GDPR Candidate Privacy Notice

What is the purpose of this document?

Fairways Recruitment (Scotland) Ltd (“Fairways”) is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.

The Company is a recruitment business which provides work-finding services to its clients and work-seekers. The Company must process personal data (including sensitive personal data) so that it can provide these services – in doing so, the Company acts as a data controller.

The Privacy Notice makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).

You may give your personal details to the Company directly, such as on an application or registration form or via our website, or we may collect them from another source such as a jobs board. The Company must have a legal basis for processing your personal data. For the purposes of providing you with work-finding services and/or information relating to roles relevant to you we will only use your personal data in accordance with this privacy statement. At all times we will comply with current.

Data protection principles

We will comply with data protection law and principles, which means that your data will 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 as long as necessary for the purposes we have told you about.
  • Kept securely.

The kind of information we hold about you

In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:

  • The information you have provided to us in your curriculum vitae (CV) and/or a covering letter.
  • The information you have provided on our application/registration form, including name, title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications, driving licence number.
  • Any information you provide to us during an interview.
  • Results of assessments or tests carried out as part of the recruitment process where this is relevant to the role applied for.
  • Notes from interviews.

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 as part of our equal opportunities monitoring.
  • Information about your health, including any medical condition, health and sickness records.
  • Information about criminal convictions and offences.

How is your personal information collected?

We collect personal information about candidates from the following sources:

    • You, the candidate.
    • Fairways recruitment agency, from which we collect the following categories of data:
      • Personal details – name, title, addresses, telephone numbers, and personal email addresses
      • Gender
      • Date of birth
      • Marital status and dependents
      • Government identification numbers such as national insurance number, driver’s license number or other identification number
      • Proof of address – usually a utility bill or council tax statement or letter from HMRC
      • Bank account details – account number and sort code
      • Next of kin details and emergency contact information
      • Bank account details and payroll information
      • Salary, annual leave and benefits information
      • Compensation history
      • Performance information
      • Discipline and grievance information, where applicable
      • Pension enrolment information
      • Start date and job title
      • Location of employment
      • Education and training
      • Employment records (including professional memberships, references, work history, and proof of work eligibility)
      • Photograph (where relevant)
      • Other personal details included in a CV, cover letter or that the employee has otherwise voluntarily provided
    • Disclosure Scotland in respect of criminal convictions (where relevant to the job applied for).
    • Your named referees, from whom we collect the following categories of data where relevant to the role:
      • Conduct
      • Timekeeping
      • Attendance
      • Attitude to work
      • Working without supervision
      • Building relationships
      • Working in a team
      • Main qualities and attributes
      • Reason for leaving previous job
      • Managing others (where this is relevant to the job applied for)
  • Data from third parties which is from a publicly accessible source – Facebook, LinkedIn and Google.

How we will use information about you

We will use the personal information we collect about you to:

  • Assess your skills, qualifications, and suitability for the work role you are applying for.
  • Carry out background and reference checks, where applicable.
  • Communicate with you about the recruitment process.
  • Keep records related to our hiring processes.
  • Keep records related to discipline or grievance
  • Carry out performance reviews
  • Comply with legal or regulatory requirements.
  • Keep absence records
  • Keep holiday records

It is in our legitimate interests to decide whether to appoint you to work since it would be beneficial to our business to appoint the right person to that specific work assignment or position. We also need to process your personal information to decide whether to enter into a contract with you.

Having received your CV, your registration form and the results from any applicable test which was relevant to the role applied for, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the work.

If we decide to offer you the work, we will then take up references and carry out a criminal record check and /or driving licence checks where these are required for the work to be carried out.

If you fail to provide personal information

If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history) we will not be able to process your application successfully. For example, if we require a basic disclosure check or references for the role and you fail to provide us with relevant details, we will not be able to take your application further.

How we use particularly sensitive personal information

We will use your particularly sensitive personal information in the following ways:

  • We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.
  • We will use information about your 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.
  • Legal reasons, legitimate to the role applied for, such as managing our database and keeping work-seeker records up to date. Also, providing work-finding services to you and our clients and contacting you to seek your consent where we need it

Information about criminal convictions

We envisage that we may process information about criminal convictions depending on the role applied for.

We will collect information about your criminal convictions history if we would like to offer you the work (conditional on checks and any other conditions, such as references, being satisfactory). We are entitled to carry out a basic Disclosure check in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role.

In particular:

  • Work in the healthcare sector is one which is listed on the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023) so is eligible for either a standard or enhanced check from Disclosure Scotland depending on the role applying for.

We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.

Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

Data sharing

Why might you share my personal information with third parties?

We will only share your personal information with specified third parties for the purposes of processing your application. These will be clients who are seeking to fill specific roles and functions within their respective organisations. Fairways does not send out random CVs to its clients nor will we send your CV out to prospective clients without your permission.

We are not affiliated to any other recruitment consultancy therefore your personal information remains within Fairways. The only exception to this is our sister company People Finders Recruitment (Scotland) Ltd (“PFR”). Your information is secured only within PFR where you have given consent for this information to be shared with PFR.

Up until an interview is arranged, the employing client will not be provided with any personal details about you, meaning they will not be able to identify you from the information we provide as this is anonymised at source prior to sending and even then, this is only with your consent. Once an interview is agreed, the client is provided with your name.

All employing clients are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow third-party data controllers or processors to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes relating to recruitment for the position applied for and in accordance with our instructions and the law.

Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know.

They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the Company’s Data Protection Manager.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

How long will you use my information for?

The Company will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time. For example, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.

We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation. This is currently 7 years.

Upon expiry of that period the Company will seek further consent from you. Where consent is not granted the Company will cease to process your personal data/sensitive personal data.

Example 1: If you have registered with Fairways to source a permanent position on your behalf and you are successful, we will retain your personal information for a period of 1 year after we have communicated to you the offer of a position and you have accepted.
We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with our data retention policy unless you have requested that your detail remain on file and in which case this will be for a maximum of one year at which point you will be contacted.

Example 2: If you have registered with Fairways for temporary work assignments, it is envisaged you may undertake several assignments of a regular nature, however as there is no guarantee of regular work we will retain your personal information for a period of 12 months. At the one-year stage, we will contact you if you have not been working regularly on temping assignments so that you may renew your consent should you wish to do so. Where consent is not forthcoming at this stage, we will securely destroy your personal information in accordance with our employment records and erasure policy. If you have requested that your details remain on file, this will be for a maximum of one year at which point you will be contacted.

If you consent to retain Fairways for work finding services, your personal information will remain held including statutory records for legitimate, consent and contract purposes. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with Employment Records and Erasure Policy.

Rights of access, correction, erasure, and restriction

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact data protection manager in writing.

Right to withdraw consent

When you applied to register for work with Fairways, you separately provided consent to us processing your personal information for the purposes of the recruitment registration processing. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact the data protection manager via email on gdpr@fairways-uk.com. Once we have received notification that you have withdrawn your consent, we will no longer process your registration for work and, subject to our employment records and erasure policy, we will dispose of your personal data securely.

Data protection manager

We have appointed a data privacy manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the data privacy manager at gdpr@fairways-uk.com. You 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.

If this does not resolve your complaint to your satisfaction, you have the right to raise a complaint directly with the Information Commissioners Office (ICO) :

  • by telephone on 0303 123 1115
  • by email: Scotland@ico.org.uk
  • in writing to: Information Commissioner’s Office, 45 Melville St, Edinburgh EH3 7HL.

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