PRIVACY NOTICE: Job Applicants

PRIVACY NOTICE: Job Applicants

OVERVIEW

Our Intent. Warren James (Jewellers) Limited (“we”) are committed to safeguarding the privacy of Data Subjects (you) and we will only use the information we collect about you lawfully.  This Privacy Notice should be read by you. This Privacy Notice seeks to explain how we process your data in relation to Human Resources (“HR”) when you apply for a job at Warren James, so that we are transparent and fair to you. 

This notice covers the period when you apply for a job at Warren James, whether online or using a paper application form.  If your application is successful, the subsequent elements of our HR process are covered by our HR Privacy Notice which should also be read in conjunction with our Recruitment policy contained in the Employee Handbook.

Changes to Data Protection Legislation. The UK Data Protection Act 2018 (DPA 2018), the applied GDPR (General Data Protection Regulation) has introduced significant and enhanced Rights for Data Subjects, which we will outline in this Privacy Notice.

The Data Controller. We, Warren James (Jewellers) Limited) are what is known as the Data Controller, namely we have decided upon the purpose and means of processing your personal data when you apply for a job, as part of our HR process. Our contact details are by mail: PO Box 755, Stockport SK5 9AN

Data Protection Officer (DPO). Warren James (Jewellers) Limited’s DPO can be reached at PO Box 755, Stockport SK5 9AN or by email dpo@warren-james.co.uk . The Warren James (Jewellers) Limited’s DPO fulfils a number of roles, one of which is to be the primary and independent point of contact for Data Subjects, namely you. If you wish to contact the Warren James (Jewellers) Limited DPO, please email or send a letter to our contact details above.

Lawful Basis of Processing Personal Data for HR purposes. The lawful basis of processing your personal data is Legitimate Interest (the business needs to recruit staff and accept job applications to function but this is balanced against your interests and fundamental rights) and Contract (as we would be entering into a contract with successful applicants).  The collection of personal data is an essential part of the HR process.  The business relies on its employees and cannot operate without them.  We also have statutory responsibilities which require us to process personal data. We may ask for your consent to gather data if there is no other legal basis but this will be rare in an employment scenario as one of the other lawful bases will normally be more appropriate.  Accordingly some of the grounds for processing your information overlap and there may be several grounds which justify our use of your personal information.

Purpose of Processing Personal Data. Personal data is collected as part of the recruitment process by HR: CV’s and application forms are submitted for job vacancies, candidates shortlisted for interview, interviews conducted and successful applicants appointed.  We collect data so we can make decisions about who to offer employment to and make decisions about salary and other benefits.

The data is obtained and processed in line with the relevant Warren James policies, processes and procedures.

Warren James (Jewellers) Limited may collect and process other personal data of yours, however where this occurs there will be a supporting Privacy Notice.

Categories of Personal Data Processed by Warren James (Jewellers) Limited

We may collect some of the following information about you:

• Title, first name, last name/surname, maiden name
• Email address
• Home address (street, postal code, city)
• Phone number
• Date of birth
• Information you provide in your CV which may include:
  • Employment history, job title
  • Education history
  • Sex/Gender
  • Marital status
  • Race/Ethnicity
  • Place/city/country of birth
• Referees
• IP address
• Cookie ID
• Location data
• Handwriting
• Religious identification – only for employees in Northern Ireland in compliance with legislation specific to Northern Ireland
• CCTV/VSS footage
• Building entry records

How Do We Use Your Data? We use the data that we collect about you for the following purposes:

• To enable us to recruit and employ staff
• Compliance with our obligations as a prospective employer
• Compliance with our statutory obligations

We need to process your data to enable us to carry out the recruitment process. If you do not provide us with the data needed to do this, we will be unable to perform the process and may be unable to progress any application for employment.

Your data will be shared with colleagues within the company where it is necessary for them to undertake their duties.  This includes, for example, the HR department and management to review applications, make short listing decisions, conduct interviews and make job offers.

Transfer of Personal Data Outside the EEA (European Economic Area). All personal data collected by Warren James (Jewellers) Limited is stored in servers and data centres within the UK.

