Data protection compliance statement
The following demonstrates our commitment to protect the privacy and security of your personal information. It contains information regarding how we collect and use personal data or personal information about you in advance of any employment relationship in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR) and all other data protection legislation currently in force.
Pursuant to that legislation, when processing data we will:
• process it fairly, lawfully and in a clear, transparent way
• collect your data only for reasons that we find proper for the course of your employment in ways that have been explained to you
• only use it in the way that we have told you about
• ensure it is correct and up to date
• keep your data for only as long as we need it
• process it in a way that ensures it will not be lost or destroyed or used for anything that you are not aware of or have consented to (as appropriate).
Independent Age is a “data controller”. This means that we are responsible for determining the purpose and means of processing personal data relating to you.
“Personal data”, or “personal information”, means any information relating to an identified, or identifiable individual in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
There are “special categories” of sensitive personal data, meaning data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health conditions, sex life or sexual orientation, genetic data, and biometric data which require a higher level of protection.
This statement is applicable to job applicants. It is not intended to, neither will it, form part of any contract of employment or contract of services. We reserve the right to make changes to this statement at any time, if you are affected by substantial changes we will make an alternative statement available to you.
Where you are successful in your application and are appointed to a position you will receive details of our Policy Hub, which includes Company Policies on Data Protection and Confidentiality, Information Security, Acceptable Use etc.
Details of information we will hold about you
The list below identifies the kind of data that we will process about you during the application process:
• personal contact details such as name, title, addresses, telephone numbers, and personal email addresses
• date of birth
• gender
• your photograph
• marital status and dependents
• information included on your CV including references, education history and employment history
• documentation relating to your right to work in the UK
• national Insurance number
• copy of driving license
• evidence of qualifications or professional memberships.
The following list identifies the kind of data that we will process and which falls within the scope of “special categories” of more sensitive personal information:
• information relating to:
→ race or ethnicity
→ religious beliefs
→ sexual orientation
→ sex life
→ political opinions
• information about your health, including any medical conditions and disabilities;
• information about criminal convictions and offences if appropriate.
How we collect your personal information
Your personal information is obtained through the application and recruitment process, this may be directly from candidates, via an employment agency or a third party who undertakes background checks. We may occasionally request further information from third parties including, but not limited to, previous employers, credit reference agencies or other background check agencies.
Processing information about you
We will only administer personal information in accordance with the lawful bases for processing. At least one of the following will apply when we process personal data:
• consent:
→ You have given clear consent for us to process your personal data for a specific purpose.
• contract:
→ The processing is necessary for a contract we have with you, or because we have asked you to take specific steps before entering into a contract.
• legal obligation:
→ The processing is necessary for us to comply with the law (not including contractual obligations).
• vital interests:
→ The processing is necessary to protect someone’s life.
• legitimate interests:
→ The processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests.
The basis upon which we will process the data is to enable us to consider whether we may wish to/prepare for entering into a contract or agreement with you and to enable us to comply with our legal obligations. Occasionally, we may process personal information about you to pursue legitimate interests of our own or those of third parties, provided there is no good reason to protect your interests and your fundamental rights do not override those interests.
The circumstances in which we will process your personal information are listed below:
• making a decision about your recruitment or appointment
• making decisions about terms and conditions, salary and other benefits
• checking you are legally entitled to work in the UK
• assessing qualifications for a particular job or task
• education, training and development requirements
• complying with health and safety obligations
• preventing fraud
• in order to fulfil equal opportunity monitoring or reporting obligations
There may be more than one reason to validate the reason for processing your personal information.
Lawful basis for processing “special categories” of sensitive data
“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information, in addition to one of the lawful bases of processing listed above.
Information about criminal convictions
We will only collect criminal convictions data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, however, may also be collected during your engagement should you be successful.
We may process such information to protect yours, or someone else’s, interests and you are not able to give your consent or we may process such information in cases where you have already made the information public.
