PRIVACY NOTICE FOR PROSPECTIVE STAFF

About this document

This privacy notice (Notice) explains how Evalu-8 Software Ltd (the Company, we, our, us) collects, uses and shares (or “processes”) personal data of prospective staff (i.e. job applicants), and your rights in relation to the personal data we hold. Please note that any references to “employment” or “staff” in this Notice are not intended to imply or confer any employment rights on non-employees.

This Notice applies alongside any other information the Company may provide about a particular use of personal data, for example when collecting data via an online or paper form.

This Notice also applies in addition to the Company’s other relevant terms and conditions and policies, including the Company’s Data Protection Policy.

Data controller and Data Protection Officer details

For the purposes of any applicable data protection laws in England and Wales, including from 25 May 2018 the EU General Data Protection Regulation 2016/679 (GDPR), the Company is the data controller of your personal data. The Company has appointed a Data Protection Officer, who can be contacted via email at contactus@evalu-8.com.

How we collect your information

We may collect your personal data in a number of ways, for example (for the avoidance of doubt, this is not an exhaustive list):

• from the information you provide to us before making a job application, for example when you come for an interview;
• when you submit a formal application to work for us, and provide your personal data in application forms and covering letters, etc.;
• from third parties, for example the Disclosure and Barring Service (DBS) (if this is applicable –see the section below on Criminal convictions) and your previous or current employers, in order to verify details about you and/or your application to work for us;

The types of information we collect

We may collect the following types of personal data about you (and your family members and ‘next of kin’, where relevant):

• contact and communications information, including:
• your contact details (including email address(es), telephone numbers and postal address(es));
• contact details for your family members and ‘next of kin’, in which case you confirm that you have the right to pass this information to us for use by us in accordance with this Notice;
• records of communications and interactions we have had with you;
• biographical, educational and social information, including:
• your name, title, gender, nationality and date of birth;
• your image and likeness, including as captured in photographs taken for work purposes or CCTV;
• details of your education and references from your institutions of study;
• lifestyle information and social circumstances;
• your interests and extra-curricular activities;
• information that evidences periods of residency (such as utility bills, proof of mortgage and travel) or financial circumstances (such as bank statements and proof of income);
• information that evidences your family relationships (such as a birth, adoption, marriage or civil partnership certificate);
• national insurance number (or other tax identification number) and your passport number or national identity card details, country of domicile and your nationality.

Work related information, including:

• details of your work history and references from your previous employer(s);
• your personal data captured in the work product(s) you create while employed by otherwise engaged to work for the Company;
• communications sent or received using the Company’s communication systems;
• details of your professional activities and interests;
• your involvement with and membership of sector bodies and professional associations;
• information about your employment and professional life after leaving the Company, where relevant (for example, where you have asked us to keep in touch with you);

Other information relevant to your employment or other engagement to work for the Company. Where this is necessary for your employment or other engagement to work for us, we may also collect special categories of data and information about criminal convictions and offences, including information:

• revealing your racial or ethnic origin, and sex life or sexual orientation;
• concerning trade union membership;
• information concerning your health, medical conditions and disabilities;
• concerning criminal convictions (see the section below on Criminal convictions).

For further information on why we process this data, see section iv below under the heading The

bases for processing your personal data, how that data is used and whom it is shared with.

The bases for processing your personal data, how that data is used and whom it is shared with

(i) Performance of a contract with you

We process your personal data because it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract, such as a contract of employment or other engagement with us. In this respect, we use your personal data for the following:

• administering job applications and, where relevant, offering you a role with us;
• carrying out due diligence checks on you, whether during the application process for a role with us or during your engagement with us, including by checking references in relation to your education and your employment history;

(ii) Legitimate Interests

We process your personal data because it is necessary for our or a third party’s legitimate interests.

