The Legal Basis for Processing your Personal Information
We will only use your personal information when the law allows us to. Where we are required to comply with European data protection legislation, we will use your personal information on the basis of the following lawful grounds under GDPR:
(a) where it is necessary for entering into or performing a contract – in order to process your job application or perform obligations which arise under the contract we have entered into with you, it will be necessary for us to process your personal data;
(b) where we need to comply with a legal obligation – we are subject to certain legal requirements which may require us to process your personal data. For example, we are required [to maintain information about payments made to you, or about a pension we have set up for you]. We may also be obliged by law to disclose your personal data to a regulatory body or law enforcement agency;
(c) where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests – either we, or a third party, will need to process your personal data for the purposes of our (or a third party’s) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your personal data protected. Our legitimate interests include [maintaining the smooth operation of eClerx , managing and protecting our personnel and protecting the company’s assets];
(d) Consent – in limited circumstances, we may ask for your consent to process your personal data in a particular way.
The organisation has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows the organisation to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. The organisation may also need to process data from job applicants to respond to and defend against legal claims.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest (or for official purposes).
Situations in which we will use your personal information
We need all the categories of information listed above 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 primary situations in which we will process your personal information are listed below:
• [Making a decision about your recruitment or appointment
• Determining the terms on which you work for us
• Checking you are legally entitled to work in the UK
• Paying you and, if you are an employee, deducting tax and National Insurance contributions
• Where you are a director, fulfilling our functions in relation to your role
• Liaising with your pension provider
• Administering the contract we have entered into with you
• Business management and planning, including accounting and auditing
• Conducting performance reviews, managing performance and determining performance requirements
• Making decisions about salary reviews and compensation
• Assessing qualifications for a particular job or task, including decisions about promotions
• Gathering evidence for possible grievance or disciplinary hearings
• Making decisions about your continued employment or engagement
• Making arrangements for the termination of our working relationship
• Education, training and development requirements
• Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work
• Ascertaining your fitness to work
• Managing sickness absence
• Complying with health and safety obligations
• To prevent fraud
• To monitor your use of our information and communication systems to ensure compliance with our IT policies, identify security events and operate our security incident management procedures
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution
• To conduct data analytics studies to review and better understand employee retention and attrition rates
• 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. You will appreciate that the above list
cannot be exhaustive, but is intended to cover the main scenarios in which we process your information.
If you fail to provide personal information
If you fail to provide certain information when requested, we would not be able to process your job application, or 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).
Change of purpose
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 which is not compatible, we will notify you and we will explain the legal basis which allows us to do so.]
Please note that we may process your personal information without your knowledge, in compliance with the above rules, where this is required or permitted by law.