Sale or Passing of Personal Data to Third Parties. We will not sell or pass your personal data to any company, other than those described above. However, to support law enforcement investigation and other obligations, Warren James (Jewellers) Limited may be required to pass personal data outside of normal processes, for very specific and limited purposes.

Retention of Personal Data. Warren James (Jewellers) Limited will retain your personal data for a period of 7 years (after the end of your period of employment if your application is successful). This is to ensure compliance with HMRC guidelines which require storage of records for a period of at least 6 years. Data relating to unsuccessful applicants will be deleted more quickly and normally within six – twelve months.

This is subject to the exception where data is retained for a longer period in support of an investigation, claim or possible claim or for training.

Data Subject’s Rights. Under DPA 2018 legislation you have a number of Rights which we have outlined below:

• Right of Access. You are entitled to access your personal data so that you are aware of and can verify the lawfulness of the processing. This is best achieved through submitting a Subject Access Request (SAR). You may use, but are not required to use, the Warren James Subject Access Request Form.  A copy of this form can be obtained from any Warren James shop or by contacting us at PO Box 755, Stockport SK5 9AN or dpo@warren-james.co.uk .  In summary, you have the right to obtain: 
  • Confirmation that your data is being processed;
  • Access to your personal data (a copy); and
  • Other supplementary information, which corresponds to the information in this Privacy Notice.

Fees and Timings. This information will be provided to you without charge; without delay and within one month. If an extension is required you will be informed of this. If requests are considered manifestly unfounded or excessive, in particular because they are repetitive, Warren James (Jewellers) Limited may choose to:

• Charge a reasonable fee taking into account the administrative costs of providing the information; or
• Refuse to respond.

The reasons for this will be formally notified to you and your rights to appeal to the appropriate Supervisory Authority, i.e. UK Information Commissioner’s Office (ICO) https://ico.org.uk will be highlighted.

Identify Verification. To protect your personal data, Warren James (Jewellers) Limited will seek to verify your identity before releasing any information, which will normally be in electronic format.

• Right of Rectification. You are entitled to have personal data rectified if it is inaccurate or incomplete. If any data held about you is inaccurate or incomplete, Warren James (Jewellers) Limited will respond within one month of your request. In the unlikely event Warren James (Jewellers) Limited does not act on the request for rectification, Warren James (Jewellers) Limited will inform you of your rights to complain or seek judicial remedy.

• Right of Erasure. You may request the deletion or removal of personal data where there is no compelling reason for its continued processing. The Right to Erasure does not provide an absolute ‘right to be forgotten.’ However, you do have a right to have personal data erased and to prevent processing in specific circumstances: 
  • Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed;
  • When you withdraw consent (and this is the basis of processing);
  • When you object to the processing and there is no overriding legitimate interest for continuing the processing;
  • The personal data was unlawfully processed;
  • The personal data has to be erased in order to comply with a legal obligation; and
  • The personal data is processed in relation to the offer of information society services to a child.

• Right to Restrict Processing. When processing is restricted, Warren James (Jewellers) Limited are permitted to store the personal data, but not further process it. In this event exactly what is held and why will be explained to you by Warren James (Jewellers) Limited.

• Right to Data Portability. You may request to obtain and reuse your personal data for your own purposes across different services. This allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability. The Right to Data Portability only applies:

• To personal data you have provided to Warren James (Jewellers) Limited;
• Where the processing is based on your consent or for the performance of a contract; and
• When processing is carried out by automated means.

• Right to Object. You have the Right to Object to: 
  • Processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
  • Direct marketing (including profiling); and
  • Processing for purposes of scientific/historical research and statistics.

• Automated Decision Making and Profiling. Warren James (Jewellers) Limited do not employ any automated decision-making or conduct profiling of Data Subjects.

This notice will be subject to amendment and update as required following review of our HR processes from time to time.

Warren James (Jewellers) Limited has a Data Protection Officer who can be contacted at dpo@warren-james.co.uk.

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 by us, you are able to make a complaint to the ICO.

September 2023