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Job Applicant Privacy Notice

Data Controller

First Ark Group, Lakeview, Kings Business Park, Prescot, L34 1PJ

Data Protection Officer

First Ark Group, Lakeview, Kings Business Park, Prescot, L34 1PJ.

1. Introduction

The First Ark Group is committed to protecting the privacy and security of your personal information. This Job Applicant Privacy Notice applies to all prospective employees and describes how we collect and use personal information about you to manage the recruitment process, in accordance with the Data Protection Laws and Regulations.

The First Ark Group is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.

It is important that you read this notice so that you are aware of how and why we are using your personal information.

1.1 Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

2. The kind of information we hold about you

Personal data, or personal information, 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).

We will collect a range of personal information about you. This includes:

  • your name, address and contact details, including email address and telephone number;
  • details of your qualifications, skills, experience, membership of professional bodies and employment history;
  • information about your current level of remuneration, including benefit entitlements;
  • whether or not you have a disability for which the Group needs to make reasonable adjustments during the recruitment process;
  • information about your entitlement to work in the UK;
  • Information regarding rehabilitation of offenders; and
  • equal opportunities monitoring information, including information about your gender, ethnic origin, sexual orientation, health and religion or belief.

3. How we collect your personal information

We collect personal information about prospective employees through the application and recruitment process via application forms or CVs, from your passport or other identity documents, or collected through interviews or other forms of assessment, either directly from candidates or sometimes from an employment agency. We may sometimes collect additional information from third parties including former employers in order to obtain references, or other background check agencies such a criminal records checks permitted by law.

3.1 How we will use information about you

We have a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide to whom to offer a job. We may also need to process data from job applicants to respond to and defend against legal claims.

In some cases, we need to process data to ensure that we are complying with our legal obligations. For example, we are required to check a successful applicant's eligibility to work in the UK before employment starts.

We will not use your data for any purpose other than the recruitment exercise for which you have applied.

3.2 How we use particularly sensitive personal information

"Special categories" of particularly sensitive personal information require higher levels of protection. We will only use your particularly sensitive personal information in the following ways:

  • We will use information about your gender, ethnic origin, religious beliefs, or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
  • We may process health information if we need to make reasonable adjustments to the recruitment process for candidates who have a disability. This is to carry out our obligations and exercise specific rights in relation to employment.

3.3 Information about criminal convictions

We will only collect information about criminal convictions as part of the recruitment process if it is appropriate given the nature of the role you are applying for and where we are legally able to do so.

We will use information about criminal convictions and offences to determine suitability for particular roles within the Group, in particular where appropriate safeguarding measures apply to our tenants and customers.

We are allowed to use your personal information in this way to carry out our obligations to safeguard our tenants and customers. We have in place appropriate safeguarding policies that we are required by law to maintain when processing such data.

4. Automated decision-making

You will not be subject to automated decision-making unless we have a lawful basis for doing so and we have notified you.

5. Data sharing

Your information will be shared internally for the purposes of the recruitment exercise. This includes members of the HR team, interviewers involved in the recruitment process, and managers in the business area with a vacancy.

Should your application for employment be successful and we make you an offer of employment we will then share your data with former employers to obtain references for you and for those applicable roles the Disclosure and Barring Service to obtain necessary criminal records checks.

5.1 Third parties

We will share your personal information with third parties where required by law, where it is necessary to administer the recruitment process, or where we have another legitimate interest in doing so.

All our third-party service providers are required to take appropriate security measures to protect your personal information. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

Details of third-party service providers are available from the HR Team.

Your personal information will not be transferred outside the EU.

6. Data security

We take the security of your data seriously. Data is stored in a range of different places, including manual and electronic recruitment files, in the Group's HR management systems and in other IT systems (including the Group's email system).

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 and other third parties who have a need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

Access to individual’s data will only be granted to the following data users and only for specific and legitimate purposes:

  • Employees in the Human Resources Department;
  • The recruiting Manager;
  • Employees in the IT Department if access to the data is necessary for performance of their roles;

The Group reserve the right to 'back up' data files and hold secure multiple copies of personal data relating to specific employees in order to protect its interests in the event of data loss.

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. Details of these measures may be obtained from the Data Protection Officer.

7. Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 is deleted or destroyed.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personal file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.

9. Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. 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 information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information 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.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Data Protection Officer in writing who will respond accordingly.

You will not have to pay a fee to access your personal information (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 that are clearly unfounded or excessive. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

10. Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information 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 the Data Protection Officer. 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.

You are under no statutory or contractual obligation to provide data to the Group during the recruitment process. However, if you do not provide the information, the Group may not be able to process your application properly or at all.

11. Data Protection Officer

We have appointed a Data Protection Officer to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Protection Officer: dataprotection@firstark.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.