Privacy Policy

Personal Data Protection Privacy Notice

BACKGROUND

As an organisation managing Human Resources , we have oversight of personal data.  We need to gather and use information or ‘data’ about individuals as part of our business and to manage our relationship with clients, potential clients and individuals. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security.  We take our duties seriously and we are accordingly registered with the Information Commissioner’s Office (Certificate Z2121081).

This policy applies to all personal data whether it is stored electronically, on paper or on other materials unless it associated with a client of Belvoir HR Ltd. where we are required to comply with the Client’s Data Protection Policies. In this circumstance,  any queries or Subject Access Requests must be made to the relevant Client’s Data Protection Controller or Manager to whom we will provide all relevant information on request by the client.

 

DATA PROTECTION PRINCIPLES

Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:

  • be processed fairly, lawfully and transparently;
  • be collected and processed only for specified, explicit and legitimate purposes;
  • be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
  • be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
  • not be kept for longer than is necessary for the purposes for which it is processed; and
  • be processed securely.

We are accountable for these principles and must be able to show that we are compliant.

 

HOW WE DEFINE PERSONAL DATA

Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

This personal data might be provided to us by you, or someone else (such as a former employer, your doctor, Occupational Health advisor or a credit reference agency), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment (or services) or after its termination. It could be created by your manager or other colleagues.

 

HOW WE DEFINE SPECIAL CATEGORIES OF PERSONAL DATA

Special categories of personal data’ are types of personal data consisting of information as to:

  • your racial or ethnic origin;
  • your political opinions;
  • your religious or philosophical beliefs;
  • your trade union membership;
  • your genetic or biometric data;
  • your health;
  • your sex life and sexual orientation; and
  • any criminal convictions and offences.

We may hold and use any of these special categories of your personal data in accordance with the law.

 

HOW WE DEFINE PROCESSING

‘Processing’ means any operation which is performed on personal data such as:

  • collection, recording, organisation, structuring or storage;
  • adaption or alteration;
  • retrieval, consultation or use;
  • disclosure by transmission, dissemination or otherwise making available;
  • alignment or combination; and
  • restriction, destruction or erasure.

This includes processing personal data which forms part of a filing system and any automated processing.

 

HOW WILL WE PROCESS YOUR PERSONAL DATA?

The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

We will use your personal data for:

  • performing the contract of employment (or services) between us;
  • complying with any legal obligation; or
  • if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights below.

We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

 

EXAMPLES OF WHEN WE MIGHT PROCESS YOUR PERSONAL DATA

WHAT WE DO

We hold personal data in 4 areas:

ON BEHALF OF CLIENTS

Where Belvoir HR holds data on behalf of clients, we do so in accordance with (and are answerable to) the client in accordance with their data protection privacy notice and supporting documents.  Our relationship to the client is in accordance with our Terms and Conditions therefore any questions must be sent directly to the Client’s Data Protection Controller or Manager.

As we are required to comply with the Client’s Data Protection Policy, any Subject Access Request must be made to the Client’s Data Protection Controller or Manager to whom we will provide all relevant information.

We may collect and use the following types of personal data about you:

  • recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments;
  • your contact details and date of birth;
  • the contact details for your emergency contacts;
  • your gender;
  • your marital status and family details;
  • information about your contract of employment (or services) including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
  • your bank details and information in relation to your tax status including your national insurance number;
  • your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us;
  • information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
  • information relating to your performance and behaviour at work;
  • training records;
  • electronic information in relation to your use of IT systems/swipe cards/telephone systems;
  • your images (whether captured on CCTV, by photograph or video);
  • medical and occupational health information that may be relevant to your employment
  • any other category of personal data which we may notify you of from time to time.

 

SUPPORT TO CLIENTS WHEN RECRUITING ON THEIR BEHALF

Some clients use Belvoir HR as an intermediary when recruiting to carry out initial sifting and selection.  Where we act in this capacity the following applies

We may collect and use the following types of personal data about you:

  • recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments;
  • your contact details:
  • the contact details for your emergency contacts;
  • information to monitor Equality and Diversity including:
    • date of birth;
    • your gender;
  • your identification documents including passport and driving licence and information in relation to your immigration status and right to work in the UK;
  • information relating to your performance and behaviour in previous employments;
  • references;
  • training records;
  • electronic information from public domains and sources (e.g.  Facebook etc.);
  • your images (whether captured on CCTV, by photograph or video);
  • any other category of personal data which we may notify you of from time to time.

