BARCHESTER HEALTHCARE LIMITED

Privacy Statement for job applicants May 2018

Key points:

• Why do we use your data? We use your personal information to consider your application for employment with Barchester.

• We use your sensitive data: During the application process, we use information about your health, racial and ethnic origin, sexual orientation and religion.

• Sharing data: We may share your data with third parties, including third-party service providers.

• Security: We respect the security of your data and treat it in accordance with the law.

• International transfer: We will not transfer your data outside of the EU.

1 WHAT IS THE PURPOSE OF THIS PRIVACY STATEMENT?

1.1 Under data protection legislation we are required to explain to our employees why we collect information about you, how we intend to use that information and whether we will share your information with anyone else.
1.2 This statement applies to all job applicants and prospective employees. We have a separate privacy statement which describes our use of employees’ personal data.
1.3 We may update this statement at any time.
1.4 It is important that you read this statement so that you know how and why we use information about you.
1.5 It is also important that you inform us of any changes to your personal information during your application process so that the information which we hold is accurate and current.

2 WHO ARE WE?

2.1 We are Barchester Healthcare Limited (Barchester), a company registered in England and Wales under company number 0279285 and with our registered office at 3rd Floor, The Aspect, Finsbury Square, London, United Kingdom, EC2A 1AS.
2.2 Barchester is a “data controller” in respect of the information we hold about you. This means that we are responsible for deciding how we use that personal information about you.

3 OUR DATA PROTECTION OFFICER

3.1 Our Data Protection Officer is responsible for overseeing what we do with your information and monitoring our compliance with data protection laws.
3.2 Our Data Protection Officer is Mike O’Reilly. If you have any concerns or questions about our use of your personal data, you can contact our Data Protection Officer via email at dpo@barchester.com.

4 WHY ARE WE COLLECTING YOUR INFORMATION?

4.1 The information that you provide to us as part of your application will be used by us to assess your suitability for the job for which you are applying. Without this information, we may not be able to consider your suitability for a job with us.

5 TYPES OF PERSONAL INFORMATION WE USE

5.1 We are collecting information about you which is relevant to our consideration of your application for employment. This includes:
5.1.1 personal details (such as name, date of birth, gender, marital status, national insurance number);
5.1.2 contact details (such as your address, personal telephone number and personal email address);
5.1.3 confirmation of your identity (such as a copy of your driving licence);
5.1.4 recruitment information (such as copies of right to work documents, references and other information included in a CV or cover letter or as part of the application process);
5.1.5 information about your family and others (such as dependants, next of kin and emergency contact numbers);
5.1.6 information about your previous employment (such as job titles, work history, working hours, training records, professional memberships, disciplinary information / compensation history); and
5.1.7 any other information you provide to us during an interview.
Special categories of personal data
5.2 Some of the information which we collect may be “special categories of personal data”. Special categories of personal data require a greater level of protection. The special categories of personal data about you which we may collect include:
5.2.1 information about your race or ethnicity, religious beliefs, sexual orientation and political opinions (for equal opportunity purposes);
5.2.2 information about your health, including any medical condition, health and sickness records; and
5.2.3 information about criminal convictions and offences.

6 SOURCE OF YOUR PERSONAL INFORMATION

6.1 The above information which we collect about you will be obtained through a variety of sources which include:
6.1.1 from you directly as part of the recruitment process;
6.1.2 employment agencies (such as Reed, Indeed);
6.1.3 background check providers;
6.1.4 former employers / referees;
6.1.5 credit reference agencies (where relevant and necessary);
6.1.6 social media and other publications such as Facebook, Linkedin and the RCN Bulletin.

7 HOW AND WHY WE USE YOUR PERSONAL DATA

7.1 We use the types of personal data listed above for a number of purposes, each of which has a “lawful basis”. In accordance with the data protection laws, we need a “lawful basis” for collecting and using information about you. There are a variety of different lawful bases for using personal data which are set out in the data protection laws.
7.2 We have set out below the different purposes for which we collect and use your personal data, along with the lawful bases we rely on to do so.
Why we use your information Our lawful basis for using your information
Assessment: to assess your skills, qualifications and suitability for the role you have applied for; Contract: It is necessary in order for us to take steps to enter into a contract with you.
Legal obligations: It is necessary to meet legal / regulatory obligations.
Employment: It is necessary for us to carry out our rights and obligations as your potential employer.*
Communication: to communicate with you during the recruitment process; Contract: It is necessary in order for us to take steps to enter into a contract with you.
Records: to keep records of our hiring processes Contract: It is necessary in order for us to take steps to enter into a contract with you.
7.2.1 Monitoring: to comply with our legal obligations such as to prevent fraud and equal opportunities monitoring. Legal obligations: It is necessary to meet legal / regulatory obligations.
Employment: It is necessary for us to carry out our rights and obligations as your potential employer.*
Adjustments: to consider whether we need to provide appropriate disability adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview, to comply with our legal obligations as an employer and where it is needed in the public interest (such as equal opportunities monitoring) Contract: It is necessary in order for us to take steps to enter into a contract with you.
Legal obligations: It is necessary to meet legal / regulatory obligations.
Employment: It is necessary for us to carry out our rights and obligations as your potential employer.*
Health: It is necessary to assess the working capacity of potential employees*.
Equality: 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 Legal obligations: It is necessary to meet legal / regulatory obligations.
Employment: It is necessary for us to carry out our rights and obligations as your employer.*
* This is an additional lawful basis which we need to rely on in order to use special categories of data such as information about your health

