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Applicant Privacy Notice
As part of any recruitment process, we collect and process personal and special category data relating to job applicants. Barcan+Kirby is committed to being transparent about how we collect and use this data, and to meeting our data protection obligations.
Who are we?
Barcan+Kirby is a limited liability partnership incorporated in England and Wales and is a ‘data controller’ under data protection legislation.
What information will we collect from you?
We collect a range of information about you. This includes information which is defined as ‘personal data’:
- 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; and
- information about your entitlement to work in the UK.
We may also collect information that is referred to as being in a ‘special category’. This could include:
- information about your criminal record
- whether or not you have a disability for which we need to make reasonable adjustments during the recruitment process.
We collect 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.
We will also collect personal data about you from third parties, such as references supplied by former employers and information from criminal record checks. We will seek information from third parties only once a job offer to you has been made and will inform you that we are doing so.
How will we use your data?
We need to process your information to assess your application prior to entering into any contract with you.
We process 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 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.
For some roles, we are obliged to seek information about criminal convictions and offences. Where we seek this information, we do so because it is necessary for us to carry out our obligations and exercise specific rights in relation to employment.
Who will we share your information with?
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.
We will not share your data with third parties, unless your application for employment is successful and we make you an offer of employment. We will then share your data with former employers to obtain references for you and the Disclosure and Barring Service to obtain necessary criminal records checks.
We do not routinely transfer your data to countries outside the European Economic Area.
How will we store your data?
Personal data gathered during the recruitment process is held on file on a secure IT system.
How long will we keep your information for?
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. If you agree to allow us to keep your personal data on file, we will hold your data on file for a further 6 months for consideration for future employment opportunities. At the end of that period or once you withdraw your consent, your data will be deleted or destroyed.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel 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.
What rights do you have?
As a data subject, you have a number of formal rights. You can:
- require us to change incorrect or incomplete data
- require us to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing
- obtain a copy of your data on request
- object to the processing of your data where we are relying on our legitimate interests as the legal ground for processing
- ask us to stop processing or erase data if processing is unlawful
- ask us to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override our legitimate grounds for processing data.
If you would like to exercise any of these rights, please contact DataProtection@barcankirby.co.uk.
Who can you complain to if you are unhappy with what we have done with your data?
If you believe that we have not complied with your data protection rights, you should initially contact DataProtection@barcankirby.co.uk. If your complaint remains unresolved then you can contact the Information Commissioner’s office. Details of the Information Commissioner’s office is available at www.ico.org.uk.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to us during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.