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Prospective Employees Privacy Policy

Prospective Employees Privacy Policy

1. Introduction

1.1 The Channel Islands Co-operative Society Limited (the “Society”, “us”, or “we”), its subsidiaries and all affiliated entities, are committed to respecting and protecting your privacy. This Privacy Policy (the “Privacy Policy”) explains how we will collect, store and use any personal data you provide via our website, email or networking with our people, and when you otherwise communicate with us.

1.2 The Society, which is registered as a data controller with the Office of the Information Commissioner in Jersey, and our registration number is 15593. We are also registered as a data controller with the Office of the Data Protection Commissioner in Guernsey, and our registration number is 10219.

1.3 The Society is registered under the Industrial & Provident Societies Act 1965 - 1978 (Industrial & Provident Societies (Channel Islands) Order 1965 - 1978) and has its registered office at Co-operative House, 57 Don Street, St Helier, Jersey JE2 4TR. The Society is registered with the Mutuals Section of the Financial Conduct Authority in the United Kingdom (Number 14672R). The Financial Conduct Authority acts as registrar for Industrial & Provident Societies (Co-operatives).

2. About this privacy policy

2.1 Please take the time to read this Privacy Policy, which contains important information about the way in which we process personal data about you during your prospective employment relationship with us.

2.2 This Privacy Policy applies to prospective employees of the Society (or any of its subsidiaries or associated entities). This Privacy Policy does not form part of any possible future contract of employment or other contract to provide services and we may update or amend this Privacy Policy at any time.

2.3 For more information about our approach to data protection, please see our Data Protection Policy.

2.4 This Privacy Policy may change from time to time and we will also tell you about any important changes to our Privacy Policy.

2.5 For the purposes of this Privacy Policy, the “Data Protection Law” shall mean The Data Protection (Jersey) Law 2018, as amended from time to time, or as the context dictates, The Data Protection (Bailiwick of Guernsey) Law 2017, as amended from time to time.

2.6 The Data Protection Law comes into force on 25 May 2018, and substantially changes the law on data protection. From 25 May 2018, we will no longer ask prospective employees to consent to the processing of their personal data as part of their contracts of employment and will instead rely on the legal grounds as set out in this Privacy Policy.

2.7 The contents of this Privacy Policy and our Data Protection Policy are overseen by our Data Protection Officer, whose name and contact details are below:

Post: 
Christopher Lintell
Data Protection Officer
The Channel Islands Co-operative Society
Co-operative House
57 Don Street
St Helier
Jersey
JE2 4TR

Email: dpo@channelislands.coop

Telephone: 01534 879822

3. How will we use your personal data?

3.1 We will collect, store, use and share information about you in order to carry out our activities as a business and our obligations as a prospective employer. We will normally only do this where: 

  • it is necessary in order to comply with legal obligations which apply to us;
  • it is necessary for the performance of your prospective employment contract;
  • it is necessary in order to fulfil our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
  • the law otherwise permits or requires it.

3.2 We may also use your personal information in the following situations, which are likely to be rare:

  • where we need to protect your interests (or someone else’s interests); or
  • where it is needed in the public interest.

3.3 In addition to the information that you provide to us, we may also collect, store and use information using the following means:

  • when you apply for employment, through undertaking our pre-employment checks including through the use of an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies, the police and the Jersey and/or Guernsey Financial Services Commission;
  • CCTV, which we may use for the purposes of ensuring safety and for internal investigations and the prevention and detection of crime. Where we collect information through our use of CCTV we will only do so in compliance with our CCTV Policy; and

3.4 The table at Schedule 1 sets out the type of information we may collect and what it may be used for, but some of the grounds for processing referred to in that table will overlap and there may be several grounds which justify our use of your personal information.

3.5 If you fail to provide certain information when requested, we may not be able to meet our obligations towards you, or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our prospective employees).

3.6 Please note that we may process your personal information without your knowledge or consent where this is required or permitted by law.