We do not take automated decisions about you using your personal data or use profiling in relation to you.

 

 

PRIVATE CLIENTS

On occasion, the Company will act on behalf of an individual.  Where we act in this capacity, we may collect and use the following types of personal data about you:

  • recruitment information such as any application forms and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments;
  • your contact details and date of birth;
  • the contact details for your emergency contacts;
  • your gender;
  • your marital status and family details;
  • information about your contract of employment (or services) including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
  • your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us;
  • information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
  • information relating to your performance and behaviour at work;
  • training records;
  • any information you provide to assist our support to you;
  • medical and occupational health information that may be relevant to your employment
  • any other category of personal data which we may notify you of from time to time.

 

OUR EMPLOYEES

We have to process your personal data in various situations during recruitment, employment (or engagement) and even following termination of your employment (or engagement).

For example (and see below for the meaning of the asterisks):

    • to decide whether to employ (or engage) you;
    • to decide how much to pay you, and the other terms of your contract with us;
    • to check you have the legal right to work for us;
    • to carry out the contract between us including where relevant, its termination;
    • training you and reviewing your performance*;
    • to decide whether to promote you;
    • to decide whether and how to manage your performance, absence or conduct*;
    • to carry out a disciplinary or grievance investigation or procedure in relation to you or someone else;
    • to determine whether we need to make reasonable adjustments to your workplace or role because of your disability*;
    • to monitor diversity and equal opportunities*;
    • to monitor and protect the security (including network security) of the Company, of you, our other staff, customers and others;
    • to monitor and protect the health and safety of you, our other staff, customers and third parties*;
    • to pay you and provide pension and other benefits in accordance with the contract between us*;
    • paying tax and national insurance;
    • to provide a reference upon request from another employer;
    • to pay trade union subscriptions*;
    • monitoring compliance by you, us and others with our policies and our contractual obligations*;
    • to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us*;
    • to answer questions from insurers in respect of any insurance policies which relate to you*;
    • running our business and planning for the future;
    • the prevention and detection of fraud or other criminal offences;
    • to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure*;
    • for any other reason which we may notify you of from time to time.

We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting a  Director

We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:

  • where it is necessary for carrying out rights and obligations under employment law;
  • where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
  • where you have made the data public;
  • where processing is necessary for the establishment, exercise or defence of legal claims; and
  • where processing is necessary for the purposes of occupational medicine or for the assessment of your working capacity.

We might process special categories of your personal data for the purposes in the paragraph above which have an asterisk beside them. In particular, we will use information in relation to:

  • your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities;
  • your sickness absence, health and medical conditions to monitor your absence, assess your fitness for work, to pay you benefits, to comply with our legal obligations under employment law including to make reasonable adjustments and to look after your health and safety; and
  • your trade union membership to pay any subscriptions and to comply with our legal obligations in respect of trade union members.

The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.

This policy does not form part of your contract of employment (or contract for services if relevant) and can be amended by the Company at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Company intends to comply with the 2018 Act and the GDPR.

We do not take automated decisions about you using your personal data or use profiling in relation to you.

 

ADDITIONAL INFORMATION

 

SHARING YOUR PERSONAL DATA

Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you, contract with our clients or for our legitimate interests.

We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

The Company has measures in place to protect the security of your data.

We will only hold data for as long as necessary for the purposes for which we collected it.

We may share information with:

  • Specialist human resource companies and insurance companies to assist the Company in the management of its HR requirements.
  • Occupational Health Advisors
  • Companies providing payroll, pension services etc..

We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.

 

SUBJECT ACCESS REQUESTS

Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request you should forward it immediately to the Data Protection Officer/Data Protection Manager who will coordinate a response.

If you would like to make a SAR in relation to your own personal data you should make this in writing to the Company’s Data Protection Manager. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.

There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to your request.

