "special categories" of more sensitive personal information:
3.4.1 Information about your race or ethnicity, religious beliefs, sexual orientation, gender reassignment and political opinions.
3.4.2 Information about your health, including any medical condition, health and sickness records;
3.4.3 Information about criminal convictions and offences.
4 HOW IS YOUR PERSONAL INFORMATION COLLECTED?
4.1 We collect personal information about candidates through the application and recruitment process, either directly from candidates or sometimes from an employment agency or, a background check provider.
4.2 We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies, occupational health providers, pension providers, the DVLA, the Disclosure and Barring Service (DBS) in respect of criminal convictions (where relevant for the role) and companies that provide the tests that make up part of the application process.
5 HOW WE WILL USE INFORMATION ABOUT YOU
5.1 We will only use your personal information when the law allows us to.
5.2 We will use the personal information we collect about you to:
5.2.1 Assess your skills, qualifications, and suitability for the work/ role.
5.2.2 Carry out background and reference checks, where applicable.
5.2.3 Make reasonable adjustments during the recruitment process, where appropriate.
5.2.4 Communicate with you about the recruitment process.
5.2.5 Keep records related to our hiring processes.
5.2.6 Comply with legal or regulatory requirements.
5.3 It is in our legitimate interests to decide whether to appoint you to the role or work since it would be beneficial to our business to appoint someone to that role or work.
5.4 We also need to process your personal information to decide whether to enter into a contract, including a contract of employment, with you.
5.5 Having received your CV and covering letter or your application form and the results from the tests you took as part of the 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 a criminal record check (where relevant for the role) and carry out a credit reference check (where relevant for the role) before confirming your appointment.
If you fail to provide personal information
5.6 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.
Change of purpose
5.7 We will only use your personal information 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
5.8 Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6 HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION
6.1 "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 have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
6.1.1 We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.
6.1.2 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.
7 INFORMATION ABOUT CRIMINAL CONVICTIONS
7.1 We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
7.2 We envisage that we will process information about criminal convictions.
7.3 We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions from you and/or from the DBS as part of the recruitment process. We will use information about criminal convictions and offences in the following ways:
7.3.1 To ensure you are legally entitled to carry out your role and to work with certain categories of people.
7.3.2 To assess if there is any risk posed to clients, service users, other employers, workers, contractors or to Southern Housing Group's reputation.
7.4 We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.
8 AUTOMATED DECISION-MAKING
8.1 Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
9 DATA SHARING
9.1 We may have to share your data with third parties, including third-party service providers and other entities in the group. This will be only for the purposes of processing your application (for example to receive references, undertake DBS or DVLA checks or to gather information about your performance on recruitment tests)
9.2 We require third parties to respect the security of your data and to treat it in accordance with the law. 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.
10 DATA SECURITY
10.1 We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties 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. Details of these measures may be obtained from the Data Protection Manager.
10.2 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.
11 DATA RETENTION
How long will you use my information for?
11.1 We will retain your personal information for a period of 3 months after we have communicated to you our decision about whether to appoint you to the role or work. We retain your personal information 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 information in accordance with the applicable laws and regulations.
11.2 If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.
12 RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your rights in connection with personal information
12.1 Under certain circumstances, by law you have the right to:
12.1.1 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.
12.1.2 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.
12.1.3 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).
12.1.4 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.
12.1.5 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.
12.1.6 Request the transfer of your personal information to another party.
12.2 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 the Head of HR Services in writing.
No fee usually required
12.3 You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
12.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
13 RIGHT TO WITHDRAW CONSENT
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 Head of HR Services. 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.
14 DATA PROTECTION OFFICER
We have appointed a Data Protection Manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Protection Manager. 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 the Head of HR Services, Southern Housing Group, Spire Court, Albion Way, Horsham, West Sussex RH12 1JW. 01403 224515