Privacy Notice – Working with U
Who we are
When we say 'we', we mean U which is a trading name of Shelby Finance Ltd registered in England and Wales under company number 08117620 and with registered office at Kingston House, Centre 27 Business Park, Woodhead Road, Birstall, Batley, West Yorkshire, WF17 9TD and for the purposes of the General Data Protection Regulation ('GDPR'), we are a 'data controller'. This means that we are responsible for deciding how we hold and use personal information about you. This privacy notice describes how we collect and use personal information about you before, during and after your working relationship with us. It applies to all applicants, employees, workers and contractors.
Our approach to privacy
We understand how important it is to protect your privacy and we want to make sure that you have trust and confidence in the way we deal with your personal information.
We'll always ensure that your personal information is processed lawfully, fairly and transparently. We'll only collect your personal information for the reasons we've outlined in this Privacy Notice and we'll make sure that we don't process it in any way that's not described below.
The information we collect
We collect and process personal information about you during the application and recruitment process. This is provided to us either directly from you or sometimes from an employment agency or background-check provider. We may sometimes collect additional information from third parties including former employers or other publicly available information. If successful in your application, we will also collect and process additional personal information in the course of job-related activities throughout the period of you working for us.
During the recruitment process the information we collect about you includes:
- Personal information such as name, date of birth, gender, address, telephone numbers, and personal email addresses. We need these to complete background checks and to be able to contact you while you are working for us. We also use these details to administer our Workplace Pension Scheme.
- 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. This is to inform our decisions regarding your recruitment or appointment.
- Background screening information, including ID checks, credit checks and information about criminal convictions. This information is used to inform decisions about your recruitment or appointment and to check you are legally entitled to work in the UK.
- Information about your race or ethnicity. This is for the purposes of equal opportunities monitoring and reporting.
If you are successfully appointed the following will also be collected:
- Personal information such as name, date of birth, gender, address, telephone numbers, and personal email addresses. We need these to complete background checks and to be able to contact you while you are working for us. We also use these details to administer our Workplace Pension Scheme.
- 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. This is to inform our decisions regarding your recruitment or appointment.
- Background screening information, including ID checks, credit checks and information about criminal convictions. This information is used to inform decisions about your recruitment or appointment and to check you are legally entitled to work in the UK.
- Information about your race or ethnicity. This is for the purposes of equal opportunities monitoring and reporting.
If you are successfully appointed the following will also be collected:
- Emergency contact information. We collect this in case you are involved in an emergency and we need to contact your next of kin or we are unable to get in contact with you and are concerned for your well-being.
- National Insurance number, bank account details, payroll records and tax status information. This is for paying you, administering pensions, and, if you are an employee or worker, deducting tax and National Insurance contributions.
- Compensation history, annual leave, pension and benefits information. This is for the purposes of business administration and planning, including accounting and auditing.
- Employment records and performance information (including job titles, work history, working hours, training records, disciplinary and grievance information). Primarily for administering the contract we have with you, including managing performance, making decisions about salary reviews and promotions, training and development, any grievance or disciplinary issues, and making decisions about your continued employment or engagement.
- Information about your use of our information and communications systems. This enables us to ensure that performance standards are being met, our systems are being used as intended and to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems.
- Photographs. We may use your photograph to support recognition and collaboration among the team. Sometimes photos may be shared on our media channels but only with your consent.
- Information about your health, including any medical conditions and sickness records. This information will be for ascertaining your fitness to work, managing sickness absence and complying with health and safety and employment law obligations.
- If you are an employee, details of any dependants. This is to administer our group life insurance policy.
We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
In exceptional circumstances we may also use your personal information where we need to protect your interests (or someone else's interests).
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to enter into or perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
How we use particularly sensitive personal information
‘Special categories' of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- In limited circumstances, with your explicit written consent. For example where we ask for your consent to undertake a background check. Where we are processing data based on your consent, you have the right to withdraw that consent at any time.
- Where we need to carry out our legal obligations and in line with our data protection policy.
- Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
In exceptional circumstances 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.
Our obligations as an employer
We will use your particularly sensitive personal information in the following ways:
- We will use information relating to leaves of absence, which may include sickness absence or family-related leaves, to monitor and manage absence and to comply with employment and other laws.
- 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.
- We will use information about your race or ethnic origin for equal opportunity monitoring and reporting.
- We will use information about any previous convictions or other adverse information which comes through our background checks to inform our decision regarding your appointment or recruitment.
Information about criminal convictions
We will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences to inform decisions about applicants' suitability for a role, to protect our legitimate business interests and the interests of our customers. If a record is identified and it is decided to progress your appointment we may make a file note of any discussions had with you and will keep this securely and shared only on an as-needs basis.
Automated decision-making
No 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, where required by law, to administer the working relationship with you or where we have another legitimate interest for doing so. We require third parties to respect the security of your data and to treat it in accordance with the law.
During recruitment we use a service called Workable to help us manage our job applications. You can read their privacy policies here.
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
Other activities which are carried out for us by third-party service providers include: payroll administration, pension administration, benefits provision, IT services and HR systems. These are in place to enable us to administer our working relationship with our employees, workers and contractors.
Keeping your information safe and secure
We take the security of your personal information very seriously. We have policies and procedures in place to make sure that your information can only be accessed by authorised employees and that your information is handled and stored in a secure and confidential manner. We regularly review these policies and procedures.
How long we'll keep your information
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 from HR. 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, and the applicable legal requirements.
Once you are no longer an employee, worker or contractor of the company, we will retain and securely destroy your personal information in accordance with applicable laws and regulations. This will generally be for six years after your employment ceases.
Changes to your personal information
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 can do this by updating your details in the Cezanne HR system.
Your rights
You have certain rights over your personal information, which we've detailed below.
Your right to access the information we hold on you
You can contact us at any point to request the information we hold on you, as well as to enquire why we have that information, who has access to the information and where we got the information. Once we have received your request we will provide this information to you within one month. This information is available free of charge, except in exceptional circumstances.
Your right to rectification
If the information we hold on you is out of date, incomplete or incorrect, you can contact us and we will correct any inaccuracies.
Your right to erasure
You can request to have the personal information we hold about you deleted. However you should be aware that to comply with the law, we are required to retain many records even after you your employment with us has ceased. You can contact us at any point to make this request.
Your right to restriction
There are some circumstances where you can ask us to stop processing your personal information in a certain way. We'll let you know if we're able to comply with your request.
Your right to portability
You have the right to request that the personal information we hold about you be provided to another company in an electronic format, safely and securely.
Your right to object
Depending on the lawful basis for which we are processing your personal information, you may be entitled to object.
Your rights in relation to automated decision-making
You have the right to object to any decisions based on the automated processing of your personal data, including profiling.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Data protection officer
We have appointed a Data Protection Officer (DPO) to oversee compliance with our data protection obligations. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO ([email protected]). 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.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new 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 information.