Recruitment Privacy notice
Notice date: 4 January 2021
1. Important information
This privacy notice is given by Epoq Legal Ltd (referred to here as 'we'/'us'/'our').
We respect your privacy and are committed to protecting your personal data. Personal data 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).
This privacy notice will tell you how we look after your personal data and tell you about your privacy rights and how the law protects you.
Our details are:
Name: Epoq Legal Ltd
Registered in England and Wales
Registered number: 3707955
Registered office: Unit 2, Imperial Place, Maxwell Road, Borehamwood, WD6 1JN
We are the data controller of your personal data. This means that we decide when, why and how to process your personal data and we are responsible for looking after it and protecting your rights. In this privacy notice, we use the word process to cover all the different ways in which we handle your personal data, such as collection, use, storage and transfer.
2. What is the purpose of this privacy notice?
You are being sent a copy of this privacy notice because you are applying for work (whether as an employee, worker or contractor). In accordance with the General Data Protection Regulation ((EU) 2016/679) (GDPR), it makes you aware of how and why your personal data will be processed, namely for the purposes of the recruitment exercise, and how long it will usually be retained for.
We are required under the GDPR to give you the information contained in this privacy notice.
It is important that you read this privacy notice, as well as any other privacy notice we may give you on specific occasions when we are processing personal data about you, so you know how and why we are using your personal data.
3. Data protection principles
We will comply with data protection law and principles. This says that the personal data we process about you must 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
- Kept securely
4. The kind of data we hold about you
In connection with your application for work with us, we will process the following categories of personal data about you:
- The information you have provided in your covering letter
- The information you have provided in your curriculum vitae
- Any information you provide during an interview
- Any information you provide in the course of an telephone assessment
- Any information you provide on completion of a personality profile
- Any information you provide on completion of a skills test
We will also process those categories of personal data about you mentioned in section 5.
5. How is your personal data collected?
We collect personal data about you from the following sources:
- Your named referees, from whom we ask for the following categories of personal data about you: Dates of employment, position held, description of duties, feedback on performance, sickness absence. Reason for leaving, and whether they would re-employ
6. How we will use personal data about you
We will process the personal data we collect about you to:
- Assess your skills, qualifications, and suitability for the work or position you have applied for
- Carry out background checks
- Decide whether to enter into a contract with you and on what terms
- Communicate with you about the recruitment process
- Keep records related to our hiring processes
- Comply with legal or regulatory requirements
It is necessary to process your personal data for these purposes to ensure that we comply with legal, regulatory and other compliance obligations during the recruitment process and when we make decisions about you; and because it is in our legitimate interests to do so to ensure that decisions are made that are beneficial to our business.
7. If you fail to provide personal data
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 references for this role and you fail to provide us with relevant details, we will not be able to take your application further.
8. How we use particularly sensitive personal data
Special categories of particularly sensitive personal data require higher levels of protection. We need to have further justification for processing this type of personal data. 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 data in the following circumstances:
- In limited circumstances, with your explicit written consent
- Where we need to carry out our legal obligations or exercise rights in connection with employment
- Where it is needed in the public interest, such as for equal opportunities monitoring
Less commonly, we may process this type of data 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.
We do not need your consent if we use special categories of your personal data in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your application that you agree to any request for consent from us.
In connection with your application for work with us, we do not currently envisage that we will process any particularly sensitive personal data.
9. Information about criminal convictions
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 an appropriate policy document and safeguards which we are required by law to maintain when processing such data.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary 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.
In connection with your application for work with us, we do not envisage that we will process information about criminal convictions.
10. Automated decision making
Automated decision making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision making in the following circumstances:
- Where we have notified you of the decision and given you 21 days to request a reconsideration
- Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights
- In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights
If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision making, unless we have a lawful basis for doing so and we have notified you.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
11. Data sharing
Third party includes any third-party service provider (including contractors and designated agents) and other entities within our group.
We will not share your personal data with any third party.
12. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
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.
13. Data retention
We will retain your personal data for a period of 6 months after we have communicated to you our decision about whether to appoint you. 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 data in accordance with applicable laws and regulations.
If we wish to retain your personal data 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 data for a fixed period on that basis.
14. Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
- Request access to your personal data (commonly known as a data subject access request). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.
- Request erasure of your personal data. 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 data where you have exercised your right to object to processing (see below).
- Object to processing of your personal data 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 data for direct marketing purposes.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to another party.
If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact us.
You will not have to pay a fee to access your personal data (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.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the data (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
15. Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data 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 us. 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.
16. Contacting us
We have appointed a Data Protection Officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal data; if you would like any more information or you have any comments about this privacy notice; or if you would like to make any request to exercise your legal rights, please contact the DPO by email at firstname.lastname@example.org.
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 (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us first.
I understand by making an application I have agreed that I have read and understood Epoq Legal Ltd's Privacy notice.