Privacy Notice - Job Applicants
Privacy Notice For Job Applicants
This Privacy Notice is applicable to new job applicants and previous, unsuccessful job applicants.
It is important that you read and understand the information contained within this Privacy Notice.
Via East Midlands Ltd. (Via) collects and uses the personal data that you provide to us and acts as a Data Controller for your personal data. As a Data Controller, Via is committed to protecting the privacy and security of your personal information. This Privacy Notice will detail what we collect and how we use it, as well as your rights in respect to the personal data we hold about you, as required by the General Data Protection Regulation (GDPR).
We may update this Privacy Notice from time to time. An up to date copy will always be available from the company website, or upon request from the HR Department.
Contacting Us About Your Personal Data
If you need to contact us to discuss the personal data we hold about you, please email Via.HR@viaem.co.uk or contact the HR Department using the details at the bottom of this page.
Via East Midlands Ltd. (Via) is the Data Controller for your personal data. Contact details for Via can be found at the bottom of this page.
Via’s Data Protection Officer is Sally Smith, Head of HR, who can be contacted by email at email@example.com or by phone, if your enquiry is urgent, on 07825 022 385.
Data Held About You
The personal data that we hold about you will normally have been either provided by you to Via (e.g. your CV or covering letter) or provided by Via to you (e.g. your invite to interview).
In some circumstances, we may be provided with your personal data by a third party, for example a CV sent to Via through a recruitment agency.
We will use your personal data only where we are permitted by law to do so, which includes:
• To perform the contract/agreement that we have with you • To comply with a legal obligation • Where it is in Via’s legitimate interests, and your interests and rights do not override Via’s legitimate interests • Where you have consented
The personal data that we hold for you will depend on how far through the application process you have proceeded and could include at a maximum:
• CV, including your name, contact details etc. • Covering letter • Correspondence, e.g. letters and emails • Shortlisting notes • Interview notes • Assessment task/centre results and documentation • Copies of your documents, e.g. qualifications, driving licence and proof of your right to work in the UK • Employment references (or other references where employment references are unavailable
We may also hold special category data about you. The special category data we may hold is:
• Personal health information (where you have completed a new starter occupational health assessment and there was information in the results that we needed to be aware of, or where you provided the information in order for us to make reasonable adjustments for you) • Criminal convictions (where the role you are applying for requires a DBS Disclosure)
We retain your personal data only for as long as is necessary to fulfil the purpose we collected it for.
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 the applicable legal requirements.
Unless you are successful and it is added to your personnel file, data on job applicants is retained for 6 months.
Sharing Your Data
Via shares some of your personal data with 3rd party organisations where we are required to by law, where it is necessary in order to administer a contractual relationship, or where we have a legitimate interest in doing so. Third parties includes:
• Recruitment agencies – if you applied through one • Referees – if we have offered you a role and are requesting references about you • Occupational health providers – if you are offered a role that requires an assessment, or we need to assess reasonable adjustments that may be necessary • Assessment centre – if attendance at an assessment centre is required as part of the selection process • Legal service providers – if you raise a legal query related to your application
Your personal data is not transferred to any areas outside of the EU unless absolutely necessary and where Via has taken steps to ensure that the security and data protection measures in place are in line with those in force within the EU.
You have various rights in relation to your personal data, which are either always applicable, or applicable under certain circumstances. If you would like to make a request related to one of your rights, then please speak with the HR Department. Please note that you may be charged a fee, should your request be excessive.
1. The right to be informed
You have the right to be informed about the collection and use of your personal data. This Privacy Notice is designed to give you all of the information you need to ensure you are informed about the personal data Via holds about you and what it is used for.
2. The right of access
You have the right to access your own personal data that Via holds. This is commonly referred to as a subject access request. You can request confirmation that Via is processing your personal data, a copy of that personal data and certain other information, of which the majority is already contained within this Privacy Notice.
3. The right to rectification
If you believe Via holds personal data about you that is inaccurate, you can request that this be corrected.
4. The right to erasure
This right is also known as the right to be forgotten. Your personal data will be erased in line with Via’s retention periods, however you can also request that Via erases some or all of your personal data at any time.
Please note that this right does not automatically apply to all of your personal data, therefore if we are unable to erase some or all of your data, we will notify you of the reasons why when we respond to your request.
5. The right to restrict processing
You can request that Via stops processing your data in a certain way. This right is normally applicable if you believe that the data we hold about you is not accurate, or if you believe that Via is processing your data in an unlawful manner.
As an employee, it may not be possible for Via to restrict the processing of your personal data completely, therefore if we are unable to restrict the processing of some or all of your data, we will notify you of the reasons why when we respond to your request.
6. The right to data portability
You can request that Via provides you with a copy of your data, or transfers a copy of your data to another Data Controller.
7. The right to object
This right allows you to request that Via stops processing your personal data completely. This right is commonly used to stop marketing communications, however is not limited to that.
As an employee, it may not be possible for Via to stop processing your personal data completely, therefore if we are unable to stop processing some or all of your data, we will notify you of the reasons why when we respond to your request.
8. Right to withdraw consent
Should you have granted consent for Via to hold or process a specific piece of your personal data, you are able to withdraw that consent.
9. Right to raise a complaint
Via encourages employees to raise any concerns they have with our Data Protection Officer in the first instance, as we would like to try to resolve any concerns you have. Please see the first page of this privacy notice for contact details.
You have the right to raise a complaint to the Information Commissioner’s Office (ICO) if you wish to. The ICO is the UK’s supervisory body for data protection matters. For more information, please visit https://ico.org.uk.