Our “legitimate interests” include our interests in running the Company in a professional, sustainable manner, in accordance with all relevant legal and regulatory requirements. In this respect, we use your personal data for the following:

• providing you with information about us and what it is like to work for us (where you have asked for this, most obviously before you have made a formal application to work for us);
• for security purposes, including by operating security cameras in various locations on the Company’s premises.
• to enable relevant authorities to monitor the Company’s performance and to intervene or assist with incidents as appropriate;
• to provide education services to students (including the recording of audio/images during lectures as part of the Company’s teaching provisions and for subsequent use in teaching materials);
• to carry out or cooperate with any Company or external complaints, disciplinary or investigatory process;
• to administer the Company’s regulations, codes of practice and policies;

(iv) Special categories of data

We process special categories of personal data (such as data concerning health, religious beliefs, racial or ethnic origin, sexual orientation or criminal convictions) for the reasons set out below. We will process this data on the basis that such processing is necessary to carry out obligations and exercise rights (both yours and ours) in relation to your employment. In particular, we process the following types of special category personal data for the following reasons:

• your physical or mental health or condition(s) (for example, where required to monitor and record sickness absences, dietary needs, or to make reasonable adjustments to your working conditions or environment – including as part of the recruitment process if necessary);
• recording your racial or ethnic origin in order to monitor our compliance with equal opportunities legislation;
• trade union membership, in connection with your rights as an employee and our obligations as an employer (to the extent necessary);
• categories of your personal data which are relevant to investigating complaints made by you or others, for example concerning discrimination;
• categories of your personal data which are relevant to administering family friendly leave.

We will also process special categories of personal data because:

• it is necessary to protect your or another person’s vital interests, for example, where you have a life-threatening accident or illness in the workplace and we have to process your personal data in order to ensure you receive appropriate medical attention;
• it is necessary for the establishment, exercise or defence of legal claims; or
• we have your explicit consent to do so.

Criminal convictions

You will be asked to provide the Company with details of criminal convictions. Where your role requires a DBS check. A DBS check will only be conducted under the lawful process provided for by law. We will only use the criminal convictions data for the purpose it was collected and it will only be retained for a limited period as set out in the Company’s Retention Policy (see the section below: How long your information is kept).

Sharing your information with others

For the purposes referred to in this privacy notice and relying on the bases for processing as set out above, we will share your personal data with certain third parties.

• relevant professional bodies where this is a requirement in connection to your role
• our advisers where it is necessary for us to obtain their advice or assistance;
• law enforcement agencies; local authorities; the Home Office, British overseas consulates; other international and national governmental and regulatory bodies;
• with other employers in the form of a reference, where we are asked for it or we are required to do so in compliance with our legal obligations or regulatory rules;
• third parties and their advisers where those third parties are acquiring or considering acquiring Company assets;

How long your information is kept

Personal data is stored in accordance with the Company’s retention policy available upon request.

For the avoidance of doubt, job applications will be stored for a period of one year from receipt and will be archived after that time (for research and statistical evaluation purposes) with any identifiable personal data being removed unless the application is successful, in which case the job application and personal data within it will become part of the relevant person’s staff file.

Your rights

Under the GDPR, you have the following rights:

• to obtain access to, and copies of, the personal data we hold about you.
• to require that we cease processing your personal data if the processing is causing you damage or distress;
• to require us not to send you marketing communications;
• to request that we erase your personal data;
• to request that we restrict our data processing activities in relation to your personal data;
• to receive from us the personal data we hold about you, which you have provided to us, in a reasonable format specified by you, including for the purpose of transmitting that personal data to another data controller; and
• to require us to correct the personal data we hold about you if it is incorrect.

Please note that the above rights are not absolute, and requests may be refused where exceptions apply. You can find out more about your rights at www.ico.org.uk.

If you have any questions about these rights or how your personal data is used by us, you should contact the Data Protection Officer whose details are set out in the section Data controller and Data Protection Officer details above.

Contact and complaints

The ICO does recommend you seek to resolve any issues with the data controller initially prior to any referral to it. If you have any queries about this privacy notice or how we process your personal data, or if you wish to exercise any of your rights under applicable law, you may contact your line manager or the Data Protection Officer whose details are set out in the section Data controller and Data Protection Officer details above. If following such referral you are still not satisfied with how your personal data is used by the Company you can make a complaint to the Information Commissioner (www.ico.org.uk).

This notice

The Company will update this Privacy Notice from time to time. Any substantial changes that affect your rights will be provided to you directly as far as is reasonably practicable.