Privacy Notice.

This privacy notice sets out the basis on which ALP Care & Support CYF will process personal information provided to us, this information is also referred to as ‘personal data’

This notice is to inform you of how we use your personal information, which is primarily for administration, legal and managerial purposes, and your rights in relation to that information. We take our obligation regarding the privacy of personal data extremely seriously and we will only process personal information as detailed in this notice, unless we inform you otherwise.  In order to ensure that the personal data we hold is accurate and up to date, we request that you inform us of any changes to any personal data that we hold on your behalf.

This notice applies to job applicants, current and former employees, workers and contractors, who are or have been engaged or involved in the provision of services for ALP Care & Support CYF. It does not form part of any contract we have with you and we may amend it at any time.

Personal Data.

The data that we collect and process is as follows:

  • Personal details such as your name, address, date of birth, gender, NI number and contact details.

  • Information about skills and experience, education and training records, CV and previous employment history.

  • Information regarding suitability for employment, references., pre-employment checks, interview notes.

  • Information regarding your right to work in the UK and identity documents such as passport, photo id, visa or biometric id.

  • Information regarding our relationship e.g., employment dates, salary, pay rates, annual leave, pensions and benefits, training records and professional memberships and subscriptions

  • Next of kin, marital status, dependants and emergency contact information.

  • Financial, payroll details, bank account details, NI number and tax payroll records.

  • Details to provide you with benefits and other entitlements e.g., age, length of service, sickness records.

  • Work record, disciplinary records, performance monitoring, targets, objectives, complaints.

  • Information from our software e.g., CRM records.

  • Racial of ethnic origin in connection with monitoring to ensure that we are compliant with equal opportunities obligations.

  • Information regarding the capability to perform in your role, including information relating to your health, sickness record and any applicable medical conditions and disabilities.

  • Criminal record information regarding DBS applications.

  • Information regarding to IT, phones and facilities.

 

We may obtain your personal data from the following sources:

  • You via the application process i.e application form & CV.

  • During the course of the engagement.

  • Via correspondence after termination.

Third parties include:

  • Recruitment companies.

  • Online jobsites.

  • Background checks, screening providers.

  • Former employers or personal character referees.

  • Other staff including management.

  • Our clients, customers or suppliers.

  • Occupational Health Service, your GP or other health professionals.

  • Government departments such as HMRC.

  • Sources such as social media and other sources in the public domain.

How we use your personal data:

We process your personal information for legal, administrative and management purposes relating to your employment or engagement with us as a company.  The purpose of processing of your information may include:

  • Collecting and storing your personal data, whether in manual or electronic files.

  • Checking your experience, qualifications and / or eligibility to work in the UK, or any other jurisdiction in which you are or have worked for us.

  • Assessing and reviewing your suitability for job roles whether initially or for the purpose of alternative roles or promotion.

  • Making decisions and arrangements relating to payments, including where applicable addressing any statutory deductions or payments.

  • Engaging you for a role with us including any related administration. i.e., timesheets and payroll documents.

  • Delivering benefits that you may be entitled to in relation to your employment or engagement including liaising with third party providers including pension providers.

  • Monitoring and managing performances and capability, including setting targets, requirements or benchmarking, monitoring absence and assessing fitness to work.

  • Investing and addressing disciplinary and grievance matters, including decisions regarding continued or future engagements.

  • Addressing training and development requirements.

  • Providing references as requested by you or prospective employers which you have authorised.

  • Establishing quality, training and compliance with our legal and contractual obligations, internal policies and best practice.

  • Performing planning, reporting or management functions within our business including analysis of employee retention.

  • Providing information to regulatory bodies, authorities, and our legal or other professional advisers including insurers.

  • Complying with statutory obligations, health & safety legislation, working time regulations and national minimum wage regulations.

  • Retaining records of the relationship.

  • Equal opportunities monitoring.

  • Detecting or preventing theft, fraud or other criminal activity.

  • Maintaining security, including back up information on our systems.

