DATA CONTROLLER (“the Company”): IFPL Group Limited
DATA COMPLIANCE OFFICER: Michael Woodward, Quality Manager
The Company collects and processes personal information, or personal data, relating to its employees, workers and contractors to enable it to effectively manage its working relationships. This personal information may be held by the Company on paper or in electronic format.
The Company is committed to being transparent about how it handles personal information, to protecting the privacy and security of 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 people aware of how and why we will collect and use personal information both during and after any working relationship with the Company. We are required under GDPR to notify those effected, of the information contained in this privacy notice.
This privacy notice applies to all current and former employees, workers and contractors. It is noncontractual and does not form part of any employment contract, casual worker agreement, consultancy agreement or any other contract for services.
The Company has appointed a data compliance manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or about how we handle personal information, please contact firstname.lastname@example.org with your query.
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, and must be able to demonstrate compliance with, these principles. This is called accountability.
WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT?
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 have been removed. There are also “special categories” of personal information, and personal information on criminal convictions and offences, which requires 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. This includes (as applicable):
The Company may also collect, use and process the following special categories of your personal information (as applicable):
WHY AND HOW DO WE USE YOUR SENSITIVE PERSONAL INFORMATION?
The Company may collect personal information about employees, workers and contractors in a variety of ways. It is collected during the recruitment process, either directly or sometimes from a third party such as an employment agency. We also collect personal information from other external third parties, such as references from former employers, and criminal record checks from the Disclosure and Barring Service (DBS).
We will collect personal information throughout the period of any working relationship with us. This may be collected in the course of work‐related activities. Whilst some of the personal information provided to us is mandatory and/or is a statutory or contractual requirement, some of it may be requested on a voluntary basis. Personal information is stored in different places, including personnel files (hard and electronic copy), in the Company’s HR management system and in other IT systems, such as MS Teams HR Channels.
WHY AND HOW DO WE USE YOUR PERSONAL INFORMATION?
We will only use personal information when the law allows us to. This is known as the legal bases for processing. We will use personal information in one or more of the following circumstances:
We may also occasionally use personal information where we need to protect vital interests (or someone else’s vital interests).
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 perform our contract (1) and to enable us to comply with our legal obligations (2). In some cases, we may also use personal information where it is necessary to pursue our legitimate interests (or those of a third party), provided that individual interests or fundamental rights and freedoms do not override our interests (3).
Our legitimate interests include: performing or exercising our obligations or rights under the direct relationship that exists between the Company and its employee, worker or contractor; pursuing our business by employing (and rewarding) employees, workers and contractors; performing effective internal administration and ensuring the smooth running of the business; ensuring the security and effective operation of our systems and network; protecting our confidential information; and conducting due diligence on employees, workers and contractors. We believe that individuals have a reasonable expectation, as our employees, workers or contractors, that we will process personal information. We have indicated, by using (1), (2) or (3) next to each type of personal information listed above, what lawful basis we are relying on to process that personal information.
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 it is required or permitted by law.
FAILURE TO PROVIDE PERSONAL INFORMATION
Failure to provide certain personal information when requested or required, may mean we are not able to perform the contract we have entered, or we may be prevented from complying with our legal obligations. Individuals may also be unable to exercise their statutory or contractual rights.
WHY AND HOW DO WE USE YOUR SENSITIVE PERSONAL INFORMATION?
The Company will only collect and use sensitive personal information, which includes special categories of personal information and information about criminal convictions and offences, when the law additionally allows us to.
Some special categories of personal information, i.e. information about your health or medical conditions, and information about criminal convictions and offences, is also processed so that we can perform or exercise our obligations or rights under employment law and in line with our GDPR Data Protection Policy.
The Company may also process these special categories of personal information, and information about any criminal convictions and offences, where we have explicit written consent to do so. In this case, we will first provide full details of the personal information we would like and the reason we need it, so that
individuals can properly consider whether they wish to consent or not. It is entirely the individual’s choice whether to consent. Consent can be withdrawn at any time.
The purposes for which we are processing, or will process, these special categories of personal information, and information about any criminal convictions and offences, are to:
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.
CHANGE OF PURPOSE
The Company will only use personal information for the purposes for which it was collected. In the event we may need to use personal information for a purpose other than that for which it was collected, we will provide, prior to that further processing, individuals with information about the new purpose. We will explain the legal basis which allows us to process personal information for the new purpose and we will provide any relevant further information. We may also issue a new privacy notice.
