Data Protection Notice
1.1 Churchill Specialist Contracting Limited (the “Company”) is committed to protecting the privacy and security of your personal information.
1.2 This Privacy Notice describes how we collect and use personal information about individuals before, during and after a working relationship with the Company, in accordance with the General Data Protection Regulation (GDPR). The Policy Notice is applicable to job applicants, employees, workers and contractors.
1.3 The Company is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about individuals. We are required under GDPR to notify individuals of the information contained in this privacy notice.
1.4 This notice applies to prospective, current and former employees, workers and contractors. This notice does not form part of any contract of employment, or other contract to provide services. The Company may update this notice at any time.
1.5 It is important that this Privacy Notice is read in conjunction with any other privacy notice that we may provide on specific occasions when we are collecting or processing personal information about individuals, so that the reasons of why and how this information is agreeably understood.
- Data Protection Principles
The Company will comply with data protection law. This law states that all personal information that we as a company hold about an individual must be:
- used lawfully, fairly and in a transparent way.
- collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- relevant to the purposes we have told you about and limited only to those purposes.
- accurate and kept up to date.
- kept only for as long as necessary and for the purposes that we have told you about
- kept securely.
3.0 Types of Information the Company Hold on Individuals
3.1 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).
3.2 There are “special categories” of more sensitive personal data which require a higher level of protection.
3.3 The Company will collect, store, and use the following categories of personal information about individuals:
- Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses
- Date of birth
- Marital status and dependants
- Next of kin and emergency contact information
- National Insurance number
- Bank account details, payroll records and tax status information
- Salary, annual leave, pension and benefits information
- Start of employment date
- Location of employment or workplace.
- Copy of driving licence(s)
- 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).
- Compensation history.
- Performance information
- Disciplinary and grievance information.
- CCTV footage and other information obtained through electronic means such as swipe card records
- Information about your use of our information and communications systems
3.4 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
- Collects Information
4.1 The Company will collect personal information about applicants, employees, workers and contactors through the application and recruitment process, either directly from candidates, or sometimes from an employment agency, or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies, social media searches, or other background check agencies such as the DVLA and the Disclosure Barring Service.
4.2 We will collect additional personal information during job‐related activities throughout the period of an individual’s employment.
5.0 How the Company Uses Information
5.1 We will only use personal information on an individual when the law allows us to do so. Most commonly, the Company will use personal information in the following circumstances:
- Where we need to perform the contract that we have entered with the individual.
- 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.
5.2 We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest, or for official purposes.
6.0 Situations in Which Personal Information will be used
6.1 We need all the categories of information in the list above primarily to allow us to perform our contract with an individual and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own, or those of third parties provided that the interests and fundamental rights of the individual do not override those interests.
- Making a decision about the recruitment, or appointment of an individual.
- Determining the terms on which an individual works for the company.
- Checking that individuals are legally entitled to work in the UK.
- Paying individuals and if the individual is an employee, deducting tax and National Insurance contributions.
- Providing Company benefits to an individual.
- Liaising with an individual’s pension provider.
- Administering any contract that we have entered with an individual.
- Business management and planning, including accounting and auditing.
- Conducting performance reviews, managing performance and determining performance
- Making decisions about salary reviews and compensation.
- Assessing qualifications for a job, or task, including decisions about promotions.
- Gathering evidence for possible grievance or disciplinary hearings.
- Making decisions about an individual’s continued employment, or engagement.
- Deciding for the termination of our working relationship.
- Education, training and development requirements.
- Dealing with legal disputes involving an individual, or other employees, workers and contractors, including accidents at work.
- Ascertaining fitness to work.
- Managing sickness absence.
- Complying with health and safety obligations.
- To prevent fraud.
- To monitor the use of our information and communication systems to ensure compliance with our IT policies.
- To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
- To conduct data analytics studies to review and better understand employee retention and attrition rates.
- Equal opportunities monitoring.
6.2 Some of the above grounds for processing will overlap and there may be several grounds which justify our use of personal information.
7.0 Failure of an Individual to Provide Information
If an individual fails to provide certain information when requested, the Company may not be able to perform the contract that we have entered with the individual (such as pay, 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 workers).
8.0 Change of Purpose
8.1 We will only use personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
8.2 Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required, or permitted by law.
9.0 How the Company Use Sensitive Personal Information
9.1 “Special categories” of sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- In limited circumstances, with explicit written consent provided by the individual.
