Oxbourne House Apt 11 Lounge2

Recruitment Candidate Privacy Policy

Overview

We are committed to protecting and respecting your privacy.

This policy sets out the basis on which your personal data will be processed by us. We are committed to protecting your personal information and to being transparent about what information we hold.

For the purpose of the UK Data Protection Act (DPA 2018), which aligns to the European General Data Protection Regulations (“the GDPR”) the data controller is Portland Brown Ltd whose registered office is at 22 Stokes Croft, Bristol, BS1 3PR (“We”).

Registration no. 5452350

Registered in England & Wales

This privacy notice describes how we collect and use personal information about you during the recruitment process and applies to all candidates.

This Privacy Notice is for information only, it is not a contractual agreement.


Purpose

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.


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


Your Data

Data we collect from you

When you apply for a role with Portland, either directly, through a job board or via a recruitment agency, we may collect the following data during the recruitment process:

  • Your full name
  • Your date of birth
  • Your address
  • Your contact phone numbers
  • Your bank account details
  • Your emergency contact details
  • Your email address
  • Your National Insurance number
  • Your right to work information including your passport and visa details
  • Your driving licence details
  • Your career history (via your CV or other application)
  • Your education history and proof of qualifications

How we collect your personal data

In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:

  • Receiving information from you from your CV, covering letter and proof of your qualifications
  • Receiving information from you from an application form
  • Asking you to complete an employee details form if you complete a trial shift with us so that we can arrange payment for the shift
  • Receiving information through the employment screening process, either from your employment referees or the results of a criminal record check
  • Any information you provide to us during an interview
  • From your referees, recruitment agencies etc.

We may also collect, store and use the following "special categories" of more sensitive personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
  • Information about your health, including any medical condition, health and sickness records.; and
  • Information about criminal convictions and offences.


How We Use Your Data

Purpose and lawful basis for processing your data

In order to comply with various legal obligations as well as ensure that candidates are suitable for the roles they are applying for, it is necessary to collect and process personal data.

Where we progress the recruitment process to a trial shift, it is necessary to collect further data from you in order to meet certain obligations, for example tax rules, in order to pay you for a shift.

Details of the purpose of processing your data are outlined in Appendix 1 under the “Information used for?” column.

How we will use information about you

We will use the personal information we collect about you to:

  • Assess your skills, qualifications, and suitability for the work/role;
  • Carry out background and reference checks, where applicable;
  • Communicate with you about the recruitment process;
  • Keep records related to our hiring processes;
  • Pay you for trial shifts (where applicable); and
  • Comply with legal or regulatory requirements.

We need to process your personal information to decide whether to enter into a contract of employment with you, under a ‘contractual’ basis under the DPA 2018. We may also process some information under legitimate interests, or consent basis, where we deem it is suitable to do so. Certain data will be processed because we are legally required to.

Having received your CV and covering letter or your application form (including any test results as appropriate), 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/work. If we decide to offer you the role/work, we will then take up references and/or carry out a criminal record check as required before confirming your appointment.

If you fail to provide personal information

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 may not be able to process your application successfully. For example, if we require a criminal record check or references for this role and you fail to provide us with relevant details, we may not be able to take your application further.

How we use particularly sensitive personal information

We will use your particularly sensitive personal information 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 whether adjustments need to be made during a test or interview or as appropriate.
  • 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.
  • We may process information about criminal convictions. We will collect information about your criminal convictions history if we would like to offer you the work/role (conditional on checks and any other conditions, such as references, being satisfactory) where these checks are required.

In all cases, we have in place an appropriate safeguards for the protection of such data which we are required by law to maintain.


Transferring Your Data

Sharing your personal data

During the recruitment process we may share your personal data with third parties in order to complete pre-offer screening processes such as a criminal record check. We may also share your personal data so that we can pay you for any trial shifts that you complete during the process.

Details of the third parties that your data are shared with are outlined in Appendix 1 under the “Transferred for processing by others?” column.

We will not share your data with any other third party, except as allowed for in other privacy policies or required by law. We do not sell your personal data to third parties under any circumstances.

Transfer of personal data to countries outside of the EEA

Countries within the European Economic Area (EEA) are governed by the GDPR, and aligned local laws, and therefore if any of your personal data is transferred to third parties within the EEA they will be required to comply with and safeguard your data in line with the UK’s DPA 2018.

