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Privacy Policy

Brar & Co Limited – Candidate Data Privacy Notice

 

WHAT IS THE PURPOSE BEHIND THIS DOCUMENT

Brar & Co Limited (“the Company”) is aware of the obligations under the General Data Protection Regulation ((EU) 216-679) GDPR) and we are committed to processing your data securely and transparently. This document makes you aware of how and why your personal data will be used, namely for the purpose of recruitment exercise or work experience, and further how long it will usually be retained for by the Company.

The Company is “data controller”, meaning that it determines the processes to be used when utilising your personal data.

The Company has appointed a data compliance officer to oversee the compliance in relation to GDPR obligations, and if you have any questions relating to this document, please contact the appointed office using the contact details set out below:

Name of Data Compliance Officer: Mr Birinder Singh Brar

Email address: gdpr@brar.co.uk

Postal address: 240A Chillingham Road, Newcastle upon Tyne, NE6 5LP

Telephone number: 0191 276 6880

DATA PROTECTION PRINCIPLES UNDER GDPR

The Company will comply with data protection laws and principles, and in relation to your personal data this means that your data will be:

  • Utilised lawfully, fairly and in a clear, transparent way;
  • Collected only for valid purposes that the Company finds proper for the course of your employment in ways that have been explained to you;
  • Relevant to the purposes the Company informed you about and only limited to those such purposes;
  • Accurate and up to date;
  • Processed in a way that ensures it will not be used for anything that you are not aware of or have consented to, lost or destroyed.

TYPES OF INFORMATION WE PROCESS

The Company holds various types of information about you in connection with your application for employment, or work experience. The Company will collect, store and use the following categories of information about you:

  • The information you have provided to us in either your CV, covering letter and/or email;
  • As part of the recruitment process, the information you have provided including name, title, telephone number, personal email, address, date of birth, history of employment, achievements, training and qualifications, documentation relating to your right to work in the UK, your photograph, martial status, and gender;
  • Any information you may have provided to the Company’s employees during interview process;
  • If applicable, the result of any written or online test and any notes taken as part of the interview process and/or recruitment process generally.

HOW WE COLLECT YOUR PERSONAL INFORMATION

The Company collects information about you in various including the following:

  • The information included in your CV, your covering letter, or notes made the Company’s employees during the course of the recruitment process;
  • Your named referees, from whom information about your former employments will be collected including length of employment, organisation name, job title and reason for leaving.
  • Some information will be collected directly from you at the commencement of employment for example bank information, next of kin details, information and evidence about your rights to work in the UK.
  • Disclosure and Barring Service in respect of criminal convictions;
  • Recruitment agents may also collect various categories of information such as your employment history, personal email address and telephone number;
  • The Law Society and Solicitors Regulation Authority to ascertain your status and to ensure you are listed on the roll of solicitors in England and Wales.

HOW WE PROCESS YOUR INFORMATION

The laws under the GDPR allow us to process your personal information for certain reasons including:

  • To perform the employment contract that the Company is a party to;
  • To carry out legally required duties;
  • To carry out legitimate interests;
  • To protect your interest; and
  • For reasons associated with the public interest.

All of the processing carried out by the Company will fall under one of the abovementioned permitted reasons.

As part of any application to work at the Company, it is in the Company’s legitimate interest to process your personal information to decide whether to appoint you to that role, and whether to enter into a contract of employment or service with you. Your information will be collected to:

  • To make decision whether you meet the basic requirement to be shortlisted for the role;
  • Make decisions about who to offer employment to;
  • Make decisions about salary and work related benefits;
  • To undertaken assessment on training needs;
  • Deal with any legal claims against us;

Further the Company will need to collect your personal information to comply with legal obligations and requirements such as:

  • Carry out checks in relation to your right to undertake work in England and Wales; and
  • Make any reasonable adjustments for disabled employees for example during assessment test or in the interview.

The Company will not be able to consider your application if you fail to provide any requested information such as qualifications, employment history or referees. In such circumstances the Company will not be able to process your applications successfully.

The Company will not collect information about your race, ethnicity, religion, moral belief or sexual life or sexual orientation other that for the purpose of Solicitors Regulation Authority which is collected anonymously and without any mandatory obligation on the party of the employees of the Company.

