APPLICANT PRIVACY NOTICE
ISSUED BY MARGARET HOWELL LIMITED
Last Updated: November 2021
THE PURPOSES OF THE DOCUMENT
Margaret Howell Ltd, a company registered in England and Wales with company number 2134765 and registered address 6 Welbeck Way, London W1G 9RZ (“Margaret Howell”, “we”, “us” or “our”) collects and processes personal data relating to you in the course of your:
- applications for job vacancies published by us through any means;
- prospective applications for potential job vacancies at Margaret Howell; and
- interview or participation in any other application process with us.
(the “Recruitment Process”).
This applicant privacy notice (the “Applicant Privacy Notice”) has been prepared to provide you with an explanation of how and why we process the personal data that we hold about you in relation to your progression through our Recruitment Process.
If you have any questions or comments about this Applicant Privacy Notice, please contact us at: firstname.lastname@example.org
If, following completion of the Recruitment Process, you are successful, we will collect, use and store additional personal data about you in order to meet our obligations in connection with your engagement with us, and issue you with a separate privacy notice (the “Staff Privacy Notice”).
When we collect and use information about you, we will likely do so as the “data controller”. This means that we are responsible for deciding the purposes and means for which the personal data that we hold about you is being processed. We will comply with all applicable data protection laws, including without limitation the UK General Data Protection Regulation and the Data Protection Act 2018.
It is important that you read, understand and comply with any policies, notices or other information regarding personal data. We reserve the right to update this Applicant Privacy Notice at any time, and we will provide you with a new Applicant Privacy Notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data.
This Applicant Privacy Notice applies to all applicants (including those for permanent and temporary roles), but it does not form part of any contract of employment, other contract of engagement or any contract for providing services.
Please note that in certain situations you have the right to object to our processing of your personal data. You may also choose not to provide us with your personal data when requested, but please be aware that to the extent you do, we may not be able to consider your application.
THE TYPES OF INFORMATION WE HOLD ABOUT YOU
We may collect, store, and use the following categories of personal data about you:
Personal contact & background data
- Personal contact details such as your full name, title, date of birth, home address, personal telephone numbers, personal email addresses, photograph, copy of or details of your driving licence and/or passport.
- Further personal details such as age, gender, marital status, national insurance number and caring responsibilities.
- Next of kin and emergency contact information.
- Education records (including educational background, copies of diplomas, degree certificates, transcripts, training records or other evidence of academic achievement or work experience, technical skills, language capabilities).
- References from previous education institutions.
Data relating to the application process
- Recruitment information (including copies of right to work documentation such as copies of passport or work visas, offer letters, references received or other data produced during an immigration process).
- Information or materials submitted by you in advance of interviews, assessments or phone-screenings (including information included in a CV, cover letter or response to pre-interview assessment questions).
- Information from interviews, assessments or phone-screenings (such as interview notes, tests or assessment forms).
- Information about previous applications for roles made to us.
- Information relating to previous or current employment or work engagement history (including references from previous employers or other relevant referees, current salary and notice period).
- Correspondence produced during the course of the application process (including emails exchanged with Margaret Howell employees, workers and contractors).
"Special categories" of personal data
- Health and medical data (including information relating to medical conditions, short or long-term disabilities, physical limitations, visual or hearing impairments and special needs).
- Equal opportunities monitoring data (including information relating to racial or ethnic origin, religious beliefs and sexual orientation).
- Information about criminal convictions and offences.
We need to process your bank account details and tax status information to ensure you are paid for to the extent you undertake any trial working days with us.
How you use the Service
Information regarding how you access and use the Service (defined in section 3 below) such as Internet Protocol (IP) address, browser type, and access details, is automatically collected through the use of analytics tools, including cookies (a small text file placed on your hard drive) or similar technologies. Please refer to paragraph 13 for more information.
HOW YOUR PERSONAL DATA IS COLLECTED
We use a third party service consisting of a careers website and associated careers platform provided by TeamTailor ("Service”) to run the majority of, and store personal data processed in accordance with, our Recruitment Process.
We may collect personal data about you in a variety of ways. Mostly, we collect personal data directly from you in circumstances where you actively provide your personal data to us either directly, or via the Service. For example, through your application, application forms, CVs or resumes, identity documents, forms completed by you, correspondence with you or through interviews or other assessments.