  • Dealing with potential disputes whether relating to you or other third parties.

Why we process your personal data:

Entering into and performing a contract with you.

Where we have entered into or are to enter into a contract of services with you, we will be required to process certain information for the performance of the contract.  We will for example require your personal details, details of the role that you will undertake, renumeration and benefits in order to enter into the arrangement.

A contract will also contain obligations on both your part and our part and we shall process your data as is necessary for the purpose of those obligations.  For example, in order to process payments, bank details and in most cases tax and national insurance information will be necessary.

Compliance with legal obligations (regulatory and statutory obligations:

As a business we have legal obligations that we must comply with.  These include obligations relating to health and safety, tax and social security obligations, and obligations towards both workers and employees. E.g.:

  • Risk assessments

  • Accident / incident reporting

  • Ensuring tax and NI deductions

  • Establishing rights to work in the UK

  • Monitoring working hours, rest breaks and administering holidays

  • Compliance with equalities legislation

  • Record keeping requirements

  • Administering pension contributions

We are also required to comply with statutory and regulatory obligations relating to business generally, e.g. complying with tax, bribery, fraud / crime prevention and data protection legislation, and co-operating with regulatory authorities such as HMRC. DWP and the information commissioner’s office.

Our legitimate interests:

We will also need to process certain categories of personal information in furtherance of our legitimate interests. These include:

Retaining records of our dealing and transactions and where applicable, use such records for the purposes of:

Regardless of the basis of your dealings with us, we request that you do not provide us with any sensitive personal data unless necessary, or specifically required by us.  However, to the extent that you do provide us with nay sensitive personal data, such as data which you choose to share with us in conversation, we shall only use this data for the purpose of our relationship with you.

 

This will be for one or more of the following:

  • You have explicitly consented to the processing

  • Where processing is necessary for the purpose of obligations or rights under the employment, social security or social protection law such as health & safety, equalities legislation or to administer statutory payments such as statutory sick pay

  • For the purpose of assessment of your suitability for job roles or working capacity

  • To maintain records of our dealings to address any later dispute, including but not limited to the establishment, exercise or defence of any legal claims

Who we share your personal data, automated decision making & retention of records:

We shall not share your personal information unless we are entitled to do so.  The categorise of persons with whom we may share your personal information include.

  • Individuals, hirers and other third parties necessary for the provision of our service or for your duties as an employee

  • Any regulatory authority or statutory body pursuant to a request for information or any legal obligation which applies to us

  • Parties who process data on our behalf, E.g.:

Outsourced payroll and accountancy providers

IT Support

Background screening providers

Employee engagement services

Pension providers

Private healthcare

Storage service providers including back up services such as cloud

Legal and professional advisers

Insurers

Potential or actual purchasers or transferees relating to the whole part of our business

Automated decisions:

We do not make decisions that are likely to have a legal or other significant effects on you solely based on automated processing.

Retaining your data:

In most circumstances, your data will not be retained for more than 6 years from the last point at which you provide any service or we otherwise engage with you and it is our policy to only store your personal data for as long as is required for us to comply with our legal obligations and for our legitimate business interests.  However, we may retain data for longer than a 6-year period where we have a legal or contractual obligation to do so, or we form the view that there is otherwise a continued basis to do so. E.g.

  • Establishing compliance with contractual obligations with clients.

  • Protecting our reputation and commercial interests

  • Determining staff training and system requirements

  • Maintaining back up of our systems for the purpose of being able to restore the system to a particular point in the event of a system failure or security breach

  • Addressing any queries or disputes that may arise including establishing, exercising or defending any legal claims

Using your personal data for the purpose of:

  • Monitoring quality and compliance both generally and in respect of particular individuals

  • Evaluating quality and compliance including compliance with this privacy notice

  • Monitoring performance and conduct within our organisation

  • Marketing our services, including the experience and specialism of our staff, and providing contact information

  • Planning, review and development of company processes, strategies and objectives

  • Detection and prevention of fraud, theft and other criminal activity

  • Establishing company performance or value including collating information and reporting relating to the actual or potential acquisition or transfer or all of our business

This means that for our commercial viability and to pursue these legitimate interests, we may continue to process your personal date for as long as we consider necessary for these purposes.

