Data Protection Privacy Notice (Recruitment)

This notice explains what personal data (personal information) we will hold about you, how we collect it, and how we will use and may share personal information during the application process. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information.

Who collects the personal information

Nash & Co Solicitors LLP trading as Nash & Co (‘Company’) is a ‘data controller’ and gathers and uses certain personal information.

Data protection principles

The data protection principles which we will apply when gathering and using personal information, are set out in our Data Protection (Employment) Policy which is available from Jon Loney.

About the personal information we collect and hold

A table summarising the personal information we collect and hold up to and including the shortlisting stage of the recruitment process, how and why we do so, how we use it and with whom it may be shared is set out below.

A table summarising the additional personal information we collect before making a final decision to recruit, i.e. before making an offer of employment unconditional, how and why we do so, how we use it and with whom it may be shared is set out below.

We seek to ensure that our personal information collection and processing is always proportionate. We will notify you of any changes to personal information we collect or to the purposes for which we collect and process it.

Where personal information may be held

Personal information may be held at our offices and third party agencies, service providers, representatives and agents and in cloud based IT services.

How long we keep your personal information

We keep the personal information that we obtain about you during the recruitment process for no longer than is necessary for the purposes for which it is processed. How long we keep your personal information will depend on whether your application is successful and you become employed by us, the nature of the personal information concerned and the purposes for which it is processed.

We will keep recruitment personal information (including interview notes) for no longer than is reasonable, taking into account the limitation periods for potential claims such as race or sex discrimination (as extended to take account of early conciliation), after which they will be destroyed. If there is a clear business reason for keeping recruitment records for longer than the recruitment period, we may do so but will first consider whether the records can be pseudonymised, and the longer period for which they will be kept.

If your application is successful, we will keep only the recruitment personal information that is necessary in relation to your employment. For further information, see our Data Protection Privacy Notice (Employment).

Who should I contact if I have any queries?

You should contact Jon Loney who can be contacted at [email protected] (our Data Protection Contact).

 Your rights to correct and access your personal information and to ask for it to be erased

Please contact our Data Protection Contact if (in accordance with applicable law) you would like to correct or request access to personal information that we hold or if you have any questions about this notice. You also have the right to ask our Data Protection Contact for some but not all of the personal information we hold and process to be erased (the ‘right to be forgotten’) in certain circumstances. our Data Protection Contact will provide you with further information about the right to be forgotten, if you ask for it.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your personal information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that our Data Protection Contact can resolve any query or concern you raise about our use of your personal information. If not, contact the Information Commissioner at https://ico.org.uk/concerns/ or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.

Part A: Up to and including the shortlisting stage

The information we collectHow we collect the informationWhy we collect the informationHow we use and may share the information
Your name and contact details (i.e. address, home and mobile phone numbers, email address) From youLegitimate interest: to carry out a fair recruitment process Legitimate interest: to progress your application, arrange interviews and inform you of the outcome at all stages To enable HR personnel or the personnel in the relevant department to contact you to progress your application, arrange interviews and inform you of the outcome To inform the relevant manager or department of your application
Details of your qualifications, experience, employment history (including job titles, salary and working hours) and interestsFrom you, in the completed application form and interview notes (if relevant)Legitimate interest: to carry out a fair recruitment process Legitimate interest: to make an informed decision to shortlist for interview and (if relevant) to recruit To make an informed recruitment decision
Your racial or ethnic origin, sex and sexual orientation, religious or similar beliefsFrom you, in a completed, anonymised equal opportunities monitoring formTo comply with our legal obligations and for reasons of substantial public interest (equality of opportunity or treatment)To comply with our equal opportunities monitoring obligations and to follow our equality and other policies For further information, see * below
Information regarding your criminal recordFrom you, in your completed application formLegitimate interests: to ensure that the business’ interests are safeguarded To comply with our legal obligations. For reasons of substantial public interest (preventing or detecting unlawful acts, suspicion of terrorist financing or money laundering in the regulated sector and protecting the public against dishonesty) To make an informed recruitment decision To carry out statutory checks Information shared with DBS and other regulatory authorities as required For further information, see * below
Details of your refereesFrom your completed application formLegitimate interest: to carry out a fair recruitment process In the regulated sector, to comply with our legal obligations to obtain regulatory references To carry out a fair recruitment process To comply with legal/regulatory obligations Information shared with relevant managers, HR personnel and the referee

Part B: Before making a final decision to recruit

The information we collectHow we collect the informationWhy we collect the informationHow we use and may share the information
Information about your previous academic and/or employment history, including details of any conduct, grievance or performance issues, appraisals, time and attendance, from references obtained about you from previous employers and/or education providers From your referees (details of whom you will have provided)Legitimate interest: to make an informed decision to recruit To comply with our legal obligations Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice To obtain the relevant reference about you To comply with legal/regulatory obligations Information shared with relevant managers and HR personnel
Information regarding your academic and professional qualifications From you, from your education provider, from the relevant professional bodyLegitimate interest: to verify the qualifications information provided by youTo make an informed recruitment decision May be shared with external consultants and academic institutions to carry out background checks.
Information regarding your criminal record, in criminal records certificates (CRCs) and enhanced criminal records certificates (ECRCs) From you and from the Disclosure and Barring Service (DBS)To perform the employment contract To comply with our legal obligations Legitimate interest: to verify the criminal records information provided by you For reasons of substantial public interest (preventing or detecting unlawful acts, suspicion of terrorist financing or money laundering in the regulated sector and protecting the public against dishonesty) To make an informed recruitment decision To carry out statutory checks Information shared with DBS and other regulatory authorities as required For further information, see * below
Your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information From you and, where necessary, the Home OfficeTo enter into/perform the employment contract To comply with our legal obligations Legitimate interest: to maintain employment records To carry out right to work checks Information may be shared with the Home Office
A copy of your driving licence From youTo enter into/perform the employment contract To comply with our legal obligations To comply with the terms of our insurance To make an informed recruitment decision To ensure that you have a clean driving licence Information may be shared with our insurer
Debarment checksFrom you and from regulatory debarment servicesLegitimate interest: to make an informed decision to recruit To comply with our legal obligations Legitimate interests: to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice To verify that you are entitled to carry out your role. To comply with legal/regulatory obligations Information shared with relevant managers, HR personnel, legal advisors and consultants

You are required (by law or in order to enter into your contract of employment) to provide the categories of information marked ‘☐’ above to us to enable us to verify your right to work and suitability for the position.

* Further details on how we handle sensitive personal information and information relating to criminal convictions and offences are set out in our Data Protection (Employment) Policy and Criminal Records Information Policy available from Jon Loney.