We may sometimes collect additional information about you from third parties, including recruiters, former employers or customers, educational institutions, professional accreditation bodies or via your profile on social media such as Linkedin or Facebook. This collection may be performed manually by our employees or automatically using the Service.
Finally, we may also collect additional information about you from existing Margaret Howell employees, directly or via the Service.
Certain information must also be provided by you in order to enable us to facilitate your participation in the Recruitment Process. If you do not provide such information, this will hinder our ability to administer the rights and obligations arising as a result of our potential relationship (such as an obligation to pay you). We may also be prevented from complying with our legal obligations (such as an obligation to ensure the health and safety of our applicants).
CHANGES TO YOUR PERSONAL DATA
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your Recruitment Process.
HOW WE WILL USE INFORMATION ABOUT YOU AND ON WHAT BASIS
We need to process the information listed in paragraph 2 above in order to:
- enable us to comply with our legal obligations
– this applies to the following Purposes (as numbered below): 1, 3, 4 (our obligations to ensure you are entitled to work in the UK and to ensure health and safety of our workplace and personnel); 7 (in respect of legal obligations we may have regarding tax and National Insurance contributions); 9 (in the event that legal proceedings give rise to legal obligations);
- to pursue legitimate interests of our own or of third parties to operate our business, provided that the resulting impact on your interests and fundamental rights does not override those interests – this applies to Purposes: 1-6 (where the relevant legitimate interests are our interests, and yours, in ensuring that you are the right candidate for the role, suitably qualified and experienced, and that the terms of your prospective employment meet our mutual expectations and requirements); 8 (where the interests are our and your mutual interests in keeping you informed of new vacancies which may be a good fit for you and us); 9 (where we may retain information about or arising from the Recruitment Process to ensure our records are adequate for us to assess and address any potential future grievances or legal proceedings);
- (in limited circumstances, as notified to you from time to time) with your consent; and/or
- where necessary for performance of a contract (or to take steps at your request prior to entering into a contract) – this applies to Purpose 5, 6 and 7.
We will process your personal data to (the “Purposes”):
- determine your suitability for a specific role (including ascertaining your fitness and entitlement to work);
- assess your skills and qualifications;
- verify the information that you have provided to us;
- carry out reference checks or background checks (where necessary);
- determine the terms on which you work for us;
- manage the hiring process and communicate with you about it;
- process payment for any trial days worked, including deductions for tax and National Insurance contributions;
- inform you of newly arising vacancies (where you have requested us to do so); and/or
- deal with any legal proceedings arising from the Recruitment Process.
Sometimes the legal bases for processing will overlap and there may be several legal bases that support our processing of your personal data.
In some circumstances we may anonymise your personal data so that it can no longer be associated with you for company reporting and monitoring, in which case we may use such information without further notice to you.
HOW WE USE SPECIAL CATEGORIES OF PERSONAL DATA
‘Special categories’ of personal data such as (without limitation) the data listed under ‘Special categories’ at Section 2 above, are granted higher levels of protection by data protection laws. We will only process special categories of personal data if it is appropriate given the nature of the circumstances of your Recruitment Process and where we are legally able to do so.
We are only able to legally process your special category personal data where we have identified both a lawful basis and a 'special condition' for such processing:
- We process your health and medical data (including information relating to medical conditions, short or long-term disabilities, physical limitations, visual or hearing impairments and special needs), to ensure your health and safety in the workplace and provide appropriate workplace adjustments (including for interviews). Our special conditions for this processing are that it is necessary for the purposes of carrying out our obligations, and exercising your (and our) rights, in the field of employment law. Our legal basis for this processing is compliance with our legal obligations.
- We process equal opportunities monitoring data (including information relating to racial or ethnic origin, religious beliefs and sexual orientation), to ensure meaningful equal opportunity in our workplace together with the monitoring and reporting on the same. Our special condition for this processing is that it is necessary for: (i) the purposes of carrying out our obligations, and exercising your (and our) rights in, the field of employment or social protection law and/or (ii) reasons of substantial public interest in ensuring equal opportunities are monitored and reported on. Our legal basis for this processing, is our legitimate interest (and your interest, and that of the public) in identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people with a view to enabling such equality to be promoted or maintained.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
INFORMATION ABOUT CRIMINAL CONVICTIONS
We do not foresee that we will process criminal conviction related information about most of our recruitment candidates or staff. If we do, we will only do so because: (i) there is a legal basis to justify that processing; (ii) the law permits us to do so (such as so that we can carry out legal rights and obligations necessary in the context of the particular role); and (iii) we find it necessary, taking account of the particular role and levels of responsibility and access of the member of staff.
