PRIVACY NOTICE FOR CANDIDATES & JOB SEEKERS
Sweet HR and Recruitment Limited (the company) is a HR and recruitment business which provides HR support services and work-finding services to its clients and candidates.
As part of any recruitment process, the company collects and processes personal data relating to job applicants so that it can provide a recruitment service. The company is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
Data controller details
Sweet HR and Recruitment Ltd is a data controller, meaning that it determines the processes to be used when using your personal data. Our contact details are as follows:
Sian Whelan, Company Director, firstname.lastname@example.org.
Data protection principles
In relation to your personal data, we will:
- Process it fairly, lawfully and in a clear, transparent way.
- Collect your data only for reasons that we find proper for the course of our business relationship.
- Ensure it is correct and up to date.
- Keep your data for only as long as we need it.
- Process it in a way that ensures it will not be used for anything that you are not aware of or have not consented to (where appropriate).
Types of data we process
You may give your personal details to the company directly, such as on an application form, by submitting your CV or via our website or we may collect them from another source, such as online job boards or publicly accessible sources, such as social media.
The company collects a range of personal data. In relation to recruitment, this includes:
- your name, address and contact details, including email address and telephone number;
- details of your qualifications, skills, experience and employment history;
- information about your current level of remuneration, including benefit entitlements;
- whether or not you have a disability for which an organisation needs to make reasonable adjustments during the recruitment process; and
- information about your entitlement to work in the UK.
How we collect your data
The company collects information about you in a variety of ways. For example, data might be contained in application forms, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment.
The company 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. The company will seek information 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 on your application record, in HR and recruitment management systems and on other IT systems (including email).
Why we process your data
The law on data protection allows us to process your data for certain reasons only:
- Where we have your consent.
- In order to perform the contract and services that we are party to
- In order to carry out legally required duties.
- In order for us to carry out our legitimate interests.
- To protect your interests or where it is processed in the public interest.
All of the processing carried out by us falls into one of the permitted reasons.
The Company will collect your personal data (which may include sensitive personal data) and will process your personal data for the purposes of providing you with work-finding services. This includes, contacting you about job opportunities, assessing your suitability for job opportunities, adding your details to our candidate databases, putting your forward for job opportunities (which includes passing your details on to third parties involved in providing work-finding services and developing and managing our services and relationship with you as a candidate and our clients.
In some cases, the company 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 company has a legitimate interest in processing personal data during the recruitment process in relation to both candidates and clients and for keeping records of the process. Processing data from candidates allows the company to manage the recruitment process, assess and confirm a candidate’s suitability for a job role and decide who to put forward to a client for consideration. The company may also need to process data from candidates to respond to and defend against legal claims.
If your application is unsuccessful, the company will keep your personal data on file in case there are future employment opportunities for which you may be suited. The company will ask for your consent before it keeps your data for this purpose and you are free to withdraw your consent at any time.
Special categories of data
Special categories of data are data relating to your:
- sex life
- sexual orientation
- ethnic origin
- political opinion
- trade union membership and
- genetic and biometric data.
We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process data for reasons of substantial public interest
- you have already made the data public.
The company processes health information if it needs to make reasonable adjustments to the recruitment process for candidates who have a disability. This is to carry out its obligations and exercise specific rights in relation to employment.
Where the company processes other special categories of data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is for equal opportunities monitoring purposes.
Criminal conviction data
We will only collect criminal conviction data if it is necessary for us to carry out our client obligations and exercise specific rights in relation to a particular job vacancy and where the law permits us to do so.
Sharing your data
We may share your data with third parties involved in providing our work-finding services, including (but not limited to) legal and professional advisers with whom we work with, subcontractors and services such as accountancy marketing support services.
Your information will be shared internally for the purposes of providing our work-finding services or for sales and marketing purposes. Your data will also be shared externally with prospective employers and clients of the company as part of the recruitment process. The company will also use third party suppliers to process your data, such as software solutions providers.
With the exception of a prospective employer and clients of the company, the company will not share your data with third parties, unless your application for employment is successful and an offer of employment is made. The company may 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.
Protecting your data
The company takes the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
How long we keep your data for
If your application for a specific job vacancy is unsuccessful, the company will hold your data on file for 12 months after the end of the relevant recruitment process. If you agree to allow the company to keep your personal data on file, the company will hold your data for a further 12 months for consideration for future employment opportunities and for relevant marketing purposes. At the end of that period we may ask for your consent to hold your data for a further 12 months. Once you withdraw your consent, your data is deleted or destroyed.
If your application for employment is successful and you become an employee of one of our clients, personal data gathered during the recruitment process will be transferred to your new employer and client of the company. Once your data has transferred to your new employer, the data will become the responsibility of your new employer.
Your rights in relation to your data
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require the company to change incorrect or incomplete data;
- require the company to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
- object to the processing of your data where the company is relying on its legitimate interests as the legal ground for processing; and
- ask the company to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the company’s legitimate grounds for processing data.
- Where you have given your consent to the company to process your personal data, you have the right to withdraw your consent at any time. If you would like to withdraw your consent or you would like us to update your personal data, please send an email to email@example.com.
If you do not provide your data to us
You are under no statutory or contractual obligation to provide data to the company whilst using our work-finding services. However, if you do not provide the information needed to do this, the company may not be able to process your application properly or at all.
You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your application if you choose not to provide such information.
Recruitment processes are not based solely on automated decision-making.
Complaints and queries
We hope this privacy notice has been helpful in setting out how we handle your personal data. If you have any questions or a query that hasn’t been covered, please contact us by email in the first instance at firstname.lastname@example.org.
The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.
Last reviewed: July 2020