Last Modified: Wednesday May 22 2024 14:32
1.
Why have you been given this
privacy notice?
Delight Supported Living Ltd is a “data
controller”. This means we are required under the UK data protection
legislation to notify you of how we will, collect process and store your
personal data during the application and recruitment process. We will also
explain what rights you have in relation to how we process your personal data.
2.
What
are our obligations to you in relation to how we process your personal data?
We are required by law to ensure that when
processing any of your personal data that it is:
·
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 in a form which permits you
to be identified for only as long as necessary for the purposes we have told
you about.
·
Kept securely.
3.
What
personal data will we collect, use and store about you?
In order to process your job
application we will collect the following information about you:
4.
How
do we collect your personal data?
We will collect this
information from a range of sources, which will include your application form,
CV, your passport or other identity documents, training documents, address documents,
Right to work documents including Certificates of sponsorship, or information
provided directly by you through interviews or other forms of assessment.
The organisation will also collect personal data about you
from third parties, such as references supplied by former employers, information
from employment background check providers, employment agencies and information
from criminal records checks.
5. How will we use your personal data?
Throughout the recruitment
process we will need to process your personal data for one or more of the
following lawful bases:
a)
Where
we need to process your personal data to take specific steps at your request
before entering into a contract with you or we need to process data to enter
into a contract with you. This may include making reasonable adjustments to the
recruitment process to accommodate disabilities as and when requested.
b)
Where we need to process your personal data to comply with a legal
obligation, for example if your application is successful we will check your
right to work in the UK before a job offer is made.
c)
Our legitimate reason for processing your personal data is to
enable us to gather data so that we can assess which candidate’s skills and
experience is the best match with our job role requirements and therefore
suitable for employment. We also need to process job application information in
order to respond to and defend against legal complaints. We will process your
personal data for these legitimate reasons provided that your interests and
fundamental rights do not override those interests.
d)
Where we need to protect your interests (or someone else’s
interests).
e)
Where it is needed in the public interest or for Official
Purposes.
6.
When will
we use your personal data?
During the application and
recruitment process and for a short period after the recruitment process, we
will use your personal information for specific purposes. The list below describes the purpose of our processing, the personal
data involved (from clause 3 above) and the lawful basis for our processing
(from clause 5 above):
Purpose |
Personal data involved |
Lawful basis for processing |
To complete an Enhanced
DBS (Disclosure & Barring Service) check. |
Identity information e.g.
Proof of address, passport or other ID documents. |
Any healthcare
professional who provides personal care to a vulnerable adult or child is
legally required to have an enhanced DBS check carried out. Health care is
classified as a ‘regulated’ activity and requires the highest level of background
checks. |
To confirm the Identity
of the candidate for Right-to-Work checks |
Passport, BRP card, right
to work share code, Date of birth, |
To ensure candidates have
the Right-to-work in the UK. |
Examples of purposes in
this context:
·
Assessing suitability to perform the Role
·
Interview
·
Checking your Right-to-work in the UK
·
Where the business carries out equal opportunities monitoring in
relation to special categories of data, which may relate to ethnic origin, sexual
orientation, health or religion or belief,
·
The Business is obliged to seek information about criminal
convictions and offences.
The
organisation will not use your data for any purpose other than recruitment purposes.
7.
What
happens if you do not provide us with information?
We will only ask
you to provide information which we believe is necessary for the application and
recruitment process. You are under no statutory or contractual
obligation to provide data during the recruitment process. However, if you do
not provide sufficient information, we may not be able to process your application
properly or at all. Also, we may not be able to meet
our legal obligations towards you with regard to reasonable adjustments.
8.
What
happens if we need to use your personal data for a new purpose?
We have indicated above a list of circumstances in which we will
use your data. We will usually only use your personal data as indicated.
However, if we consider that it is necessary and reasonable to use your
personal data for an unrelated purpose, we will notify you and explain the
legal basis which allows us to do so.
9. How
do we use your special categories information?
Any personal data which reveals
your ethnic origin, political opinions, religious and philosophical beliefs,
trade union membership, genetic, biometric or health data, sex life and sexual
orientations will be regarded as special categories of personal data. We will
only use this data in the following ways:
·
In order
to comply with employment and other laws to ensure that the recruitment process
is conducted in a fair and inclusive manner.
·
To ensure
we meet our health and safety and equality obligations towards you we will use
information about your physical or mental health or disability status to make appropriate
reasonable adjustments to the recruitment process.
·
Where it
is needed in the public interest, for example for equal opportunity monitoring
and reporting.
There may be circumstances where
we need to process this type of information for legal claims or to protect your
interests (or someone else’s) and you are not able capable of giving your
consent or where the relevant information has already been made public. An example
of what the list may look like is as follows:
Purpose |
Category of personal data |
Lawful basis |
Additional condition for
processing |
Equal opportunity monitoring |
Race information |
|
10. Do
we need your consent to use special categories data?
If we are
using your personal sensitive data in accordance with the lawful purposes set
out in this privacy notice, in these circumstances we do not need your written
consent to use sensitive personal data.
However,
in limited circumstances, we may request your written consent to allow us to
process your sensitive personal data. If
it becomes necessary to request your consent to process your sensitive personal
data, we will provide you with details of the information that we require and
why we need it, so that you can decide whether you wish to provide your consent.
