Policy Owner: Head of Legal
Effective Date: 17 May 2024
&Open Gifts Limited (“&Open” "we," or "us") are "controller" in relation to your personal data. This means that we are responsible for deciding how we hold and use personal data about you. You are being sent 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 required under data protection laws.
We will comply with data protection law and principles, which means that your data will be:
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:
— documentation such as work permits, details of residency, proof of citizenship; and
— information about your health, including any medical condition.
We collect personal information about candidates from the following sources:
We will use the personal information we collect about you to:
We will only use your personal information where the law allows. Most commonly we will use your personal information to:
Having received your application, 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
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.
We will use your particularly sensitive personal information in the following ways:
If you are offered and accept employment the information collected during the recruitment process will become part of your employee record.
We would only use information relating to criminal convictions where the law allows us to do so. We currently do not process information about criminal convictions.
In compliance with data protection laws, 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 have notified you).
We will only share your personal information with the following third parties for the purposes of processing your application, e.g. our HR management IT system which is provided by a third party provider. 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.
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.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We will retain your personal information for a period of 12 months after we have communicated to you our decision about whether to appoint you to the role. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.
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.
Under certain circumstances, by law you have the right to:
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 contact the data protection team on dataprotection@andopen.co.
In limited circumstances where you have provided consent to the collection, processing and transfer or your personal information, you have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact the data protection team on dataprotection@andopen.co. 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.
Our Head of Legal oversees compliance with this Privacy Notice. If you have any questions about this Privacy Notice or how we handle your personal data, or would like to make a data subject rights request, please contact the Head of Legal via dataprotection@andopen.co
If you are unsatisfied with our response to any issues that you raise, you may have the right to make a complaint with the data protection authority in your jurisdiction by contacting the data protection authority.
If you have any questions about our processing of your personal data or would like to make an access or other request, please contact us at: dataprotection@andopen.co
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