Job Applicant Privacy Notice
This Job Applicant Privacy Notice sets out what personal data we,
EEF, hold about you and how we collect and use it during and after the
recruitment process. It applies to anyone who is applying to work for us; whether
as an employee, worker, contractor, consultant, intern, volunteer, partner or
director, together, referred to as ‘Job Applicant’ or ‘you’.
Please note
that we will not necessarily hold, use or share all of the types of personal data described in this Privacy Notice
in relation to you. The specific types of data about you that we will hold, use
and share will depend on the role for which you are applying, the nature of the
recruitment process, how far you progress in the recruitment process and your
individual circumstances.
Please note
that in acknowledging an application we are not verifying the content,
accepting the application or making any offer of employment or engagement. We
are not obliged to accept any applications.
We are required by data protection law to give you the information in
this Privacy Notice. It is important that you read the Privacy Notice carefully,
together with any other similar or additional information that we might give
you from time to time about how we collect and use your personal data. Should your application be successful, when
you start work for us, we will provide you with another privacy notice that
explains how we deal with your personal data whilst you are working for us.
This Privacy
Notice applies from 25 May 2018, when the General Data Protection Regulation
comes into force. It does not give you any contractual rights. We may update
this Privacy Notice at any time.
Who is the controller? EEF is the
“controller” for the purposes of data protection law. This means that we are
responsible for deciding how we hold and use personal data about you.
What is personal data? Personal data means any information relating to a living
individual who can be identified (directly or indirectly) in particular by
reference to an identifier (e.g. name, NI number, employee number, email
address, physical features). It can be factual (e.g. contact details or date of
birth), an opinion about an individual’s actions or behaviour, or information
that may otherwise impact that individual in a personal or business capacity.
Data
protection law divides personal data into two categories: ordinary personal
data and special category data. Any personal data that reveals racial or ethnic
origin, political opinions, religious or philosophical beliefs, trade union
membership, physical or mental health conditions, sexual life or sexual
orientation, or biometric or genetic data that is used to identify an
individual is known as special category data. (The rest is ordinary personal
data).
What type of
ordinary personal data do we hold about you and why? At the
initial stages of recruitment, we collect, hold and use the
following types of ordinary personal data about you:
·
Information contained in your application form/CV/covering letter,
including your name, title, contact details, employment history, experience,
skills, qualifications/training (including educational, vocational, driving
licences where appropriate), referees’ names and contact details, etc.
·
Publicly available information about you, such as your business
social media presence
·
Selection information, including correspondence, interview and notes,
internal notes, the results of any written or online tests and assessments
We hold and
use this personal data so that we can:
·
process your application and correspond with you about it;
·
assess whether you have the required skills, experience,
qualifications and training for a role within the company;
·
make informed recruitment decisions;
·
keep appropriate records of our recruitment process and decisions;
What are our legal grounds for using your
ordinary personal data? Data protection law specifies the legal grounds
on which we can hold and use personal data.
We rely on
one or more of the following legal grounds when we process your ordinary
personal data:
·
We need it to take steps at your request in order to possibly enter
into a contract with you, because by applying for a job with us you are
effectively asking us to possibly enter into a contract with you at a later
date [whether this is an employment contract, a contract for services or
another type of contract].
·
We need it to comply with a legal obligation, e.g. the obligation
not to discriminate during our recruitment process.
·
It is necessary for our legitimate interests (or those of a third
party) and your interests and fundamental rights do not override those
interests. For example, it is in our legitimate interests to review and
consider your personal data (as listed above) so that we can select the most
appropriate candidate for the job.
What type of special category personal data do
we hold about you, why, and on what legal grounds? We will only
collect, hold and use limited types of special category data about you during
the recruitment process, as described below.
Since
special category data is usually more sensitive than ordinary personal data, we
need to have an additional legal ground (as well as the legal grounds
set out in the section on ordinary personal data, above) to collect, hold and
use it. The additional legal grounds that we rely on to collect, hold and use
your special category data are explained below for each type of special category
data.
