Job Applicants Privacy Notice
When Marbrook processes your personal data we are required to comply with the General Data Protection Regulation 2016 (“GDPR” and is referred to as the “Data Protection Legislation”).
Marbrook is the data controller of the personal data you provide. We have appointed a Data Protection Officer and they will have day to day responsibility for ensuring that we comply with the Data Protection Legislation and for dealing with any requests we receive from individuals exercising their rights under the Data Protection Legislation.
Data Protection Officer
Welwyn Garden City
As part of any recruitment process, the organisation collects and processes personal data relating to job applicants. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does the organisation collect?
The organisation collects a range of information about you. 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 the organisation needs to make reasonable adjustments during the recruitment process;
- Information about your entitlement to work in the UK; and
- Equal opportunities monitoring information, including information about your ethnic origin, marital status, sexual orientation, gender reassignment, gender, pregnancy, age, health and religion or belief.
The organisation collects this information 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/questionnaire (including online tests).
The organisation will also collect personal data about you from third parties, such as references supplied by former employers, health information that you choose to disclose to occupational health or from your GP, information from employment background check providers and information from criminal records checks. The organisation 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.
Sensitive information (e.g. the items listed as equal opportunities monitoring information above) will be anonymised for the purpose of reporting and monitoring.
Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems (including email).
Why does the organisation process personal data?
The organisation needs to process data to take steps at your request prior to entering into a contract with you. It also needs to process your data to enter into a contract with you.
In some cases, the organisation 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 organisation has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows the organisation to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. The organisation may also need to process data from job applicants to respond to and defend against legal claims.
Where the organisation relies on legitimate interests as a reason for processing data, it has considered whether or not those interests are overridden by the rights and freedoms of employees or workers and has concluded that they are not.
The organisation processes health information if it needs to make reasonable adjustments to the recruitment process for candidates who have a disability. We will also process health information that you choose to disclose, for the purpose of supporting your health at work and fulfilling our duty of care to you. This is to carry out its obligations and exercise specific rights in relation to employment.
Where the organisation 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.
The organisation is obliged to seek information about criminal convictions and offences. Where the organisation seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to employment.
The organisation will not use your data for any purpose other than the recruitment exercise for which you have applied.
If your application is unsuccessful, the organisation will keep your personal data on file for a period of 6 months after the recruitment process has completed in case there are future employment opportunities for which you may be suited. The organisation will ask for your consent before it keeps your data for this purpose and you are free to withdraw your consent at any time.
Who has access to data?
Your information will be shared internally for the purposes of the recruitment exercise. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy, and IT staff if access to the data is necessary for the performance of their roles.
The organisation will not share your data with third parties, unless your application for employment is successful and it makes you an offer of employment. The organisation will 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; and occupational health for the purposes of health clearance, to check you are fit for post and understand if any reasonable adjustments need to be made to enable you to deliver your role successfully.
The organisation will not transfer your data outside the UK.
How does the organisation protect data?
The organisation 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. A full copy of our GDPR policy and procedure can be provided on request.
For how long does the organisation keep data?
If your application for employment is unsuccessful, the organisation will hold your data on file for 6 months after the end of the relevant recruitment process.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and other storage systems as listed above, and will be retained during your employment. We will not keep the data for longer than is required, permitted by law in line with our GDPR policy.
As a data subject, you have a number of rights. You can:
- Access and obtain a copy of your data on request;
- Require the organisation to change incorrect or incomplete data;
- Require the organisation to delete or stop processing your data;
- Object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing; and
- Ask the organisation to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the organisation’s legitimate grounds for processing data.
If you would like to exercise any of these rights, please contact the Data Protection Officer. You can make a subject access request by completing the organisation’s form for making a subject access request, the form is available on request.
If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to the organisation during the recruitment process. However, if you do not provide the information, the organisation 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.
Some of the organisation’s recruitment processes are based solely on automated decision-making. This will only be used for the purposes of filtering out candidates who do not qualify for application, e.g. if there is no right to work in the UK, or if a minimum period of experience is not demonstrated. This will also mainly apply to online recruitment through our HR information system and will not apply to interview decision making.