As part of any recruitment process, Osborne Richardson (the Company) will collect and processes personal information, or personal data, relating to job applicants. This personal information may be held by the Company on paper or in electronic format. This Privacy Notice applies to all job applicants, candidates and contractors.
The Company is committed to being transparent about how it handles your personal information, to protecting the privacy and security of your personal information and to meeting its data protection obligations under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. The purpose of this Privacy Notice is to make you aware of how and why we will collect and use your personal information during the recruitment process. We are required under the GDPR to notify you of the information contained in this Privacy Notice.
The Company has appointed a Data Protection Officer and a Data Controller to oversee compliance with this Privacy Notice. If you have any questions about this Privacy Notice or about how we handle your personal information, please contact the Administration and Finance Manager (the Company's Data Protection Officer) or the Compliance Manager (the Company's Data Controller). Contact details are provided at the end of this document.
2.0 Data protection principles
Under the GDPR, there are six data protection principles that the Company must comply with. These provide that the personal information we hold about you must be:
The Company is responsible for following these requirements and must be able to prove compliance in order to demonstrate accountability.
3.0 What types of personal information do we collect about you?
Personal information is any information about an individual from which that person can be directly or indirectly identified. It does not include anonymised data, i.e. where all identifying particulars have been removed. There are also special categories of personal information and personal information on criminal convictions and offences, which require a higher level of protection because it is of a more sensitive nature. The special categories of personal information comprise information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic and biometric data.
The Company collects, uses and processes a range of personal information about you during the recruitment process. This includes:
The Company may also collect, use and process the following special categories of your personal information during the recruitment process:
4.0 How do we collect your personal information?
The Company collects personal information about you during the recruitment process either directly from you or via aggregated job boards eg Broadbean. We may also collect personal information from other external third parties, such as references from current and former employers and criminal record checks from the Disclosure and Barring Service (DBS). The Company will only seek personal information from third parties during the application process.
You are under no statutory or contractual obligation to provide personal information to the Company during the recruitment process.
Your personal information may be stored in different places, including on your application record, in the Company’s HR management system and in other IT systems, such as the e-mail system.
5.0 Why and how do we use your personal information?
We will only use your personal information when the law allows us to. These are known as the legal bases for processing. We will use your personal information in one or more of the following circumstances:
We need all the types of personal information listed under “What types of personal information do we collect about you?” primarily to enable us to take steps at your request to enter into a contract with you, or to place you into employment and to enable us to comply with our legal obligations. In some cases, we may also use your personal information where it is necessary to pursue our legitimate interests (or those of a third party), provided that your interests or your fundamental rights and freedoms do not override our interests.
Our legitimate interests include:
The purposes for which we are processing, or will process, your personal information are to:
Please note that we may process your personal information without your consent, in compliance with these rules, where this is required or permitted by law.
6.0 What if you fail to provide personal information?
If you fail to provide certain personal information when requested, we may not be able to process your job application properly or at all, or place you on our register of contractors, we may not be able to enter into a contract with you, or we may be prevented from complying with our legal obligations. You may also be unable to exercise your statutory rights.
7.0 Why and how do we use your sensitive personal information?
We will only collect and use your sensitive personal information, which includes special categories of personal information and information about criminal convictions and offences, when the law allows us to.
Some special categories of personal information, i.e. information about your health, and information about criminal convictions and offences, is processed so that we can perform or exercise our obligations or rights under employment law and in line with our Data Protection Policy.
We may also process information about your health and information about any criminal convictions and offences where we have your explicit written consent. In this case, we will first provide you with full details of the personal information we would like and the reason we need it, so that you can properly consider whether you wish to consent or not. It is entirely your choice whether to consent. Your consent can be withdrawn at any time.
The purposes for which we are processing, or will process, health information and information about any criminal convictions and offences, are to:
Where the Company processes other special categories of personal information, i.e. information about your racial or ethnic origin, religious or philosophical beliefs and sexual orientation, this is done only for the purpose of equal opportunities monitoring in recruitment and in line with our Data Protection Policy. Personal information that the Company uses for these purposes is either anonymised or is collected with your explicit written consent, which can be withdrawn at any time. It is entirely your choice whether to provide such personal information.
We may also occasionally use your special categories of personal information, and information about any criminal convictions and offences, where it is needed for the establishment, exercise or defence of legal claims.
8.0 Change of purpose
We will only use your personal information for the purposes for which we collected it, i.e. for employment opportunities.