8 HOW WE USE INFORMATION ABOUT CRIMINAL CONVICTIONS

8.1 We will only collect information about criminal convictions if it is appropriate given the nature of the role for which you are applying and where we are legally able to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
8.2 Where appropriate, we will collect information about criminal convictions as part of the recruitment process, such as background and reference checks, where applicable, including Disclosure and Barring Service checks and checking you are legally entitled to work in the UK.
8.3 We will use information about criminal convictions and offences in the following ways:
8.3.1 To assess whether you are a fit and proper person to work for us.
8.3.2 To protect our vulnerable people from assault, abuse, theft of possession or any other detriment at the hands of unsuitable employees

8.3.3 Duty of care to ensure that the people we employ have no history that would indicate they are unsuitable to work with vulnerable people

8.3.2 We are allowed to use your personal information in this way to carry out our obligations as your potential employer and because it is necessary to meet legal / regulatory obligations.
8.4 Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where you have already made the information public or in the course of legitimate business activities with the appropriate safeguards.

9 WHAT MAY HAPPEN IF YOU DO NOT PROVIDE YOUR PERSONAL INFORMATION?

9.1 If you refuse to provide certain information when requested, we may not be able to process your application successfully, or we may be prevented from complying with our legal obligations (such as the requirement to ensure the health and safety in our workplace).

10 COMPLYING WITH DATA PROTECTION LAW

10.1 We will comply with data protection law. At the heart of data protection laws are the “data protection principles” which say that the personal information we hold about you must be:
10.1.1 used lawfully, fairly and in a transparent way;
10.1.2 collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
10.1.3 relevant to the purposes we have told you about and limited only to those purposes;
10.1.4 accurate and kept up to date;
10.1.5 kept only as long as necessary for the purposes we have told you about; and
10.1.6 kept securely.

11 SHARING YOUR INFORMATION

11.1 We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
11.2 Some ”third parties” are service providers (including contractors and designated agents) carrying out activities on our behalf. Other third parties will be data controllers in their own right. This means that they are not required to act on our instructions and they are solely responsible for ensuring that they comply with the law when using your personal data. We are not responsible for their use of your data if we are acting lawfully whenever we share your data with them.
11.3 The following activities are carried out by third-party service providers:
11.3.1 IT services (including Mimecast email gateway; Digital e-learning platforms; and OneFile);
11.3.2 e-recruitment and job applicant tracking (including World Careers Network; and Allocate where relevant);
11.3.3 apprentice providers (including Hart L&D; HIT Training; and Smart Training where relevant);
11.3.4 risk management system.
Criminal Background Checking (including Due Dilligence Checking Ltd, Protection Vulnerable Group)
11.4 Other organisations with whom we may share your personal information include:
11.4.1 other organisations involved with a sale or transfer of services in which you are involved;
11.4.2 regulators and other professional registration organisations (e.g. in respect of fitness to practice hearings);
11.4.3 our insurers (such as employees’ life insurance and private medical insurance providers);
11.4.4 apprentice providers (if relevant);
11.4.5 commissioners and safeguarding authorities;
11.4.6 Ministry of Justice and law enforcement agencies;
11.4.7 our professional advisors (such as our lawyers).

12 TRANSFERRING INFORMATION OUTSIDE THE EU

12.1 We will not transfer your data outside of the EU.

13 CAN WE USE YOUR INFORMATION FOR ANY OTHER PURPOSE?

13.1 We typically will only use your personal information for the purposes for which we collect it. It is possible that we will use your information for other purposes as long as those other purposes are compatible with those set out in this policy. If we intend to do so, we will provide you with information relating to that other purpose before using it for the new purpose.
13.2 We may use your personal information without your knowledge or consent where such use is required or permitted by law.

14 STORING YOUR INFORMATION AND DELETING IT

14.1 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 retention policy which is available from our website.
14.2 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, and the applicable legal requirements.
14.3 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.
14.4 Once you are no longer an employee, worker or contractor we will retain and securely destroy your personal information in accordance with our data retention policy.

15 YOUR RIGHTS

15.1 Under certain circumstances, by law you have the right to:
15.1.1 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 and to check that we are lawfully processing it.
15.1.2 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.
15.1.3 Request erasure of your personal information in certain circumstances. 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).
15.1.4 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) or public interest as our lawful basis for processing and there is something about your particular situation which leads you to object to processing on this ground. You also have the right to object if we are processing your personal information for direct marketing purposes.
15.1.5 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 processing it.
15.1.6 Request the transfer of your personal information to another party in certain circumstances.
15.2 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 our Data Protection Officer in writing.

16 RIGHT TO WITHDRAW CONSENT

16.1 In the limited circumstances where we are relying on your consent as our lawful basis to process your data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our 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 agreed to, unless we have another legitimate basis for doing so in law.

17 AUTOMATED DECISION MAKING

18 SOME OF THE ORGANISATIONS’ RECRUITMENT PROCESSES ARE BASED SOLELY ON AUTOMATED DECISION MAKING. RIGHT TO COMPLAIN TO THE ICO

18.1 You also have the right to complain to the Information Commissioner’s Office (the “ICO”) if you are not satisfied with the way we use your information. You can contact the ICO by writing to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

19 CHANGES TO THIS PRIVACY STATEMENT

19.1 We reserve the right to update this privacy statement at any time, and we will provide you with a new privacy statement 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.