At the
initial stages of recruitment, we collect, hold and use the
following special category data about you:
Equal opportunities monitoring Equal
opportunities monitoring data which could include information about your race
or ethnicity, religious beliefs, sexual orientation or health. We use this
information to monitor
equality of opportunity and diversity in our recruitment process. Our additional
legal ground for using this information is that it is necessary in the public
interest for the purposes of equal opportunities monitoring and is in line with
our Data Protection Policy.
We are an equal
opportunity employer (in accordance with applicable legislation) and do not
discriminate on the grounds of gender, ethnic origin, age, religion, sexual
orientation, non-disqualifying physical or mental disability or any other basis
covered by local legislation. All employment related decisions are made
entirely on merit.
Adjustments for disability/medical conditions Information
relevant to any request by you for adjustments to the recruitment process as a
result of an underlying medical condition or disability. We use this
information to
enable us to carry out a fair, non-discriminatory recruitment process by
considering/making reasonable adjustments to our process as appropriate. Our
additional legal ground for using this information is that we need it to comply
with a legal obligation/exercise a legal right in relation to employment –
namely, the obligations not to discriminate, and to make reasonable adjustments
to accommodate a disability – and such use is in line with our Data Protection
Policy.
How do we collect your personal data? You
provide us with most of the personal data about you that we hold and use, for
example in your written/ online application, by completing any assessments and
during any interviews.
The
provision of the services of WebSAF (WebSAF functionality allows candidates to upload commonly
asked personal details into an online application form. This information is
only uploaded to EEF’s online form at the candidate's request. The candidate
then has the opportunity to edit any of this information and then decide to
submit it). We may
monitor your use of this website and record your email address for our internal
purposes. This may be done via "cookies". For more information about
"cookies", please see the Information Commissioner's website at
http://www.dataprotection.gov.uk/privacy.htm#cookies. If you do not agree you
can choose not to receive a cookie file by enabling your Web browser to refuse
cookies or to prompt you before you accept a cookie.
Some of the
personal data we hold and use about you is generated from internal sources
during the recruitment process. For example, the person interviewing you may
score your suitability for the role and we record the reasons for decisions
made about whether or not your application is successful.
Some of the personal data about you that we hold and use may come
from external sources. For example, a recruitment agency provides us with a
shortlist of candidates. For some roles, we may also obtain information about
you from publicly available sources, such as your LinkedIn profile or other
media sources.
How we will use your personal data
We may use your application data
and contact details solely for the purposes of recruitment or marketing or
provision of WebSAF services, respectively, as more
fully described above. We may use information obtained about you from
monitoring your use of this website solely for internal purposes including site
performance, evaluation site use and creating of marketing reports to aid
future marketing of information about us and our products. Personal data
collected by monitoring will be aggregate, no personal data will be used other
than for the purpose for which it was originally obtained.
Your information may be
controlled and processed by any of our offices. You acknowledge and agree that
the location of our offices may change from time to time and that we may
acquire other offices in any number of other countries or territories at any
time, any one or more of which may act as a controller of and/or process your
information. We will not disclose your data to any other third party unless for
recruitment purposes or required to do so by law or regulators.
You acknowledge and
agree that we may from time to time transfer any of your contact details and/or
application data overseas to any of our offices or of any of our affiliates,
agents or appointed representatives. Some of our offices and those of our
affiliates, agents or representatives are located in countries outside the
European Economic Area which do not have well developed data protection
legislation when compared to European law.
Note: Wilson HCG, our
third party recruiter may store your records. Wilson HCG, as a supplier is
required to enter into a Privacy Agreement with EEF Ltd on no less stringent
terms than found in this privacy statement and to process your data solely in
accordance those terms.
Recruitment
agencies We engage recruitment agencies to provide us with the details of
suitable candidates for our available vacancies, to communicate with those
candidates, and to handle administration in connection with the recruitment
process. If we have received your initial application details from a
recruitment agency, we will share with them any of your personal data that is
necessary to enable them to fulfil their functions for us. Our legal grounds
for doing so are that: it is necessary for entry into a contract; and it is in
our legitimate interest to engage service providers to assist us with the
recruitment process.