However, if your application is unsuccessful, the Company may wish to keep your personal information on file for in case there are future suitable employment opportunities with us. We will ask for your consent before we keep your personal information on file for this purpose. Your consent can be withdrawn at any time.
9.0 Who has access to your personal information?
Your personal information may be shared internally within the Company for the purposes of our recruitment activities, including with members of the sales and recruitment teams , HR team, members of the administration and finance teams, managers and IT staff if access to your personal information is necessary for the performance of their roles.
The Company will only share your personal information with the following third parties during recruitment activities including:
We may also need to share your personal information with a regulator or to otherwise comply with the law.
We may share your personal information with third parties where it is necessary to take steps at your request to enter into a contract with you, or to enter into a contract with a client with whom you will be working, where we need to comply with a legal obligation, or where it is necessary for our legitimate interests (or those of a third party).
10.0 How does the Company protect your personal information?
The Company has put in place measures to protect the security of your personal information. It has internal policies, procedures and controls in place to try and prevent your personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way. In addition, we limit access to your personal information to those employees, workers, agents, contractors, clients and other third parties who have a business need to know in order to perform their job duties and responsibilities. You can obtain further information about these measures from our Data Protection Officer or Data Controller.
Where your personal information is shared with third parties (e.g. our clients), we require all third parties to take appropriate technical and organisational security measures to protect your personal information and to treat it subject to a duty of confidentiality and in accordance with data protection law. We only allow them to process your personal information for specified purposes and in accordance with our written instructions and we do not allow them to use your personal information for their own purposes.
The Company also has in place procedures to deal with a suspected data security breach and we will notify the Information Commissioner’s Office (or any other applicable supervisory authority or regulator) and you of a suspected breach where we are legally required to do so.
11.0 For how long does the Company keep your personal information?
The Company will only retain your personal information for as long as is necessary to fulfil the purposes for which it was collected and processed.
If your application for employment or engagement is unsuccessful, the Company will generally hold your personal information for two years after registration this is subject to:
If you have consented to the Company keeping your personal information on file for in case there are future suitable employment opportunities with us, the Company will hold your personal information for two years after your application or any active update of your information , or until you withdraw your consent if earlier.
If your application for employment or engagement is successful, personal information gathered during the recruitment process will be retained for the duration of your employment or engagement and in accordance with the Company's Privacy Notice for Workers and Contractors.
Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our IT systems and we will also require third parties (e.g. Company clients) to destroy or erase such personal information where applicable. In some circumstances for legitimate business needs we may need to retain such information for a longer period.
12.0 Your rights in connection with your personal information
As a data subject, you have a number of statutory rights. Subject to certain conditions, and in certain circumstances, you have the right to:
If you wish to exercise any of these rights, please contact our Data Controller or Data Protection Officer. We may need to request specific information from you in order to verify your identity and check your right to access the personal information or to exercise any of your other rights. This is a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it.
In the limited circumstances where you have provided your consent to the processing of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. This will not, however, affect the lawfulness of processing based on your consent before its withdrawal. If you wish to withdraw your consent, please contact our Data Controller or Data Protection Officer. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose you originally agreed to, unless we have another legal basis for processing.
If you believe that the Company has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office (ICO) at any time. The ICO is the UK supervisory authority for data protection issues.
13.0 Transferring personal information outside the European Economic Area
The Company will not transfer your personal information to countries outside the European Economic Area
14.0 Automated decision making
Automated decision making occurs when an electronic system uses your personal information to make a decision without human intervention. We do not envisage that any recruitment decisions will be taken about you based solely on automated decision-making, including profiling.
15.0 Changes to this Privacy Notice
The Company reserves the right to update or amend this Privacy Notice at any time. We will issue you with a new Privacy Notice when we make significant updates or amendments. We may also notify you about the processing of your personal information in other ways.
If you have any questions about this Privacy Notice or how we handle your personal information, please contact the Data Protection Officer or Data Controller as follows:
Data Protection Officer:
Name: Liz Bolster
Title: Group Finance & Admin Manager
Address: Osborne Richardson, 26 Little Portland Street, London, W1W 8BX
Telephone: 020 7580 1500
Name: Lucia Bonora
Title: Compliance Manager
Address: Osborne Richardson, 26 Little Portland Street, London, W1W 8BX
Telephone: 020 7580 1500
Osborne Richardson GDPR Privacy Notice For Contractors, Candidates & Job Applicants
Effective date: 25th May 2018
Last modified: 15th May 2018