CRIMINAL CONVICTIONS INFORMATION

The Company anticipates that it will hold information about criminal convictions, but only if it is appropriate given the specific nature of the role and where the Company is legally entitled to do so.

The criminal conviction information will normally be collected at the recruitment stage, but it may also be collected during the course of employment should you be successful in obtaining employment with the Company.

Any criminal convictions information will be used to confirm eligibility for the role and/or to comply with the Company’s legal obligations as required by statutes and the Solicitors Regulations Authority.

SHARING YOUR PERSONAL INFORMATION

The Company will share your personal information with employees of the Company where it is necessary for them to undertake their duties in relation to recruitment process. The Company will therefore share your personal information with HR department, IT Department and any other internal department of the Company.

The Company will only share your personal information with third parties for the purpose of processing your application for employment with the Company and this may include agencies, Solicitors Regulation Authority, Professional Indemnity Insurers, Home Office, HMRC, and our legal representatives.

The Company will not expressly allow third parties to use your personal information for their own purposes and the Company will only consent to the third parties to simply process your personal information for specific purposes examples of which are mentioned in the preceding paragraphs above.

The Company is aware of the data protection requirements and appropriate security measures have been implemented against accidental loss, disclosure or destruction of data. Further the Company limits access to your personal information by providing specific instructions to the third parties to ensure that your data is held securely and in compliance with the data protection requirements. The third parties must also implement technical and organisational measures to ensure the security of your data.

ARE THERE ANY PROCEDURES IN PLACES FOR SUSPECTED DATA SECURITY BREACHES ?

RETENTION OF PERSONAL INFORMATION

The retention period will depend upon the nature of application to the Company be it for work experience or employment. The Company shall retain personal information for application relating to work experience for a period of 3 months after work experience placement and upon expiry of the 3 months period the Company will securely destroy your personal information.

The Company will retain personal information for a period of 12 months after decision is communicated to you about your application for employment with the Company. It is not uncommon for to retain your personal information, and any notes or documents relating to the recruitment process to show that the Company did not discriminate against candidates on prohibited grounds and that the recruitment process was fairly conducted. After the period of 12 months your personal information will be securely destroyed.

If your application is not successful and we have not sought consent or you have not provided consent upon our request to keep your data for the purpose of future suitable job vacancies, we will keep your data for 3 months once the recruitment exercise ends.

AUTOMATED DECISION MAKING

No decision will be made about you solely on the basis of automated decision making (that is a decision taken about you using an electronic system without human involvement such as Artificial Intelligence) which has a significant impact on you.

YOUR RIGHTS OF ACCESS TO PERSONAL INFORMATION

GDPR offers you protection and certain rights in relation to your personal information held by the Company. Under specific circumstances you have the right to:

  • Request access to your personal information. This means that you have the right to access the personal information held by the Company, and to do so you must make a subject access request.
  • Request correction to your personal information. This means that if any personal information held by the Company is incomplete or incorrect, you are entitled to require us to correct it.
  • Request deletion of your personal information. This means that if you would like the Company to stop processing your personal information you have the right to ask the Company to delete it for its system where you believe there is no reason for the Company to continue processing the same.
  • Request restriction of your personal information. This means that if you believe that your personal information held by the Company is inaccurate, you can request that we stop processing the same before the necessary corrections are implemented.
  • Request to transfer your personal information. Your have the right to request that the Company transfers the personal information to a third party.
  • Request to be informed about the personal information. This means that the Company must outline to you how it uses your personal information, information relating to the same is contained in this document.

If you have provided consent to our use of your data, you may wish to withdraw any such consent at any time. Withdrawing your consent will stop the Company processing your personal information without any consequence to you.

You have the right to file a complaint to the Information Commissioner’s Office (ICO) relating to personal information matters particularly if you think that your rights may have been breached in any way by the Company. We would however appreciate the chance to deal with your concerns before you approach the ICO so please do not hesitate to contact our Data Compliance Officer.

If you wish to amend, verify or delete your personal information, or arrange for a transfer of the same, you must contact the appointed Data Compliance Officer.