Data privacy notice for job applicants
1. About this data privacy notice
- 1.1 Leyton (meaning Leyton UK Limited) is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you.
- 1.2 You are being given a copy of this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). It 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).
- 1.3 This notice does not form part of any offer of employment and we may amend it at any time to reflect any changes in the way in which we process your personal data.
2. Data protection principles
- 2.1 “Personal data” is any information about a living individual from which they can be identified, such as name, ID number, location data, any online identifier (such as IP address), or any factor specific to the physical, physiological, genetic, mental, economic or social identity of that person. It does not include data where any potential identifiers have been removed (anonymous data) or data held in an unstructured file.
- 2.2 There are “special categories” of more sensitive personal data which are more private in nature and therefore require a higher level of protection, such as genetic data, biometric data, information about sex life or sexual orientation, race or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and health. For the purposes of this notice, personal data relating to criminal convictions will also fall within the description of special category personal data.
- 2.3 When we refer to “processing”, this means anything from collecting, using, storing, transferring, disclosing, altering or destroying personal data.
- 2.4 We will comply with data protection law and principles, which means that your data will be:
- (a) Used lawfully, fairly and in a transparent way.
- (b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- (c) Relevant to the purposes we have told you about and limited only to those purposes.
- (d) Accurate and kept up to date.
- (e) Kept only as long as necessary for the purposes we have told you about.
- (f) Kept securely.
3. The kind of information we hold about you
- 3.1 In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:
- (a) The information you have provided to us in your curriculum vitae and covering letter.
- (b) The information you have provided on our application form, including name, title, address, telephone number, personal email address, employment history, and qualifications.
- (c) Any information you provide to us during an interview.
- (d) Information provided in voicemails, emails, correspondence and other communications created, stored or transmitted by you in order to progress your application through the recruitment process.
4. How is your personal information collected?
- 4.1 We collect personal information about candidates from the following sources:
- (a) You, the candidate.
- (b) Recruitment agencies.
- (c) Your named referees.
- (d) Background check agencies.
- (f) Social media, such as LinkedIn.
5. How we will use information about you
- 5.1 We will use the personal information we collect about you to:
- (a) Assess your skills, qualifications, and suitability for the role.
- (b) Carry out background and reference checks, where applicable.
- (c) Communicate with you about the recruitment process.
- (d) Keep records related to our hiring processes.
- (f) Comply with legal or regulatory requirements.
- 5.2 It is in our legitimate interests to decide whether to appoint you to a role since it would be beneficial to our business to appoint someone to that role.
- 5.3 We also need to process your personal information to decide whether to enter into a contract of employment with you.
- 5.4 Having received your CV and covering letter, 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 role. If we decide to offer you the role, we will then take up references before confirming your appointment.
6. If you fail to provide personal information
- 6.1 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 references for this role and you fail to provide us with relevant details, we will not be able to take your application further.
7. Information about criminal convictions
- 7.1 We do not envisage that we will process information about criminal convictions.
8. Automated decision-making
- 8.1 “Automated decision-making” takes place when an electronic system uses information to make a decision without human intervention.
- 8.2 We do not envisage that any decisions will be taken about you using automated means; however, we will notify you in writing if this position changes.
9. Data sharing
- 9.1 We will only share your personal information with the following third parties for the purposes of processing your application: Leyton’s parent company, other entities in the group, IT system management.
- 9.2 All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
10. Transferring information outside the EEA
- 10.1 We may transfer the personal information we collect about applicants to the following countries outside the EEA for systems support and hosting of data, or as part of the recruitment process for the job(s) you are applying for: Morocco, the United States, Canada. There is no adequacy decision by the European Commission in respect of these countries. This means that neither the United States, Canada nor Morocco is deemed to provide an adequate level of protection for your personal information.
- 10.2 However, to ensure that your personal information does receive an adequate level of protection we have put in place data sharing agreements and data processing agreements to ensure that your personal information is treated by third parties in those countries in a way that is consistent with and which respects the EU and UK laws on data protection.
- 10.3 Alternatively, we may seek your explicit consent to such processing.
- 10.4 If you require further information about these protective measures, you can request it from our Data Privacy Manager (see paragraph 15).
11. Data security
- 11.1 Your personal data is stored in a variety of locations, including electronically on our secure servers and in hard-copy form in access-restricted, locked filing cabinets.
- 11.2 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.
- 11.3 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.
- 11.4 We have put in place procedures to deal with any suspected or actual data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
12. Data retention
- 12.1 We will keep your personal information for as long as is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
- 12.2 If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.
13. Your rights in connection with personal information
- 13.1 Under certain circumstances, by law you have the right to:
- (a) 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.
- (b) 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.
- (c) 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).
- (d) 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.
- (e) 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.
- (f) Request the transfer of your personal information to another party.
- 13.2 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 write to Ingrid McGhee by email at: DPM@leyton.com.
14. Right to withdraw consent
- 14.1 When you applied for this role, you provided consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please write to Gillian Cole by email at: email@example.com. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.
15. Data privacy manager
- 15.1 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, Ingrid McGhee, by email at: DPM@leyton.com.
- 15.2 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. We encourage you to contact us first with a view to letting us help in resolving any queries or questions.