Please read this Privacy Notice carefully as it describes our collection, use, disclosure, retention and protection of your personal information. Where you provide us with your personal information described below, you agree that we may collect, store and use it a) in order to perform our contractual obligations to you, b) based on our legitimate interest for processing (i.e. for internal administrative purposes or for the detection or prevention of crime) or c) based on your consent, which you may withdraw at any time, as described in this Privacy Notice.
As part of any recruitment process, the Employer collects and processes personal data relating to job applicants. The Employer is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations, in accordance with the General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”).
Who we are
The Data Controller is Comland Commercial Ltd a company registered in England under number 03463248 whose registered office is at Lunar House, Mercury Park, Wooburn Green, Buckinghamshire, HP10 0HH (“the Employer”).
What information does the Employer collect?
The Employer collects and processes a range of information about you. Including, but not limited to:
- your name, address and contact details, including email address and telephone number, date of birth and gender;
- details of your qualifications, skills, experience and employment history, including start and end dates, with previous Employers and with the Employer;
- information about your current level of remuneration, including entitlement to benefits such as pensions or insurance cover;
- information about your marital status, next of kin, dependants and emergency contacts;
- information about your nationality and entitlement to work in the UK;
- information about your criminal record;
- information about medical or health conditions, including whether or not you have a disability for which the Employer needs to make reasonable adjustments; and
- equal opportunities monitoring information including information about your ethnic origin, sexual orientation and religion or belief.
- CCTV footage.
The Employer may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from the public domain; from correspondence with you or through interviews, meetings or other assessments.
The Employer may also collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks. Unless you agree otherwise, the Employer will seek information (other than that which is in the public domain) from third parties only once a job offer to you has been made and will inform you that it is doing so.
Data will be stored in a range of different places, including in your personnel file, in the Employer’s HR management systems and in other IT systems (including the Employer’s email system).
Why does the Employer process personal data?
The Employer needs to process data to take steps prior to entering into a contract with you. It may also need to process your data to enter into a contract with you.
In some cases, the Employer needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check a successful applicant’s eligibility to work in the UK before employment starts.
The Employer has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows the Employer to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. The Employer may also need to process data from job applicants to respond to and defend against legal claims.
The Employer may process special categories of data, such as information about ethnic origin, sexual orientation or religion or belief, to monitor recruitment statistics. It may also collect information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. The Employer processes such information to carry out its obligations and exercise specific rights in relation to employment.
For some roles, the Employer may seek information about criminal convictions and offences. Where the Employer seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to employment or is otherwise permitted to do so.
If your application is unsuccessful, the Employer may keep your personal data on file in case there are future employment opportunities for which you may be suited. The Employer will ask for your consent before it keeps your data for this purpose and you are free to withdraw your consent at any time.
Who has access to data?
Your information will be shared internally with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, and other associated companies.
Your information may be shared internally for the purposes of the recruitment exercise. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy and IT staff if access to the data is necessary for the performance of their roles.
The Employer will not share your data with third parties without your consent, unless your application for employment is successful and it makes you an offer of employment. The Employer will then share your data with former employers to obtain references for you, employment background check providers to obtain necessary background checks and the Disclosure and Barring Service to obtain necessary criminal records checks.
The Employer may also share your data with third parties in the context of a sale or transfer of some or all of its business. In those circumstances, the data will be subject to confidentiality arrangements.
The Employer may also share your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits and the provision of occupational health services
We may use third parties based outside of the European Economic Area (“EEA”) to help us provide these applications and services and this means that we may transfer your information to service providers outside the EEA.
We take steps to ensure that where your information is transferred outside of the EEA by our service providers and hosting providers, appropriate measures and controls in place to protect that information in accordance with applicable data protection laws and regulations as determined by the European Commission.
How does the Employer protect data?
The Employer takes the security of your data seriously. The Employer has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.
Where the Employer engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
For how long does the Employer keep data?
If your application for employment is unsuccessful, the Employer may hold your data on file for 12 months after the end of the relevant recruitment process. If you agree to allow the Employer to keep your personal data on file, the Employers may hold your data on file for a further 12 months; or such longer period as you agree to; for consideration for future employment opportunities. At the end of that period, or once you withdraw your consent, your data is deleted or destroyed.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice. (Employee Privacy Notice)
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require the Employer to change incorrect or incomplete data;
- require the Employer to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
- object to the processing of your data where the Employer is relying on its legitimate interests as the legal ground for processing.
If you would like to exercise any of these rights, please contact the HR Department.
If you believe that the Employer has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to the Employer during the recruitment process. However, if you do not provide the information, the Employer may not be able to process your application properly or at all.
Implementation of Policy
This Policy shall be deemed effective as of 25/05/2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.