- Where the Company need to carry out our legal obligations, or exercise rights in relation to an individual’s employment with the Company. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.
- Where it is needed in the public interest, such as for equal opportunities monitoring (or in relation to our occupational pension scheme). We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.
9.2 Less commonly, we may process this type of information where it is needed in relation to legal claims, or where it is needed to protect an individual’s interests (or someone else’s interests) and the individual is not capable of giving consent, or where an individual has already made the information public. (We may also process such information about members, or former members in the course of legitimate business activities with the appropriate safeguards.)
10.0 The Company’s Obligation as an Employer
10.1 We will use an individual’s particularly sensitive personal information in the following ways:
- We will use information relating to leaves of absence, which may include sickness absence, or family related leaves, to comply with employment and other laws.
- We will use information about an individual’s physical health, mental health, or disability status, to ensure the individual’s health and safety in the workplace and to assess fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
- We will use information about an individual’s 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.
- We will use information to register the status of a protected employee and to comply with employment law obligations.
11.0 Is Consent Required?
We do not need the consent of an individual if we use special categories of personal information in accordance with our written policy to carry out our legal obligations, or exercise specific rights in the field of employment law. In limited circumstances, we may approach an individual for written consent to allow us to process certain particularly sensitive data. If we do so, we will provide the individual with full details of the information that we would like, as well as the reason that we need it, so that they can carefully consider whether to consent. Individuals should be aware that it is not a condition of their contract with us that they agree to any request for consent from us.
12.0 Information About Criminal Convictions
12.1 We may only use information 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 and provided that we do so in line with our Data Protection Policy.
12.2 Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and an individual is not capable of giving consent, or where an individual has already made the information public.
12.3 We may also process such information about members, or former members in the course of legitimate business activities with the appropriate safeguards.
12.4 We envisage that we may hold information about criminal convictions. We will only collect information about criminal convictions if it is appropriate, given the nature of the role and where we are legally able to do so.
12.5 Where appropriate, we will collect information about criminal convictions as part of the recruitment process, or we may be notified of such information directly by an individual during them working for us. We will use information about criminal convictions and offences as part of a screening process by clients who request works to be carried out on sensitive sites e.g. military installations, government sites. We can use your personal information in this way to carry out our obligations.
12.6 We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.
13.0 Automated Decision‐Making
13.1 Automated decision‐making takes place when an electronic system uses personal information to decide without human intervention. The Company does not currently operate any facility of automated decision making however, it may be a possibility that it will be used in the future. We can use automated decision‐making in the following circumstances:
- Where we have notified an individual of the decision and given them 21 days to request a reconsideration.
- Where it is necessary to perform the contract with an individual and appropriate measures are in place to safeguard their rights.
- In limited circumstances, with the explicit written consent from an individual and where appropriate measures are in place to safeguard their rights.
13.2 If we make an automated decision based on any particularly sensitive personal information, we must have either an individual’s explicit written consent, or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard the rights of an individual.
13.3 Individuals will not be subject to decisions that will have a significant impact on them based solely on automated decision‐making, unless we have a lawful basis for doing so and we have given notification.
13.4 We do not envisage that any decisions will be taken about an individual using automated means, however, we provide written notification if this position changes.
14.0 Data Sharing
14.1 We may have to share data with third parties, including third‐party service providers and other entities in the group.
14.2 We require third parties to respect the security of an individual’s data and to treat it in accordance with the law.
14.3 We may transfer an individual’s personal information outside the EU. If we do, individuals can expect a similar degree of protection in respect of their personal information.
15.0 Why Information May be Shared with Third Parties
We will share an individual’s personal information with third parties where required by law, where it is necessary to administer the working relationship with an individual, or where we have another legitimate interest in doing so.
16.0 Third Party Service Providers
“Third parties” includes third‐party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third‐party service providers:
- Pension administration
- Benefits provision and administration
- IT services
17.0 Security of Information with Third‐Party Service Providers
All our third‐party service providers and other entities in the group are required to take appropriate security measures to protect an individual’s personal information in line with our policies. We do not allow our third‐party service providers to use personal data for their own purposes. We only permit them to process personal data for specified purposes and in accordance with our instructions.
18.0 Sharing Personal Information with Other Entities in the Group
We will share individuals’ personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation, or group restructuring exercise, for system maintenance support and hosting of data.
