Employee/Candidate Privacy Notice

Employee/Candidate Privacy Notice

1. INTRODUCTION

Maninplace Estate Community Interest Company (the Company take seriously, the privacy and security of all personal data, ensuring appropriate stakeholders are fully aware of how the organisation collects and processes data of individuals applying to be employed, or contracted by the company.

Maninplace Estate Community Interest Company is the Data Controller. This means we are responsible for deciding how we hold and use personal information about you. We are required by law to notify you of the information contained within this privacy notice.

This privacy notice sets out how we collect, process, and use your personal data before, during and after any working relationship with us, in accordance with the General Data Protection Regulation (GDPR) and “Data Protection Act 2018”.

2. SCOPE

This privacy notice applies to all pending, current, and former employees, volunteers, and contractors, and it does not form part of any employment contract or any other service contract with the company.

The Company may update this privacy notice at any time, and we may provide you with additional privacy notices and ask for consent to collect, store, process, use, or share (only where appropriate and legal) your data from time to time.  

If you have questions regarding this privacy notice, contact the company Data Protection Officer: admin@maninplace.org.uk. You have the right to seek guidance from, or make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

3. DATA PROTECTION PRINCIPLES

At all times, the Company will comply with data protection law and will:

• Process your personal data lawfully, fairly and in a transparent way.
• Collect your personal data only for valid purposes that we have advised you about and to not use your personal data in any way that is incompatible with those purposes (unless we have notified you and explained the lawful ground that allows us to do so).
• To only process your personal data to the extent necessary for the purposes we have advised you about.
• Keep your personal data accurate and up to date.
• Keep your personal data only for as long as necessary and for the purposes we have told you about.
• Keep your personal data secure.
• Securely delete your data when it is no longer necessary to retain it.

4. THE INFORMATION WE HOLD ABOUT YOU

The Company will or may collect, store, and use the following categories of personal information
about you:

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Date of birth.
• Gender.
• Marital status and information about dependants.
• Next of kin and emergency contact details.
• National Insurance number.
• Bank account details, payroll records and tax status information.
• Salary, annual leave, pension, and benefits information.
• Start date.
• Location of employment workplace.
• Copy of vehicle insurance certificates and M.O.T details.
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
• Employment records (including job titles, work history, working hours, training records and professional memberships).
• Details of your existing and previous salary.
• Assessment and performance information.
• Disciplinary and grievance information.
• CCTV footage (including audio recording) and other information obtained through electronic means.
• Information about your use of Company IT and communications systems (including websites, social media, and email content/history).
• Photographs.

We may also collect, store, and use the following “special categories” of more sensitive personal information:

• Information about your race or ethnicity, religious beliefs, sexual orientation, and political opinions.
• Trade union membership.
• Information about your health, including any medical condition, health, and sickness records.
• Genetic information and biometric data.
• Information about criminal convictions and offences revealed during DBS checks.

For more senior roles, we may also collect, store, and use the following categories of information about you:

1. Details of other appointments, offices, and Directorships, including formal positions or connections with other sector organisations, companies, or charities.
2. Details of any kinship relationships with the Company.
3. Details of significant shareholdings and / or involvement with contracts in connection with the operating sector.

5. HOW WE COLLECT YOUR PERSONAL DATA

We collect personal data about you through our recruitment process, either directly from you or sometimes from an employment agency/online recruiting platform, or background check provider. We may collect additional information from third parties including former employers or other background check agencies.

When you start your employment with us, you will directly provide us with certain personal data such as your bank account details and next of kin information.

We may collect further personal data about you in the course of your employment.

6. HOW WE STORE YOUR PERSONAL DATA

All personal data collected from you is stored in a range of places, including a hard-copy personnel file, online recruitment platforms, online HR management system, and company financial management system.

7. WHO HAS ACCESS TO YOUR DATA?

Full access to employee personal data is limited to the Board of Directors and company HR Lead.

Team Managers can access data about your annual leave, performance reviews, and training records only. It maybe necessary to share personal contact telephone numbers and or personal email addresses with a team manager to establish contact about changes in shift patterns, immediate working hours, or absence.  