It is not a condition of applying for the role with us that you must agree to
any request for consent. Giving consent will always be a decision made by your
free will/choice.
11. Criminal convictions
Given the nature of the role and duties you
will perform we, will request and
hold information about criminal convictions.
In addition, where applicable we will only
request this information if you are successful in your application and where we
are legally entitled to do so.
Where applicable, we will use information about criminal
convictions and offences in the following ways:
·
To confirm that our clients and their patients/service users will
be kept safe from harm as per the safeguarding guidelines for care from our
candidates who provide services to them.
12. Automated decision making
During the application & recruitment process, we
will not rely on any automated.
13. Will we share your personal data with third
parties?
We will not share your data
with third parties, unless your application for employment is successful and
you accept our offer of employment.
14. Which third-party service providers will we
share your personal data with?
If that
occurs, we will then share your data with:
·
Former Employers to Obtain References for you
·
Employment background checks to obtain necessary criminal records
checks, where applicable
· To confirm your Right-to-Work in the UK.
· To Clients and their chosen audit companies for compliance and auditing purposes.
15. Third party service providers and data
security
Third
party service providers are only permitted to process your personal data in
accordance with our specified instructions. They are also required to take
appropriate measures to protect your privacy and personal information. We do
not allow your information to be used by the third parties for its own purposes
and business activities.
16. Will we share your personal data with other
entities within our business group?
Your information will be
shared internally for the purposes of the recruitment exercise. This includes:
·
Members of the HR & recruitment Team
·
Interviewers involved in the recruitment
process
·
Managers in the business area with the vacancy
·
IT staff
17. Will we transfer your personal data outside of
the UK?
Only
for possible IT issues with our software if the company we use is non-UK-based.
We will have an IDTA (International data transfer agreement) in place with the
company used to comply with the current UK GDPR as per ICO guidance.
18. How do we ensure your personal data is secure?
We take your privacy and protection of data very seriously.
Consequently, we have put in place appropriate security measures to prevent
unauthorised use of your personal data. Details of the measures which are in
place can be obtained from our data protection officer. We will notify you and
any applicable regulator of any suspected unauthorised use of your personal
data.
19. How long will we keep your personal data?
We will retain your personal data for as long as is necessary to
fulfil the purposes for which it was collected for.
If your application for
employment is unsuccessful, we will hold your data on file for 6 months after
the end of the relevant recruitment process.
At the end of that period or once
you withdraw your consent your data will be 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 available in our data
retention policy.
20. How will we store your data?
Your
data will be stored in a number of different places, including on your
application record, in HR management systems and on other IT systems (including
email).
21. Your duty to inform us of any changes
In order that we can ensure that the personal data we hold in
relation to you is accurate, it is important that you keep us informed of any
changes to that data.
22. What rights do you have in respect of how we
use your personal data?
Subject to legal limitations you have the right to:
·
Request
access to your data: You can ask us to provide a copy of the personal data we hold
about you.
·
Request
corrections to be made to your data: If you think that your personal
data is incomplete, inaccurate you can ask us to correct it.
·
Request
erasure of your data: If you consider there is no lawful basis for us to continue
processing your data you can ask for that data to be deleted or removed.
·
Object to
the processing of your data: If our lawful basis for processing your data
relates to a legitimate business interest (or third party interest) you can
raise an objection to that interest. You can also object to us using your
information for direct marketing purposes.
·
Request
that processing restrictions be put in place: If you believe that your
information is being processed without a lawful reason or that the information
is incorrect you can request that a freeze/restricting is placed on the
processing of the information until your concerns are addressed.
·
Request a
transfer of your personal data: You can ask us to transfer your
personal data to a third party.
If you wish to exercise any of the above rights please contact our
company data protection officer.
23.
Will I
have to pay a fee?
You will
not be expected to pay a fee to obtain your personal data unless we consider
that your request for access to data is unfounded or excessive. In these
circumstances, we may charge you a reasonable fee or refuse to comply with your
request. We may also charge a reasonable fee where we have supplied a copy of
your personal data and you then request another copy of the same information.
24.
Before we
comply with your request
Whenever you make a request for access to personal data, to ensure
that we are releasing personal data to the correct person we may ask questions
to confirm your identity.
25.
Right to
withdraw your consent
If we have asked for your written consent to obtain information,
you have the right to withdraw your consent at any time. To withdraw your
consent please contact Our company data protection officer. Once we receive
your notice of withdrawal we will cease processing your data unless we have any
other lawful basis on which to continue processing that data.
26.
Who is
responsible for ensuring that rights and obligations under this privacy notice
are met?
We have appointed a data protection officer to ensure that your
personal information is handled in accordance with this privacy notice, the
data protection laws and any changes that might be made to those laws. If you
have any concerns or complaints relating to how we process your personal data
you are entitled to contact the Information Commissioner’s Office. This office
oversees all UK data protection issues.
27.
Important information
about this privacy notice
This
notice does not form part of any contract of employment or any other contract
to provide services. We reserve the right to amend or update this privacy
notice at any time. We will provide you with a new notice when we make any substantive
updates.
28.
How to
make a complaint
To exercise all
relevant rights, queries or complaints please in the first instance contact our
data protection officer on01462684757. If this does not resolve your complaint
to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via
email https://ico.org.uk/global/contact-us/email/ or
at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF, England.
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