3.7 Data Protection Law identifies certain “special categories” of data, including information about race or ethnicity, religious beliefs, sexual orientation, political opinions, trade union membership, medical conditions, genetics, biometrics and criminal convictions. We may use such information in the following ways:

  • we will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to obtain an assessment of your fitness to work were required;
  • 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.

3.8 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 details of the information that we would like and the reason(s) we need it, so that you can consider whether you wish to consent.

3.9 We will usually only collect information about criminal convictions if it is appropriate given the nature of the proposed role and where we are legally permitted to do so. Where appropriate, we may collect information about criminal convictions as part of the recruitment process.

3.10 No decisions will be taken about you using automated means. We will notify you in writing if this position changes.

4. Who will have access to your personal data?

4.1 Your personal data will only be seen or used by our employees who have a legitimate business need to access your data for the purposes set out in this Privacy Policy; this will include our HR team, your prospective line management and other employees who need the information to perform their management or administrative functions.

4.2 We will share your personal information with third parties where required by law, where it is necessary to administer the prospective working relationship with you or where we have another legitimate interest in doing so.

4.3 “Third parties” includes third-party service providers (including contractors, professional advisers, interims, designated agents, trades unions), and legal entities owned or controlled by the Society (the “Group”).

4.4 We will share your personal information with other entities in our group and associated entities, for example as part of our regular reporting activities on business performance and business planning, for system maintenance support and for hosting of data.

4.6 We may also share your personal information with other third parties, for example if a business transfer or change of business ownership takes place or is envisaged.

4.7 In addition, to comply with our legal, statutory and regulatory obligations, we may need to share your personal information with a regulator, tax office, or the Disclosure and the Jersey Barring Service and the Guernsey Vetting Bureau, and other legal or regulatory bodies.

4.8 We may share your personal data with our insurance providers (via our insurance brokers) in relation to reportable incidents and/or insurance claims where necessary to comply with our obligations, where we have a legitimate interest in doing so, to perform the rights and obligations connected with your prospective employment, and the establishment, exercise or defence of legal claims.

4.9 Our third-party service providers, insurance providers and brokers, other entities in the group and other third parties 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.

4.10 We may transfer personal data about you between Jersey and Guernsey. As Jersey and Guernsey are not within the European Economic Area (EEA), we may transfer therefore personal information about you outside of the EEA. To ensure that your personal information receives an adequate level of protection we will put in place appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the Data Protection Law in both jurisdictions.

5. How we protect your personal data

5.1 We have put in place appropriate physical, technical and organisational security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

6. How long we keep your personal data

6.1 We will only retain your personal information for as long as we consider it necessary to fulfil the purposes we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements.

6.2 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 disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, the applicable legal requirements and other factors that we consider relevant.

6.3 In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

6.4 Once you are no longer a prospective employee of the company we will retain and securely destroy your personal information in accordance with our Data Protection Policy.

7. Tell us about changes

7.1 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 employment application process with us.

8. What are your rights?

8.1 Under certain circumstances and subject to certain conditions, by law you have the right to:

  • 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.
  • 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.
  • 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).
  • 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.
  • 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 agreed to, unless we have exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive (for example if you make multiple similar requests). Alternatively we may refuse to comply with your request in such circumstances.

8.2 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 information is not disclosed to any person who has no right to receive it.

8.3 In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing. To withdraw your consent, please contact the Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally consented to.

8.4 If you have any questions or concerns about how we handle your personal information, please contact the HR team or the Data Protection Officer.

8.5 If you are unsatisfied with our response to any data protection issues you raise with us, you have the right to make a complaint to the Office of the Information Commissioner in Jersey or the Office of the Data Protection Authority, in Guernsey.