Automated decision-making
We do not anticipate that any of our decisions will occur without human involvement. Should we use any form of automated decision making we will advise you of any change in writing.
Sharing Data
Your data will be shared with individuals within the Charity where it is necessary for them to undertake their duties with regard to recruitment. This includes, for example, the People Team, those in the department where the vacancy is who are responsible for screening your application and interviewing you, the IT department.
Data may be shared with 3rd parties in the following circumstances:
• in the process of obtaining advice and help in order to adhere with legal obligations.
• to undertake any selection process we have agreed will be required as part of the recruitment process
If data is shared, we expect third parties to adhere and comply with the GDPR and protect any data of yours that they process. We do not permit any third parties to process personal data for their own reasons. Where they process your data, it is for a specific purpose according to our instructions.
We do not anticipate that we will transfer data to other countries.
Data Security
As part of our commitment to protecting the security of any data we process, we have put relevant measures in place. You can make a request on your information rights at: dp@independentage.org.
In addition, we have put further security measures in place to avoid data from being accessed, damaged, interfered with, lost, damaged, stolen or compromised. In cases of a breach, or suspected breach, of data security you will be informed, as will any appropriate regulator, in accordance with our legal obligations.
Any data that is shared with third parties is restricted to those who have a business need, in accordance with our guidance and in accordance with the duty of confidentiality.
Data Retention
Applications for employment which were made but unsuccessful will be deleted after a 12-month period, these being kept for 12 months to administer any feedback requests and for administering the recruitment process.
At the end of the retention period, upon conclusion of any contract or agreement we may have with you, or until we are no longer legally required to retain it, it will be reviewed and deleted, unless there is some special reason for keeping it.
Occasionally, we may continue to use data without further notice to you. This will only be the case where any such data is anonymised and you cannot be identified as being associated with that data.
If your application is successful, your data will be kept and transferred to the systems we administer for employees. We have a separate data protection statement (privacy notice) for employees, workers and contractors which will be provided to you when applicable.
Your rights in relation to your data
We commit to ensure that any data we process is correct and up to date. It is your obligation to make us aware of any changes to your personal information.
In some situations, you may have the:
• Right to be informed.
→ This means that we must tell you how we use your data, and this is the purpose of this privacy notice.
• Right to request access.
→ You have the right to access the data that we hold on you. To do so, you should make a subject access request.
• Right to request correction.
→ If any data that we hold about you is incomplete or inaccurate, you are able to require us to correct it.
• Right to request erasure.
→ If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it.
• Right to object to the inclusion of any information.
→ In situations where we are relying on a legitimate interest (or those of a third party) you have the right to object to the way we use your data where we are using it.
• Right to request the restriction of processing.
→ You have the right to ask us to stop the processing of data of your personal information. We will stop processing the data (whilst still holding it) until we have ensured that the data is correct.
• Right to portability.
→ You may transfer the data that we hold on you for your own purposes.
• Right to request the transfer.
→ You have the right to request the transfer of your personal information to another party.
Where you have provided consent to our use of your data, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.
If you wish to exercise any of the rights explained above, please send an email to dp@independentage.org.
Consequences of your failure to provide personal information
If you neglect to provide certain information when requested, it may affect our ability to enter into an employment contract with you, and it may prevent us from complying with our legal obligations.
Change of purpose for processing data
We commit to only process your personal information for the purposes for which it was collected, except where we reasonably consider that the reason for processing changes to another reason and that reason is consistent with the original basis for processing. Should we need to process personal information for another reason, we will inform you of this and advise you of the lawful basis upon which we will process.
In the event that you enter into an employment contract with us, any information already collected may be processed further in accordance with our data protection and confidentiality policy, a copy of which will be provided to you.
Questions or Complaints
It is the responsibility of our Information Governance Manager to oversee compliance with this statement. Should you have any questions regarding this statement, or how we process your personal information, please send an email to dp@independentage.org.
The supervisory authority in the UK for data protection matters is the Information Commissioner (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.