8. HOW WE USE YOUR PERSONAL DATA

We will only process your personal data if we have a lawful ground for doing so. Most commonly, we will use your personal information in the following circumstances:

• Where we need to perform the employment contract between us or any other contract between us.
• Where we need to comply with a legal obligation.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We may also use your personal data in the following situations, but these are not likely:

• Where we need to protect your interests (or someone else’s interests).
• Where it is needed in the public interest or for official purposes.

9. PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA

We will process your personal data for the following purposes:

• Deciding about your recruitment or appointment to or within the Company.
• Determining the terms on which you work for us.
• Checking you are legally entitled to work in the UK.
• Paying you and, if you are an employee, deducting tax, National Insurance, and pension contributions.
• Providing any/or certain benefits to you.
• Liaising with your pension provider.
• Administering the employment / service contract we have entered with you.
• Business management and planning, including accounting and auditing.
• Conducting performance reviews, managing performance, and determining performance requirements.
• Making decisions about salary reviews and compensation.
• Assessing qualifications for a particular job or task, including decisions about promotions.
• Gathering evidence for possible grievance or disciplinary hearings.
• Making decisions about your continued employment or engagement with the Company.
• Making arrangements for the termination of our working relationship.
• Education, training, and continued professional development requirements.
• Dealing with legal disputes involving you, or other employees, workers, and contractors, including accidents at work.
• Ascertaining your fitness to work.
• Managing sickness absence.
• Assessing and complying with Health & Safety obligations and legislation.
• The prevention of fraud.
• To monitor use of IT and communication systems to ensure compliance with any IT Policies, procedures, and security obligations.
• To ensure network and information security, including preventing unauthorised access  to our computers and electronic communications systems and preventing malicious software distribution.
• To conduct data analytics studies to review and better understand employee retention and attrition rates.
• To monitor equality, disability, and inclusion opportunities.

If you decide not to provide us with certain personal data that we have requested, we may not be able to perform contracts between us (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our employees).

We may from time to time use your personal data without your knowledge or consent where this is required or permitted by law.

10. HOW WE USE SENSITIVE DATA

”Special categories” of sensitive data require higher levels of protection than non-sensitive data. To  process such sensitive data, we need to have further justification. We may process special categories of personal data in the following circumstances:

1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equality, disability, and inclusion opportunities monitoring or in relation to our occupational pension scheme.

Occasionally, we may process sensitive 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 will use your sensitive data in the following ways:

1. In relation to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
2. In relation to your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
3. In relation to your race or national or ethnic origin, religious, philosophical, or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

11. CRIMINAL CONVICTIONS

We may only process data 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 under the Safeguarding of vulnerable adults.

Rarely, we may use your personal data relating to criminal convictions where 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.

12. TRANSFER TO THIRD PARTIES

We may have to share your personal data with third parties, including third-party service providers for example, because it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.  

Third party providers may carry out the following services: payroll, pension administration, benefits provision and administration, IT services.

We require third parties to respect the security of your data and to treat it in accordance with the law. They must act only in accordance with our instructions, and they agree to keep your personal data confidential and secure in accordance with the “Data Protection Act 2018”.

13. DATA SECURITY

We have put in place appropriate security measures to prevent unauthorised access to your personal information, loss, disclosure, and alternation. Such measures include the use of encrypted websites, restricted access to appropriate personnel only, and use of Multi Factor Authentication for online data storage services.  

Where an unexpected data breach occurs and your data is at risk, we will notify you as soon as is physically possible in accordance with our legal obligations and ICO registered requirements.  

14. 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.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Once you are no longer an employee or a contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

15. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal information changes.

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. You also have the right to object where we are processing your personal information for direct marketing purposes.
• 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 to:
Maninplace, Unit 7, Hollinswood Court, Stafford Park 1, Telford, TF3 3DE.
Email: FAO: of Data Protection Office, admin@maninplace.org.uk

You will not have to pay a fee to access your personal data or to exercise any of the other rights under data protection laws. 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 information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal and sensitive information is not disclosed to any person who has no right to receive it.

16. 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 email: FAO of Data Protection Office, admin@maninplace.org.uk.  

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.

Questions about this privacy notice should be directed to the Data Protection Office:
Email: admin@maninplace.org.uk
Post: Maninplace, Unit 7, Hollinswood Court, Stafford Park 1, Telford, TF3 3DE.