Your Personal Data as a Prospective or Current Employee

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Kingswood Care and Support  is committed to protecting the privacy and security of your personal information.  This privacy notice describes how we collect and use personal information about you during and after your relationship with us if you are a prospective employee or current employee of the company. 

 

Kingswood Care and Support is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

 

DATA PROTECTION PRINCIPLES

 

We will comply with data protection law including the Data Protection Principles which include an obligation to only use the information lawfully and in a transparent way.

 

A list of the categories of information we hold about you is attached as a Schedule to this agreement.

 

HOW WE WILL USE INFORMATION ABOUT YOU

 

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information to perform your employment contract, to comply with legal obligation or where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

 

The situations in which we will process your personal information are listed below:

 

• Making decisions about your recruitment or appointment, salary reviews and continuing your employment.

• Determining the terms on which you work for us.

• Checking you are legally entitled to work in the UK.

• Processing your payments including administering necessary tax and National Insurance deductions.

• Processing your pension in accordance with our statutory automatic enrolment duties.

• Administering the contract we have entered into with you including conducting performance reviews, managing performance and determining performance requirements.

• Gathering evidence for possible grievance or disciplinary hearings.

• Education, training and development requirements.

• Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.

• Ascertaining your fitness to work and managing sickness absence.

• Complying with health and safety obligations.

• To prevent fraud.

• To monitor your use of our information and communication systems to ensure compliance with our IT policies.

• Equal opportunities monitoring.

• We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance.

• 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.

 

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

 

SENSITIVE PERSONAL INFORMATION

 

"Special categories" of particularly sensitive personal information require higher levels of protection

 

We do not need your consent if we use special categories of your personal information to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

 

INFORMATION ABOUT CRIMINAL CONVICTIONS

 

We may only use information relating to criminal convictions where the law allows us to do so. Due to the nature of our business, we will hold information about criminal convictions and we may process such information about employees or former employees in the course of legitimate business activities with the appropriate safeguards.

 

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. 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.

 

DATA SHARING

 

We may have to share your data with third parties, including third-party service providers and other entities in the group.  We require third parties to respect the security of your data and to treat it in accordance with the law.  We may transfer your personal information outside the EU.  If we do, you can expect a similar degree of protection in respect of your personal information.

 

Which third-party service providers process my personal information?

 

"Third parties" includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: pension administration, benefits provision and administration, IT services.  We will share personal data regarding your participation in any pension arrangement operated by the company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements.

 

What about other third parties?

 

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.  We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, disclosures to POVA and disclosures to shareholders such as directors' remuneration reporting requirements.

 

DATA SECURITY

 

We have put in place measures to protect the security of your information. Details of these measures are available upon request.  Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

 

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.

 

DATA RETENTION

 

How long will you use my information for?

 

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our Records and Record Keeping Policy.

 

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

 

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.  You have the right to ask for a copy of the personal information we hold about you and you can ask for it to be corrected or erased in certain circumstances. We can explain your rights upon request. No fee usually required.  However, we may refuse to comply with the request if it is clearly unfounded or excessive.

 

DATA PROTECTION OFFICER

 

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.

 

 

PRIVACY NOTICE - Schedule 1

 

We will collect, store, and use the following categories of personal information about you:

 

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.

• information to assist in processing payments to you such as your date of birth, National insurance number, bank account details, tax status and pay roll records.

• Gender.

• Marital status and dependants.

• Next of kin and emergency contact information.

• Salary, annual leave, pension and benefits information.

• Start date and, if different, the date of your continuous employment.

• Leaving date and your reason for leaving.

• Location of employment or workplace.

• Copy of driving licence.

• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).

• Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).

• Performance information.

• Disciplinary and grievance information.

• CCTV footage.

• Information about your use of our information and communications systems.

• Photographs.

 

We may also collect, store and use the following "special categories" of more sensitive personal information:

 

• Information about your race or ethnicity, religious beliefs and sexual orientation.

• Trade union membership.

• Information about your health, including any medical condition, health and sickness records, including:

  • details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and

  • where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions purposes.

• Information about criminal convictions and offences.

 

 

If you have any questions about this privacy notice, please contact us using the enquiries button on this website or by using the company telephone number.

 

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