GENERAL PRIVACY NOTICE
THE BUSHCRAFT COMPANY LIMITED PRIVACY NOTICE FOR EMPLOYEES, WORKERS, CONTRACTORS AND INTERNS
1.1 The Bushcraft Company Limited (together “we”, “us”, “our” or “Cognita”) are committed to protecting the privacy and security of your personal information.
1.2 For the purposes of the General Data Protection Regulation 2016/679 (“GDPR”), we are the data controller and our contact address is Unit 15, Eyston Way, Abingdon, Oxfordshire, OX14 1TR. Our ICO registration number is ZA237436. As data controller we are responsible for deciding how we hold and use personal information about you.
1.3 We also have a Data Protection Policy and Data Retention Policy which we ask you to read carefully. The difference between those policies and this notice is that the policies set out your responsibilities within Cognita to follow good data protection standards and behaviour whereas this policy informs you about how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (“GDPR”).
1.4 This notice applies to current and former employees, workers and contractors of Cognita. This notice does not form part of any contract of employment or other contract to provide services.
2 THE KIND OF INFORMATION WE HOLD ABOUT YOU
2.1 We will collect, store, and use the following categories of personal information about you: personal contact details such as name, title, addresses, telephone numbers, and personal email addresses; date of birth; gender; marital status and dependants; next of kin and emergency contact information; National Insurance number; bank account details, payroll records and tax status information; salary, annual leave, pension and benefits information; start date; location of employment or workplace; copy of driving licence and/or passport; 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); employment records (including job titles, qualifications, work history, working hours, training records and professional memberships); compensation history; performance information; disciplinary and grievance information; CCTV footage and other information obtained through electronic means such as swipecard records; information about your use of our information and communications systems; and photographs.
Sensitive personal data
2.2 We may also collect, store, and use, the following sensitive (or special categories of) personal information:
2.2.1 information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
2.2.2 trade union membership;
2.2.3 information about your health, including any medical condition, health and sickness records; and
2.2.4 information about criminal convictions and offences.
3 HOW IS YOUR PERSONAL INFORMATION COLLECTED?
3.1 We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from 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.
3.2 We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
3.3 We may also use CCTV footage to ensure your workplace is safe.
4 HOW WE WILL USE INFORMATION ABOUT YOU?
Lawful bases of processing
4.1 We will only use your personal information when the law allows us to. Most commonly, we will use your personal information where:
4.1.1 we need to perform the contract we have entered into with you;
4.1.2 we need to comply with a legal obligation;
4.1.3 it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
4.1.4 it is necessary for the purposes of carrying out our obligations in the field of employment law.
4.2 We may also use your personal information in the following situations, which are likely to be rare:
4.2.1 where we need to protect your interests (or someone else's interests) (for example, we may need to use your details without telling you to deal with a medical emergency); or
4.2.2 where it is needed in the public interest or for official purposes.
Situations in which we will use your personal information
4.3 We need all the categories of information in the list above (see paragraph 2) 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. The situations in which we will process your personal information are listed below.
4.3.1 making a decision about your recruitment or appointment;
4.3.2 determining the terms on which you work for us;
4.3.3 checking you are legally entitled to work in the UK;
4.3.4 conducting checks through the appropriate government department to ensure that you are able to teach in accordance with the terms of the employment contract and that you hold either Qualified Teacher Status or Qualified Teacher Learning and Skills Status;
4.3.5 conducting prohibition from teaching or management checks and/or any other checks or measures that we are required to undertake as a result of any child protection legislation from time to time in force;
4.3.6 paying you and, if you are an employee, deducting tax and National Insurance contributions;
4.3.7 providing you with the benefits as set out in the employment contract or elsewhere;
4.3.8 liaising with your pension provider;
4.3.9 administering the contract we have entered into with you;
4.3.10 business management and planning, including accounting and auditing;
4.3.11 conducting performance reviews, managing performance and determining performance requirements;
4.3.12 making decisions about salary reviews and compensation;
4.3.13 assessing qualifications for a particular job or task, including decisions about promotions;
4.3.14 gathering evidence for possible grievance or disciplinary hearings;
4.3.15 making decisions about your continued employment or engagement;
4.3.16 making arrangements for the termination of our working relationship;
4.3.17 education, training and development requirements;
4.3.18 dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work;
4.3.19 ascertaining your fitness to work;
4.3.20 managing sickness absence;
4.3.21 complying with health and safety obligations;
4.3.22 to prevent fraud;
4.3.23 to monitor your use of our information and communication systems to ensure compliance with our IT policies;
4.3.24 to send out surveys to you by email as part of our Voice of the Employee campaign which is our employee survey tool.