Our background checks may involve, for example, DBS checks in some cases or voluntary disclosure by you.
Where we do undertake this processing activity, we do so in pursuit of our legitimate interests (being our interests in promoting the success of our business). Similar to special category data, we also need to have an additional special condition for processing criminal convictions data, which in this case is either that:
- it is necessary to establish whether an applicant has previous convictions for violent crimes for the purposes of carrying out our employment law obligation to take reasonable care for the safety of our employees; and/or
- for applicants who may work within our retail stores or with customer or company finances, it is necessary to establish whether an applicant has previous convictions for theft or fraud for the purposes of the prevention of such unlawful acts, and it is not possible to obtain consent for the processing because to do so would prejudice such purposes.
Where a background check is a voluntary disclosure by you of criminal records, we may then rely upon the legal basis of your consent - and we will make that clear to you at the relevant time during the recruitment process. If we undertake this processing on the basis of your consent, you can withdraw your consent at any time by getting in touch with us.
Third party service providers
We may share personal data with third party service providers insofar as it is reasonably necessary for the purposes set out in this Applicant Privacy Notice, provided that they do not make independent use of the information. We only permit them to process your personal data for specified purposes and in accordance with our instructions. All our third party service providers are required to take appropriate security measures to protect your personal data in line with our policies.
The categories of third party service providers we use include: the provider of the Services (TeamTailor), payroll service providers (to the extent you are successful in your Recruitment Process) and IT service providers.
Other third parties
We may share your personal data with other third parties, for example where using professional advisors (e.g. bankers, accountants, auditors, legal representatives) or where required by law, court order, administrative agency or other government body (e.g. to HMRC), public authority or regulator to meet national security, law enforcement or other legal requirements.
INTERNATIONAL DATA TRANSFERS
We are established in the United Kingdom and our servers are located in [Edmonton, Greater London, N9]. Where we transfer your information outside of the UK and/or EEA, we will first put in place appropriate measures to ensure the adequate protection of your personal data. Those measures may include, for example, specific contracts containing the EU Commission's standard contractual clauses or another appropriate measure.
In the event an international data transfer of your personal data occurs and you require further information about the protective measures that we apply, please contact [email@example.com]
We will take all reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal data.
Please be aware that, while we place a high priority on the security of all information that we hold and process and we endeavour to provide robust, commercially reasonable security at all times, no security system can prevent every possible kind of security breach.
We will only retain your personal data 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.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or accidental disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In particular, please note that in circumstances where you submit details in order to be notified of future vacancies, we will request your consent after a one year period to continue processing your personal data for this purpose. You may withdraw your consent at any time by contacting firstname.lastname@example.org.
If your application is successful, the personal data described in this Applicant Privacy Notice will be held and processed in accordance with the Margaret Howell Staff Privacy Notice.
YOUR RIGHTS IN RELATION TO PERSONAL DATA WHICH WE PROCESS RELATING TO YOU
You have the following rights over the way we process personal data relating to you:
Request access. You have the right to ask for a copy of personal data we are processing about you.
Request correction. You have the right to request correction of the personal data we hold about you, such as if it is incomplete or inaccurate.
Request erasure. You have the right to request erasure of your personal data, where there is no legitimate reason for us to continue to process it, or where you have exercised your right to object to the processing (see below).
Object to processing. You have the right to object to the processing of your personal data where we rely upon the legal basis of our (or a third party’s) legitimate interests for that processing.
Request processing restriction. You have the right to ask us to suspend processing of your personal data, such as if you want to establish its accuracy or the reasons for it being processed.
Request machine-readable copy and transfer. You have the right to request a machine-readable copy of your personal data, which you can use with another data controller. Where it is technically feasible, you can also ask us to send this information directly to another data controller if you prefer.
Right to make a complaint. You have the right to make a complaint to a data protection supervisory authority. In the UK, the relevant supervisory authority would be the Information Commissioner’s Office.
Right to withdraw consent. In the limited circumstances for any processing by us of your personal data for which we rely upon the legal basis of your consent, you have the right to withdraw your consent at any time upon notice to us. If you do, we will no longer process the relevant personal data.
If you wish to make a request or exercise your rights, please contact us at: email@example.com. We aim to comply without undue delay, and within one month at the latest.
Please be aware that we may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.