19.0 Other Third Parties
We may share an individual’s personal information with other third parties, for example in the context of the possible sale, or restructuring of the business. We may also need to share personal information with a regulator, or to otherwise comply with the law.
20.0 Transferring Information Outside the EU
20.1 We will transfer the personal information we collect on individuals outside the EU in order to perform our contract with an individual. There may be an adequacy decision by the European Commission in respect of a country that is outside of the EU. This means that a country to which we transfer data is deemed, or not deemed] to provide an adequate level of protection of an individuals’ personal information.
20.2 However, to ensure that personal information does receive an adequate level of protection, we have put in place appropriate measures to ensure that personal information is treated by those third parties in a way that is consistent with, and which respects the EU and UK laws on data protection.
20.3 Further information about the protective measures are available upon request.
21.0 Data Security
21.1 We have put in place measures to protect the security of individuals’ information. Details of these measures are available upon request.
21.2 Third parties will only process personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
21.3 We have put in place appropriate security measures to prevent personal information from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to personal information to those employees, agents, contractors and other third parties who have a business “need to know.” They will only process personal information on our instructions and they are subject to a duty of confidentiality.
21.4 We have put in place procedures to deal with any suspected data security breach and we will notify an individual and any applicable regulator e.g. Information Commissioner’s Office of a suspected breach where we are legally required to do so.
22.0 How Long Will an Individual’s Information be Used for?
22.1 We will only retain an individual’s personal information for as long as necessary to fulfil the purposes that we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
22.2 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 personal data, the purposes for which we process personal data and whether we can achieve those purposes through other means, as well as the applicable legal requirements.
22.3 In some circumstances we may anonymise personal information so that it can no longer be associated with an individual, in which case we may use such information without providing further notice. Once an individual is no longer an employee, worker, or contractor of the company, we will retain and securely destroy the personal information in accordance with applicable laws and regulations.
22.4 We will usually delete the CVs provided by unsuccessful applicants after six-months and will not store them for future recruitment unless we have obtained specific consent to do so from the applicant(s).
Rights of Access, Correction, Erasure, and Restriction
23.0 The Rights of an Individual in Connection with Personal Information
- Under certain circumstances, individuals have the rights by law to:
- Request accesspersonal information (commonly known as a “data subject access request”). This enables an individual to receive a copy of the personal information held about them and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about an individual. This enables them to have any incomplete, or inaccurate information we hold about them corrected.
- Request erasure of personal information. This enables an individual to ask us to delete or remove personal information where there is no good reason for us continuing to process it. Individuals have the right to ask us to delete or remove their personal information where they have exercised your right to object to processing (see below).
- Object to processing of personal information where we are relying on a legitimate interest (or those of a third party) and there is something about an individual’s situation, which makes them want to object to processing on this ground. They also have the right to object where we are processing their personal information for direct marketing purposes.
- Request the restriction of processing of personal information. This enables individuals to ask us to suspend the processing of personal information about them, for example if they want us to establish its accuracy, or the reason for processing it.
- Request the transfer of personal information to another party. If an individual wants to review, verify, correct, or request erasure of their personal information, object to the processing of their personal data, or request that we transfer a copy of their personal information to another party, please contact Data Protection Lead in writing.
24.0 Requirement for Fees
Individuals will not have to pay a fee to access their personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if an individual’s request for access is clearly unfounded, or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
25.0 What We May Need from an Individual
We may need to request specific information from an individual to help us confirm their identity and ensure their right to access the information (or to exercise any of their 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.
26.0 Right to Withdraw Consent
In the limited circumstances where individuals may have provided their consent to the collection, processing and transfer of their personal information for a specific purpose, they have the right to withdraw their consent for that specific processing at any time. To withdraw consent, please contact the Data Protection Lead. Once we have received notification that an individual has withdrawn their consent, we will no longer process their information for the purpose, or purposes that they originally agreed to, unless we have another legitimate basis for doing so in law.
27.0 How to contact us
27.1 If an individual has any questions about this privacy notice, or how we handle personal information, please contact us on:
Lenton Lane Industrial Estate
Phone – 01159862415
27.2 Individuals 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.
Contact details for the ICO can be found on their website: www.ico.org.uk
28.0 Changes to this Data Protection Notice
We reserve the right to update this privacy notice at any time, and we will provide a new privacy notice when we make any substantial updates. We may provide notification in other ways from time to time about the processing of personal information.