Be aware that Belvoir HR is NOT provide the Data Protection Officer/Data Protection Manager for clients’ data. All such SARs must be sent directly to the Clients’ Data Protection Officer/Data Protection Manager

 

YOUR DATA SUBJECT RIGHTS

You have the right to information about what personal data we process, how and on what basis as set out in this policy.

You have the right to access your own personal data by way of a subject access request (see above).

You can correct any inaccuracies in your personal data through the appropriate  Data Protection Officer/Manager.

You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact the appropriate  Data Protection Officer/Manager.

While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact the appropriate  Data Protection Officer/Manager.

You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.

You have the right to object if we process your personal data for the purposes of direct marketing.

You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.

With some exceptions, you have the right not to be subjected to automated decision-making.

You have the right to be notified of a data security breach concerning your personal data.

In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact the appropriate  Data Protection Officer/Manager.

You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.

 

HOW EMPLOYEES SHOULD PROCESS PERSONAL DATA FOR THE COMPANY

Everyone who works for, or on behalf of, the Company has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and the Company’s Data Security and Data Retention policies.

The Company’s Data Protection Manager is responsible for reviewing this policy and updating  the Company’s data protection responsibilities and identifying any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to this person.

You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of the Company and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.

You should not share personal data informally.

You should keep personal data secure and not share it with unauthorised people.

You should regularly review and update personal data which you have to deal with for work. This includes telling us if your own contact details change.

You should not make unnecessary copies of personal data and should keep and dispose of any copies securely.

You should use strong passwords.

You should lock your computer screens when not in use.

Consider anonymising data or using separate keys/codes so that the data subject cannot be identified.

Do not save personal data to your own personal computers or other devices.

Personal data should never be transferred outside the European Economic Area except in compliance with the law and authorisation of the Data Protection Officer [insert name].

You should lock drawers and filing cabinets. Do not leave paper with personal data lying about.

Personal data should be shredded and disposed of securely when you have finished with it.

You should ask for help from our Data Protection Manager if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.

Any deliberate or negligent breach of this policy by you may result in disciplinary action being taken against you in accordance with our disciplinary procedure.

It is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure, which could result in your dismissal.

 

HOW EMPLOYEES SHOULD DEAL WITH DATA BREACHES

We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.

If you are aware of a data breach you must contact the Company’s Data Protection Manager immediately and keep any evidence you have in relation to the breach.

 

MANAGEMENT OF PAPER RECORDS AND COMMUNICATIONS BY EMPLOYEES

Paper records are subject to the Data Protection Act.  It is therefore the responsibility of each and every employee to ensure that documents are:

  • Protected against casual oversight.
  • Are secured
  • Weeded to ensure only relevant data is retained.

You should note that any personal mail which uses The Company address, irrespective of being designated “Strictly Private and Confidential”, can and will legitimately be opened by the appropriate employee of The Company, e.g. Company Secretary, Managing Director etc.  Such actions are considered essential to safeguard the interests of the business and to ensure that the only mail received is of an official nature and the issues contained within relate to its business.

 

DISCLOSURE OF INFORMATION BY EMPLOYEES

You must not directly or indirectly disclose to any unauthorised person any knowledge or information relating to The Company’s business, or the business of any of The Company’s clients without first obtaining permission in writing from The Company.

You must not use for your own purposes or profit or for any purposes other than those of The Company, any information which you may acquire in relation to The Company’s and/or its customers’ business.

The rules concerning disclosure of information apply both during and after your employment with The Company.

Unauthorised access to Company information, whether computerised or manual, may lead to disciplinary action being taken against you.  In the case of computerised information “hacking” will be considered a dismissible offence.

At the time of leaving The Company, for whatever reason, you are required to return all products, documentation or any other information related to The Company and, if requested, confirm compliance of the same in writing.  In addition, The Company reserves the right to request such information to be returned during any period of notice should it deem it possible that there could be a risk, intentional or otherwise, of the Company’s or others’ commercially sensitive information being made available to other parties.

Breaches of confidentiality/disclosure of information puts the business at great risk.  If such a situation was to occur The Company would deem it to be an act of Gross Misconduct and your employment could be terminated by summary dismissal.