WHO HAS ACCESS TO PERSONAL INFORMATION
Personal information may be shared internally within the Company, including with members of the HR department, payroll staff, Line Managers, other managers in the department in which you work and IT staff if access to personal information is necessary for the performance of their roles.
The Company may also share personal information with third‐party service providers (and their designated agents), including:
The Company may also share personal information with other third parties in the context of a potential sale or restructuring of some or all its business. In those circumstances, personal information will be subject to confidentiality undertakings.
We may also need to share personal information with a regulator, or to otherwise comply with the law.
We may share personal information with third parties where it is necessary to administer the contract we have entered, where we need to comply with a legal obligation, or where it is necessary for our legitimate interests (or those of a third party).
HOW DOES THE COMPANY PROTECT PERSONAL INFORMATION?
The Company has put in place measures to protect the security of personal information. It has internal policies, procedures and controls in place to prevent personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way.
Access is limited to personal information, to those employees, workers, contractors and other third parties who have a business need to know in order to perform their job duties and responsibilities. Further information about these measures can be requested from our data compliance manager.
Where personal information is shared with third‐party service providers, we require all third parties to take appropriate technical and organisational security measures to protect it 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.
HOW LONG DOES THE COMPANY KEEP PERSONAL INFORMATION?
The Company will only retain personal information for as long as is necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, tax, health and safety, reporting or accounting requirements.
The Company will generally hold personal information for the duration of employment or engagement. The exceptions are:
Once individuals have left employment, or engagement has been terminated, the Company will hold personal information for 12 months after the termination of employment or engagement, but this is subject to: (a) any minimum statutory or other legal, tax, health and safety, reporting or accounting requirements for particular data or records, and (b) the retention of some types of personal information for up to six years to protect against legal risk, e.g. if they could be relevant to a possible legal claim in a tribunal, County Court or High Court.
We hold payroll, wage and tax records (including salary, bonuses, overtime, expenses, benefits and pension information, National Insurance number, PAYE records, tax code and tax status information) for six years after the termination of employment or engagement.
We will “thin” the file of personal information we hold six months after the termination of employment or engagement, so that we only continue to retain for a longer period what is strictly necessary.
Personal information which is no longer to be retained will be securely and effectively destroyed or permanently erased from our IT systems and we also require third parties to destroy or erase such personal information where applicable.
In some circumstances we may anonymise personal information so that it no longer permits identification. In this case, we may retain such information for a longer period.
RIGHTS IN CONNECTION WITH PERSONAL INFORMATION
It is important the personal information we hold is accurate and up to date. It is an individual’s responsibility to advise us should their information change, e.g. change of home address.
The Company cannot be held responsible for any errors in personal information in this regard unless the Company has been notified of the relevant change.
As a data subject, individuals have a number of statutory rights. Subject to certain conditions, and in certain circumstances, they have the right to:
Should any individual wish to exercise any of these rights, please contact our data compliance manager.
We may need to request specific information in order to verify identity and check the right to access the personal information or to exercise any of the other rights. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. In the limited circumstances where individuals have provided their consent to the processing of personal information for a specific purpose, they have the right to withdraw consent for that specific processing at any time. This will not affect the lawfulness of processing based on consent before its withdrawal. Anyone wishing to withdraw consent, should contact our data compliance manager. Once we have received notification that consent has been withdrawn, we will no longer process personal information for the purpose for which it was originally agreed, unless we have another legal basis for processing.
Should an individual believe the Company has not complied with its data protection rights, they 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.
TRANSFERRING PERSONAL INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA
The Company may transfer personal information to countries outside the European Economic Area (EEA) should there be a genuine business need. There may not be an adequacy decision by the European Commission in respect of these countries. This means that the country to which we transfer personal information may not be deemed to provide an adequate level of protection for personal information.
To ensure personal information does receive an adequate level of protection, it is only transferred outside the EEA on the basis it will be treated in accordance with GDPR regulations even if the transferring country is not obliged to adhere by it.
AUTOMATED DECISION MAKING
Automated decision making occurs when an electronic system uses personal information to make a decision without human intervention. We do not envisage that any employment decisions will be taken based solely on automated decision making, including profiling.
CHANGES TO THIS PRIVACY NOTICE
The Company reserves the right to update or amend this privacy notice at any time, including where the Company intends to further process personal information for a purpose other than that for which the personal information was collected or where we intend to process new types of personal information.
We will issue a new privacy notice when we make significant updates or amendments. We may also notify individuals about the processing of personal information in other ways.
Should there be any questions about this privacy notice or how the Company handles personal information, then please contact our data compliance manager by emailing email@example.com.