The General Data Protection Regulations identify The Orchard Fruit Company as a "data controller". This means that we are responsible for how we hold and use personal information about you. We have provided you with this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). It makes you aware of how and why your personal data will be collected, used and stored. In addition it provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
Data protection principles
We comply with data protection law and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
Why we collect and process information about you (legal justification)
We collect and process personal data throughout the recruitment process to fulfil our legitimate interest in employing a workforce to deliver our business endeavours. We will collect and process your data as you have entered our recruitment process and we have a legitimate interest to assess your application in relation to your suitability for a position in the organisation.
The kind of information we hold about you
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:
- The information you have provided to us in your method of application i.e. curriculum vitae, covering letter or application form. This may include:
- Name, title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications, education details
- Any information you provide to us during an interview.
- Any information provided by you as part of the recruitment process through methods such as tests, profiling tools etc.
- We may also collect, store and use the following "special categories" of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
- Information about your health, including any medical condition, health and sickness records.
- Information about criminal convictions and offences.
How is your personal information collected?
We collect personal information about candidates from the following sources:
- You, the candidate.
- The recruitment partners who we engage to source prospective candidates.
- Any background check providers we may employ from which we may collect information about your career history, driving and driving licence information.
- Your named referees
- Publicly accessible sources, i.e. LinkedIn, and other social networks.
- Disclosure and barring service in respect of criminal convictions
How we will use information about you
We will use the personal information we collect about you to:
- Assess your skills, qualifications, and suitability for the role or roles you have applied for.
- Carry out background and reference checks, where applicable.
- Communicate with you about the recruitment process.
- Keep records related to our hiring processes.
- Comply with legal or regulatory requirements.
- It is in our legitimate interests to decide whether to appoint you since it would be beneficial to our business to make recruitment decisions and appointments.
- We also need to process your personal information to decide whether to enter into a contract of employment with you.
If you fail to provide personal information
If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully and may not be able to take your application further.
How we use particularly sensitive personal information
We will use your sensitive personal information in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.
- We will use information 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.
Information about criminal convictions
We do not envisage that we will process information about criminal convictions.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Why might we share your personal information with third parties?
We will only share your personal information with the following third parties for the purposes of processing your application:
- Third party applicant tracking system providers
- Recruitment agencies engaged to source candidates
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.
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.
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.
How long will we use your information for?
We will retain your personal information for a period of 6 months after we have communicated to you our decision about whether to appoint you to a role in our organisation. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.
Rights of access, correction, erasure, and restriction
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- 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.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those 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.
- 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.
- Request the transfer of your personal information to another party.
- Right to withdraw consent.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, withdraw consent, or request that we transfer a copy of your personal information to another party, please contact firstname.lastname@example.org.
If you have any questions about this privacy notice or how we handle your personal information, please contact email@example.com.