Privacy Notice for Job Applicants
The Brain Tumour Charity is aware of its obligations under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 and is committed to processing your data securely and transparently. This privacy notice sets out the types of data that we hold on you as a job applicant to The Brain Tumour Charity. It also sets out how we use that information, how long we keep it for and other relevant information about your data.
This notice applies to all job applicants.
The Brain Tumour Charity is a data controller, meaning that it determines the processes to be used when using your personal data.
We are a registered charity no. 1150054 (England and Wales) and SC045081 (Scotland).
The Brain Tumour Charity is a company limited by guarantee no. 08266522.
The Charity is registered at Fleet 27, Rye Close, Fleet, Hampshire, GU51 2UH.
For all applicants our contact details are: email@example.com / 01252 237820
In relation to your personal 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 application 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 used for anything that you are not aware of or have consented to (as appropriate), lost or destroyed
- Your personal details including your title, name (first name, surname, other names), address, date of birth, email address, phone numbers
- Medical or health information including whether or not you have a disability
- Information used for equal opportunities monitoring about your sexual orientation, religion or belief and ethnic origin (non-identifiable)
- Information included on your CV, application form or covering letter, including references, education history and employment history
- Documentation relating to your right to work in the UK (passport details, visa)
- Information relating to the recruitment process
- Contact details of referees.
- Information contained in references and pre-employment checks from third parties.
We collect data about you in a variety of ways, starting at the point of recruitment where we will collect the data from you directly. This includes the information you would normally put in a CV or application form and any cover letter. It also includes notes made by our selection panel during a selection interview. Other details may be collected directly from you in the form of official documentation such as your driving licence, passport or other right to work evidence.
We will collect data about you from third parties, such as employment agencies if you come to us via an agency, online recruitment sites and former employers when gathering references. We may also collect information that is in the public domain or on social media such as LinkedIn.
Personal data is kept securely within The Charity’s HR and IT systems.
The law on data protection allows us to process your data based on 6 lawful bases:
- In order to carry out legally required duties
- In order for us to carry out our legitimate interests
- To protect your interests
- With your consent
- To carry out a contract with you, and
- Where something is done in the public interest.
All of the processing carried out by us falls into one of the permitted reasons. Generally, we will rely on the first two reasons set out above to process your data. For example, we need to collect your personal data in our legitimate interests in order to:
- Verify your identity
- Assess your suitability for a job role
We also 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
- Making reasonable adjustments for applicants with a disability
- Maintaining records for specific periods.
Special categories of data are those relating to your:
- Sexual orientation
- Ethnic origin
- Trade union membership
- Genetic and biometric data.
We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when the following applies:
- You have given explicit consent to the processing
- We must process the data in order to carry out our legal obligations
- We must process data for reasons of substantial public interest
- You have already made the data public.
- Where we hold it, we will use your special category data:
- For the purposes of equal opportunities monitoring
- To determine reasonable adjustments.
We do not need your consent if we use special categories of personal data in order 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 there will be no consequences where consent is withheld. Consent, once given, may be withdrawn at any time. There will be no consequences where you choose to withdraw consent.
We will only collect criminal conviction 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, via a DBS check. We use criminal conviction data to assess your suitability in working with vulnerable groups. We process this data because of our legal obligation to ensure the safeguarding of children and vulnerable adults.
If you do not provide us with the data needed to carry out our duties in line with a job application, we will unable to perform those duties. We may be prevented from confirming your employment with us in relation to our legal obligations if you do not provide us with this information, for example confirming your right to work in the UK or, where appropriate, confirming your legal status for carrying out your work via a criminal records check.
Your data will be shared with colleagues within the organisation where it is necessary for them to undertake their duties. This includes, for example, any staff or volunteers involved in the recruitment process.
We share your data with third parties in order to obtain references as part of the recruitment process.
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such, for example, holding your details on a secure database and ensuring all data transfers are encrypted or password protected.
Where we share your data with third parties, we provide written instructions to them to ensure that your data is held securely and in line with GDPR requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
In line with data protection principles, we only keep your data for as long as we need it for, which for job applicants will be 6 months after an unsuccessful application.
We may use software to automate decision making (where a decision is taken about you using an electronic system without human involvement) in the application process. This is limited to your right to work in the UK.
The law on data protection gives you certain rights in relation to the data we hold on you. These are:
- 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.
- The right of access. You have the right to access the data that we hold on 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 is incomplete or inaccurate, you are able to require us to correct it.
- 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 it from our systems where you believe there is no reason for us to continue processing it.
- The right to restrict the processing of the data. For example, if you believe the data we hold is incorrect, we will stop processing the data (whilst still holding it) until we have ensured that the data is 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 it 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.
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 contact our Head of Talent.
The Charity’s Data Protection Officer (DPO) is our Director of Finance and Governance. He can be contacted on firstname.lastname@example.org / 01252 749042. If you think your data protection rights have been breached in any way by us, you should make a formal complaint to him.
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. If you have made a formal complaint to our DPO, this will be escalated if required to the ICO.