4.3.25 to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution; and
4.3.26 equal opportunities monitoring.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
How we use particularly sensitive personal information
4.4 We may process special categories of personal information (i.e. the sensitive personal data identified in paragraph 2.2) in the following circumstances:
4.4.1 in limited circumstances, with your explicit written consent;
4.4.2 where we need to carry out our legal obligations and in line with our Data Protection Policy and/or Data Retention Policy;
4.4.3 where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with our Data Protection Policy and/or Data Retention Policy; or
4.4.4 where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
4.5 Less commonly, 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, or where you have already made the information public.
4.6 We will use your particularly sensitive personal information in the following ways:
4.6.1 in relation to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws;
4.6.2 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;
4.6.3 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; and
4.6.4 we will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.
Do we need your consent?
4.7 We do not need your consent if we use special categories of your personal information in accordance with our written policy 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 full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
4.8 We may only use information relating to criminal convictions where the law allows us 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 and Data Retention Policy. In particular, we require information about criminal convictions as part of our safer recruitment programme. Given that the vast majority of our employees will be working with children at some point (the frequency in which you will be working with children depends on your role at Cognita), it is important that we are more vigorous in carrying out our criminal checks than organisations in other sectors. Our primary focus is on the welfare of our pupils.
4.9 Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.
4.10 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 or when you tell us a part of the recruitment process. We will use information about criminal convictions and offences in the following ways:
4.10.1 as part of our safer recruitment programme and as part of our deciding whether you are suitable for the role; and
4.10.2 where it is necessary to take the information into consideration when:
18.104.22.168 a complaint is made against you; or
22.214.171.124 taking disciplinary action against you.
4.11 We are allowed to use your personal information in this way to carry out our legal obligations in connection with employment and social protection law.
4.12 For further information about the kind of information about criminal records we keep, please see our Data Retention Policy.
5 CHANGE OF PURPOSE
5.1 We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
5.2 Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6 IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
6.1 If you fail to provide certain information when requested, we may not be able to 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).
7 DATA SHARING
Why might you share my personal information with third parties?
7.1 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?
7.2 “Third parties” includes third-party service providers (including software providers) and other entities within our group. The following activities are carried out by third-party service providers: pension administration, benefits provision and administration and IT services. In particular, we use Cornerstone OnDemand Limited to provide the “Cornerstone” HR solution, Fuse Universal Limited to provide “Spark” and Graffiti Group Limited to process payslips. We also use Mimecast to archive emails and Microsoft SharePoint and DropBox for document management.
How secure is my information with third-party service providers and other entities in our group?
7.3 All our third-party service providers and other entities in the group 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.
When might you share my personal information with other entities in the group?
7.4 We will share your personal information with other entities in the Cognita group of companies as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
What about other third parties?
7.5 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.
Transferring information outside the EEA
7.6 The information that we process about you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). We try to limit this where possible but it may be necessary where, for example, one of our suppliers has a data centre outside of the EEA. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice and that the appropriate legal safeguards are in place prior to the transfer, for example ensuring that any contracts between us and the recipient of the information have EU-approved standard data protection clauses or the country we are transferring the data to is deemed by the EU Commission as an adequate country.
8 DATA SECURITY
8.1 We have put in place measures to protect the security of your information. Details of these measures are available upon request. Please also refer to our IT policies.
8.2 Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
8.3 We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
8.4 We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
9 DATA RETENTION
How long will you use my information for?
9.1 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 Data Retention Policy. 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.
9.2 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. Once you are no longer an employee, worker or contractor of the company we will retain or securely destroy your personal information in accordance with our Data Retention Policy.
10 RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
10.1 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.
Your rights in connection with personal information
10.2 Under certain circumstances, by law you have the right to:
10.2.1 Request access to your personal information (commonly known as a “subject access request” or “SAR”). This enables you to receive a copy of the personal information we hold about you and to check that is correct, and that we are lawfully processing it.
10.2.2 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.
10.2.3 Request erasure of your personal information. You have the right to request that we delete your personal data where: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or processed; (b) you withdraw your consent to processing for which we previously obtained your consent; (c) you object to the processing and, as a result, we agree to cease that processing (please see paragraph 10.2.4 for more details); (d) the personal data has been unlawfully processed; and (e) we are required to erase the personal data in order to comply with the law.
10.2.4 Object to processing of your personal information where we are relying on a legitimate interest (or that 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.
10.2.5 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.
10.2.6 Request the transfer of your personal information. In certain circumstances, you have the right to receive personal data from us in a structured, commonly used and machinereadable format and the right to transmit it to a third party organisation.
10.2.7 Right to complain to the ICO. Whilst we would always prefer it if you approached us first about any complaints or queries you may have, you always have the right to lodge a complaint with the Information Commissioner’s Office.
10.3 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 the Data Protection Officer in writing (see paragraph 11).
What we may need from you
10.4 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.
Right to withdraw consent
10.5 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 at any time. 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.
11 DATA PROTECTION OFFICER
11.1 We have appointed a Data Protection Officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at Jayne Pinchbeck, Group Legal Director, DPO@Cognita.com. 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.
12 CHANGES TO THIS PRIVACY NOTICE
12.1 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.
Dated: 25 May 2018