Medical/occupational
health professionals We may share information relevant to any request by you for
adjustments to the recruitment process as a result of an underlying medical
condition or disability with medical/occupational health professionals to
enable us to identify what, if any, adjustments are needed in the recruitment
process. This information may also be used by the medical/occupational health
professionals to carry out assessments required by health and safety
legislation. Our legal grounds for sharing this personal data are that: it is
necessary for entry into a contract; it is in our legitimate interests to
consider adjustments to enable Job Applicants to participate fully in the
recruitment process, and it is necessary to comply with our legal
obligations/exercise legal rights in the field of employment, (obligations not
to discriminate, to make reasonable adjustments, to comply with health and safety
requirements).
Legal/professional
advisers We share any of your personal data that is relevant, where
appropriate, with our legal and other professional advisers, in order to obtain
legal or other professional advice about matters related to you or in the
course of dealing with legal disputes with you or other Job Applicants. Our
legal grounds for sharing this personal data are that: it is in our legitimate
interests to seek advice to clarify our rights/obligations and appropriately
defend ourselves from potential claims; it is necessary to comply with our
legal obligations/exercise legal rights in the field of employment; and it is
necessary to establish, exercise or defend legal claims.
Consequences
of not providing personal data We only ask
you to provide personal data that we need to enable us to make a decision about
whether or not to offer you a role. If you do not provide particular
information to us, then we will have to make a decision on whether or not to
offer you a role without that information, which in some cases could result in
us deciding not to recruit you. [For example, if we ask you to provide an example of previous written work/ a
certificate verifying a qualification and you do not, we will have to
decide whether to recruit you without that information.] If you choose not to provide us with personal
data requested, we will tell you about the implications of any such decision at
the relevant time.
How long will we keep your personal data? We will keep
your personal data throughout the recruitment process.
If your application is successful, when you start work for us you
will be issued with an Employee Privacy Notice which will include information
about what personal data we keep from the recruitment process and how long we keep
your personal data whilst you are working for us and after you have left.
If your application is
unsuccessful, we will keep your personal data for up to 6 months from the date
we notify you of our decision. There may, however, be circumstances in which it
is appropriate for us to keep particular items of your personal data for
longer. We will base these decisions on relevant circumstances, taking into
account the following criteria:
·
the amount, nature, and sensitivity of the personal data
·
the risk of harm from unauthorised use or disclosure
·
the purposes for which we process your personal data and how long
we need the particular data to achieve these purposes
·
how long the personal data is likely to remain accurate and up to
date
·
for how long the personal data might be relevant to possible
future legal claims
·
any applicable legal, accounting, reporting or regulatory
requirements that specify how long certain records must be kept
In all cases, we will not keep your
personal data for longer than we need it for our legitimate purposes.
Your rights you have a number of legal rights relating to
your personal data, which are outlined here:
The right to make a subject access request. This
enables you to receive certain information about how we use your data, as well
as to receive a copy of the personal data we hold about you and to check that
we are lawfully processing it.
•
The right to request that we correct incomplete
or inaccurate personal data that we hold about you.
•
The right to request that we delete or remove personal
data that we hold about you 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).
•
The right to object to our processing your
personal data where we are relying on our legitimate interest (or those of a
third party), where we cannot show a compelling reason to continue the
processing
•
The right to request that we restrict our
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.
•
The right to
withdraw your consent to us using your personal data. As
described above, we do not normally rely on your consent as the legal ground
for using your personal data. However, if we are relying on your consent as the legal ground for using any of
your personal data and you withdraw your consent, you also have the right to
request that we delete or remove that data, if we do not have another good
reason to continue using it.
•
The right to request that we transfer your
personal data to another party, in respect of data that you have provided where
our legal ground for using the data is that it is necessary for the performance
of a contract or that you have consented to us using it (this is known as the
right to “data portability”).
If you would like to exercise any of the above rights, please
contact eef.gdpr@eef.org.uk . Note that
these rights are not absolute and in some circumstances we may be entitled to
refuse some or all of your request.
Note too that 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. Details of how to contact the ICO can be found on
their website: https://ico.org.uk