 

You can contact them as follows:

Jersey

Office of the Information Commissioner
2nd Floor
5 Castle Street
St Helier
Jersey
JE2 3BT

Tel: 01534 716530

Email: enquiries@oicjersey.org

Web:  www.oicjersey.org

 

Guernsey

Office of the Data Protection Authority
St Martin's House
Le Bordage
St Peter Port
Guernsey
GY1 1BR

Tel: 01481 742074

Email: enquiries@odpa.org

Web: www.odpa.gg

 

Schedule 1                               

Type of personal data

Legal basis for processing

What the personal data may be used for

Personal contact details such a as:

name

title

address

telephone numbers

personal email address

Fulfil our legitimate interests (or those of a third party).
Compliance with our legal obligations.

To contact you and to verify your identity, and to administer your employment application.

Date of birth

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. For equal opportunity monitoring and reporting, to ensure compliance with our legal obligations, and for business management and planning.

Gender

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. For equal opportunity monitoring and reporting, and to ensure compliance with our legal obligations.

Emergency contact details

Fulfil our legitimate interests (or those of a third party).

Protection of your interests.

To administer your employment application. To contact your next of kin in the event of an emergency.

Marital/civil partnership status and dependants

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. For equal opportunity monitoring and reporting, to ensure compliance with legal obligations and to administer benefit schemes.

Government identification information, such as:

 

Social security number

driving licence

passport

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. To verify your identity, and to comply with our legal obligations.

Education and training records

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. To ensure you have and maintain the correct qualifications and skills to perform your proposed role and for business management and planning.

Professional membership records

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. To ensure you have the relevant memberships required or desirable in order to perform your role and for business management and planning.

References, CVs, cover letters and work history

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. To ensure and evidence your suitability for your role.

Proof of work eligibility

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. To ensure you have the right to work in the country in which you work.

Photograph

Fulfil our legitimate interests (or those of a third party).

To administer your employment application. To verify your identity and for communications purposes.

Location data (through building entry/exit records)

Fulfil our legitimate interests (or those of a third party).
Protection of your interests.

To administer your employment application. To ensure building security, for use in emergency evacuation scenarios and for business management and planning.

Telephone records

Compliance with our legal obligations.

Fulfil our legitimate interests (or those of a third party).

To ensure network and information security and, if necessary, to detect and prevent inappropriate usage.

Race or ethnic origin

Necessary for the purposes of performing or exercising obligations or rights which are imposed on the prospective employer or employee in connection with employment.
Necessary for the establishment, exercise or defence of legal claims.

To administer your employment application. For equal opportunity monitoring and reporting, and to ensure compliance with our legal obligations.

Health records

Necessary for the purposes of performing or exercising obligations or rights which are imposed on the prospective employer or employee in connection with employment. Necessary for the establishment, exercise or defence of legal claims.

Necessary for the assessment of the working capacity of the employee.

To administer your employment application. To ensure safety in the workplace, to provide appropriate workplace adjustments and to ensure compliance with our legal obligations.

Biometric data

Necessary for the purposes of performing or exercising obligations or rights which are imposed on the prospective employer or employee in connection with employment.

To administer your employment application. For network and information security, to monitor timekeeping and attendance.

 

Sexual orientation

Necessary for the purposes of performing or exercising obligations or rights which are imposed on the prospective employer or employee in connection with employment. Necessary for the establishment, exercise or defence of legal claims.

For equal opportunity monitoring and reporting, and to ensure compliance with our legal obligations.

CCTV footage

Fulfil our legitimate interests (or those of a third party).

To ensure building security and for health and safety purposes.

Criminal records checks

Necessary for the purposes of performing or exercising obligations or rights which are imposed on the prospective employer or employee in connection with employment.

To administer your employment application. To ensure and evidence your suitability for your role and to comply with our legal and regulatory obligations.

Travel arrangements and working location

Compliance with our legal obligations.
Fulfil our legitimate interests (or those of a third party).

To administer your employment application. To enable us to account for your presence, and to contact you, in the event of an emergency.

 

Please note that, in the event of a dispute between us and you, any of the information set out above may be used to establish and defend a legal claim.

 

 

Effective Date: 25th May 2018