It is not envisaged that your data will be transferred to countries outside of the EEA. Where this is necessary (in order to fulfil our contractual obligations or for legal reasons), your data will only be transferred to third parties whose data protection laws have been assessed as adequate by the EU or where we deem adequate safeguards are in place.

Keeping Your Data

We will keep your personal data for a period of 1 year after the recruitment process for the role that you have applied for comes to an end. This is so that we can maintain accurate records of our recruitment processes.

Where we pay you for a trial shift, we may need to keep your data for longer. Please refer to our Privacy Notice for Employees, Workers & Contractors and Data Retention Policy. All data will be securely destroyed when it is no longer required.

If you exercise your right to erasure (see section 8.1.4), we will continue to hold some data (your name and the role that you applied for) for our record keeping purposes and as required by law. Further information is available in our Data Retention Policy.

Data security

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 Compliance Team by contacting data@portlandbrown.com.

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.


Your rights regarding your personal data

Under the DPA 2018, you have a number of rights regarding your personal data:

Right to be informed

This policy sets out the information you are entitled to receive regarding the personal data that we collect and store for you

Right of Access

You have the right to obtain confirmation that your data is being processed as well as access to the personal data that we hold for you.

Where you make such a request, we will respond as soon as possible and at the latest within one month of receipt of your request and this information will be provided free of charge.

If we consider that your request is unfounded or excessive, we reserve the right to charge a reasonable fee for providing such information. We may also extend the time taken to respond to you fully.

Right to rectification

You have the right to have personal data rectified where it is inaccurate or incomplete. You may put this request in writing to the HR Manager. Where a request is made, the data will be rectified as soon as possible and at the latest within a month of receiving your request.

Where applicable, we will notify relevant third parties of any changes to ensure that the data they are processing is rectified.

Right to erasure

You have the right to have your personal data erased if it is no longer necessary in relation to the purpose for which it was collected/processed. Where possible we will comply with all requests to erase your data, save for data that is necessary to meet any statutory requirements or our record keeping purposes.

Where we have transferred your personal data to third parties, we will inform them of this erasure.

Right to restrict processing

You have the right to request that we restrict processing your personal data if you believe that the data we hold is inaccurate. You can request that we restrict processing whilst we verify the accuracy of data that we hold. You may also request that we restrict processing if you have issues with how your data is being processed. This restriction may be put in place whilst we consider whether our legitimate grounds to processing your data supersede your request for restriction.

Where we have transferred your personal data to third parties, we will inform them of this restriction.

Right to data portability

You have the right to receive a copy of your personal data and/or have this data transmitted to another data controller. We will comply with any such requests as far as is reasonable but it may not be possible to transmit data in a way that is compatible with systems of another controller.

Right to object

You have the right to object to us collecting, storing and processing your personal data. Where an objection is made to us processing your data for direct marketing purposes, we will deal with this immediately and cease all marketing activities.

Where you object to us processing the data for legitimate interest grounds, we will consider this objection and will cease processing where possible. In some circumstances our legitimate grounds for processing your data may override your request.

Rights related to automated decision making including profiling

We do not operate any systems using automated decision making or profiling in relation to our recruitment processes.


Right to withdraw consent

Where you have provided information under a legal basis of ‘consent’, you have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact the Data Compliance Team on data@portlandbrown.com. Once we have received notification that you have withdrawn your consent, we will no longer process your data and, subject to our Data Retention Policy, we will dispose of your personal data securely.


Contacts

If you have any questions or concerns regarding this policy or the personal data that we hold and process for you, please contact the Data Compliance Team on data@portlandbrown.com.

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.


Appendix 1

Information Held

Information used for?

Transferred for processing by others?

Name

  • Recruitment records
  • Verifile check
  • References
  • Verifile

Date of Birth

  • Recruitment records
  • Verifile check
  • Verifile

Address

  • Recruitment records

N/A

Phone number

  • Recruitment records

N/A

Bank account details

  • Recruitment records

N/A

Emergency contact details

  • Recruitment records

N/A

Email address

  • Recruitment records

N/A

National Insurance Number

  • Recruitment records

N/A

Passport/birth certificate

  • Recruitment records
  • Right to work in the UK checks
  • Verifile
  • Verifile


Information Held

Information used for?

Transferred for processing by others?

Driving licence

  • Recruitment records
  • DVLA checks

N/A

Medical information

  • Reasonable adjustments to be made to recruitment process

N/A

Performance history

  • Recruitment records
  • Disciplinary procedures

N/A

Education history

  • Recruitment records

N/A