Last updated: October 2022
Data controller details
F&W Networks Ltd is a data controller, meaning that it determines the processes to be used when using your personal data. Our contact details are as follows: F&W Networks Ltd, 3rd Floor, 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT or by email at: [email protected]
Data protection principles
In relation to your personal data, we will:
- process fairly, lawfully and in a clear, transparent way
- collect your data only for reasons that we are required for the management of your employment in ways that have been explained to you
- use them only in the way(s) that we have told you about
- ensure they are correct and up to date
- keep your data for only as long as needed and
- process them in a way that ensures they will not be lost, destroyed
Types of data we process
We may hold many types of data about you including:
- your personal details including your name, address, date of birth, email address, phone numbers
- whether or not you have a disability
- information included on your CV including references, education history and employment history
- documentation relating to your right to work in the UK and verifying your identity
- driving licence
- details of your criminal record.
How we collect your data
We collect data about you in a variety of ways including information included in a cover letter, CV or job application form, and notes made by our Hiring Managers during an interview. Further information will be collected directly from you at the start of your employment, for example, your bank and next of kin details. Other details may be collected directly from you in the form of documentation such as your driving licence, passport or other right-to-work evidence.
In some cases, we will collect data about you from third parties, such as employment agencies, or former employers when gathering references.
Personal data are kept in personnel files and within the F&W Network’s HR and IT systems.
Why we process your data
The law on data protection allows us to process your data for certain reasons only:
- to perform the employment contract that we are party to.
- to carry out legally required duties.
- for us to carry out our legitimate interests.
- to protect your interests and
- where something is done in the public interest.
All the processing carried out by us is in line with at least one of the above reasons and in most cases, one of the first three reasons.
We need to collect your data to ensure we are complying with legal requirements such as:
- carrying out checks in relation to your right to work in the UK; and
- making reasonable adjustments for disabled employees.
We also collect data so that we can carry out activities which are in the legitimate interests of the F&W Networks. These are:
- Making decisions about whom to offer employment to.
- Making decisions about salary and other benefits.
- Assessing training needs.
- Dealing with legal claims made against us.
If you are unsuccessful in obtaining employment, we may seek your consent to retain your data in case other suitable vacancies arise in F&W Networks we think you may wish to apply for. You are free to withhold your consent to this and there will be no consequences for withholding consent, other than you not being made aware of suitable vacancies that may arise.
Special categories of data
Special categories of data are data relating to your:
- sexual orientation
- ethnic origin
- political opinion
- trade union membership and
- genetic and biometric data.
In some circumstances, we must process special categories of data in accordance with more stringent guidelines. For the most part, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data to carry out our legal obligations
- we must process data for reasons of substantial public interest
- you have already made the data manifestly public
We will use your special category data for the purposes of equal opportunities monitoring where necessary.
We do not need your consent if we use special categories of personal data to carry out our legal obligations or exercise specific rights under employment law. However, we may ask for your consent to allow us to process certain particularly sensitive data. If this occurs, you will be made fully aware of the reasons for the processing. As with all cases of seeking consent from you, you will have full control over your decision to give or withhold consent and in most cases, there will be no consequences where consent is withheld. Should this not be the case we will advise of any consequences, as advised in this policy. Consent, once given, may be withdrawn at any time.
Criminal conviction data
We will collect criminal conviction data only where it is appropriate given the nature of the role and where the law permits. Such data will usually be collected prior to your employment should you be offered employment. We use criminal conviction data for us to carry out our legitimate interests.
We rely on the lawful basis of carrying out our legitimate interests to process these data.
If you do not provide your data to us
One of the reasons for processing your data is to allow us to carry out an effective and fair recruitment process. You are under no obligation to provide us with your data; however, we may not be able to process, or continue with your application if you do not.
Sharing your data
Your data will be shared with colleagues within the F&W Networks where it is necessary for them to undertake their duties regarding recruitment. This includes, for example, members of our HR team, Hiring Managers, and other essential team members in the area of work for the vacancy, the F&W Networks Management team, and the IT department should you require access to our systems.
In some cases, we will collect data about you from third parties, such as employment agencies.
Your data will be shared with third parties if you are successful in your job application. In these circumstances, we will share your data to:
- obtain references as part of the recruitment process
- obtain a criminal records check (if necessary)
- make decisions about your fitness for work through our occupational health providers and
- tender for new business (abridged CV).
We do not share your data with third parties outside of the UK unless necessary and we have appropriate safeguards in place.
Protecting your data
We have implemented both technical and organisational measures to ensure your data is protected against accidental disclosure, destruction, and abuse.
Where we share your data with third parties, we will either have a Data Sharing Agreements or Data Processing Agreement in place and will verify that your data are being held securely and in line with GDPR and our requirements.
How long we keep your data for
In line with data protection principles, we keep your data only for as long as required. This will depend on whether you are successful in obtaining employment with us or not.
If your application is not successful and we have not requested consent or you have not provided consent to our request to keep your data for the purpose of future suitable vacancies, we will keep your data (or a smaller amount) for a maximum of thirteen months once the recruitment exercise ends. At the end of this period, we will delete or otherwise destroy your data.
If we have sought your consent to keep your data on file for future job vacancies, and you have provided consent, we will keep your data for 13 months once the recruitment exercise ends. At the end of this period, we will delete or otherwise destroy your data, unless you have already withdrawn your consent to our processing of your data, in which case it will be deleted or destroyed upon your withdrawal of consent. Alternatively, we may request additional consent to extend how long we hold your data.
If your application is successful, your data will be kept and transferred to the systems we administer for employees. We have a separate privacy notice for employees, which will be provided to you.
Decisions within F&W Networks regarding employment are not made based on automated decision-making only (where a decision is taken about you using an electronic system without human involvement).
Your rights in relation to your data
The law on data protection gives you certain rights in relation to the data we hold about you. These are:
- The right of access. You have the right to access the data that we hold about you. To do so, you should make a subject access request
- The right for any inaccuracies to be corrected. If any data that we hold about you are incomplete or inaccurate, you can require us to correct them.
- The right to have information deleted. If you would like us to stop processing your data, you have the right to ask us to delete them from our systems where you believe there is no reason for us to continue processing them.
- The right to restrict the processing of the data. For example, if you believe the data we hold are incorrect, we will stop processing the data (whilst still holding them) until we have ensured that the data are correct.
- The right to portability. You may transfer the data that we hold on you for your own purposes.
- The right to object to the inclusion of any information. You have the right to object to the way we use your data where we are using them for our legitimate interests.
- The right to regulate any automated decision-making and profiling of personal data. You have a right not to be subject to automated decision making in way that adversely affects your legal rights (we do not currently do this as covered above).
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. Withdrawal of consent means that we will stop processing the data that you had given us consent to use. The consequence of doing so may be the inability to proceed with your application or notify you of future employment opportunities. In some cases, we may continue to use the data where so permitted by having a legitimate reason or other legal reason for doing so.
If you wish to exercise any of your rights, or know more about them please contact the DPO at [email protected].
Making a complaint
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 by contacting the helpline on 0303 123 1113. We ask that you raise any such concerns first to see if we can resolve any issues.
We keep our policies under regular review. If we make any changes to this policy, we will post an updated version on our website. Please check the policy as published on our website from time to time so that you are aware of how we use your personal data.