Consent to our processing your data:

In certain circumstances we may rely upon your consent to process information for a specific purpose. E.g to process sensitive information.  In some cases, this consent may be quite clear from your actions.  However, in other cases you may have provided your written or verbal consent to the use of your data.

You may withdraw your consent to our processing your personal data at any stage. However, note that we may continue to retain or otherwise use your personal information thereafter where we have a legitimate interest or legal or contractual obligation to do so.  Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations.  Withdrawal of consent will not have any effect on the lawfulness of any processing based on consent before its withdrawal.

Where we request your consent to process data for a particular purpose it is not a condition of your contract that you provide that consent.

For the avoidance of doubt information that we process because of our contract, a legal obligation, or our legitimate interest does not require your consent.

 

Sensitive Personal Data:

Sensitive personal data, is information which is intensely personal to you. Examples of this include information which reveals your political, religious or philosophical beliefs, your sexual orientation, or race or ethnic origin or which may require processing of information relating to our health.

Sector requirements usually necessitate referencing for a longer period, the personal data relates to a contract which extends beyond this period, or we are subject to a legal obligation which applies for a longer period.

We may also maintain a record of your employment for referencing purposes for a period of time we deem appropriate.

If, however you believe that we should delete your personal data at an earlier date please inform us in writing of your reasons.

Transfer if data to jurisdictions outside the EEA

In the course of the provision of our services, or in that functions of our business may be performed we may transfer data to countries or international organisations outside the EEA. This may, for example be to clients or third parties who provide support services to us.

Where information is to be so transferred, it may be to a country in respect of which there is an adequacy decision from the EU Commission.  However, if this is not the case, it is our policy to take steps to identify risks and in so far as is reasonably practicable, ensure that appropriate safeguards are in place.  Details relating to appropriate safeguards that are in place in relation to transfer of personal data to specific countries or organisations are available on request from the director Richard Viggers.

If you do not wish to provide necessary personal data:

There may be circumstances where we require you to provide data which is necessary in order for us to meet statutory or contractual obligations, or perform our contracts with you.  E.g., If you are an employee of ours, we must establish evidence that you have a right to work in the UK and we must have certain information on order to be able to meet our obligations under the PAYE scheme.

If you do not wish to provide us with information, we request then you may notify us of the same.  However, please be aware that as a result we may be unable to engage, or continue to engage you.

Group companies & transfer:

Although this privacy notice applies to us your data may be accessible to, and shared with other organisations within our group including ALP Care & Support CYF: for any purposes set out within this privacy notice, or where we have shared administration systems and staff.

Data security & confidentiality:

It is our policy to ensure, in so far that is reasonable and practicable, that our systems and records are secure and not accessible to unauthorised third parties in line with contemporary practice.

Changes to this privacy notice:

This privacy notice is regularly reviewed and maty be updated from time to time to reflect changes in our business, or legal or commercial practice.  Where an update is relevant to our processing of your data, we shall notify you of the same.

Your rights:

We take the protection of your personal data very seriously and it is important that you know your rights within that context, which include rights too:

  • Request a copy of the personal data that we hold

  • Object to our processing of your data where that processing I based upon legitimate interest and there are no compelling grounds for the continued processing of that data

  • Request that we restrict processing of your data in certain circumstances

  • Request that data is erased where the continued use of that data cannot be justified

  • Object to any decision, which significantly affect you, being taken solely by a computer or via another automated process

  • Withdraw your consent to our processing of your personal data for a particular purpose art any stage.  However please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so.  Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations

  • Request that inaccurate or incomplete data is rectified

  • Request that data provided directly by you and processed by automated means is transferred to you or another controller, this right only being applicable where our processing of your data is based either on your consent or in performance of a contract

  • Make a complaint to the information commissioner’s office

Please note that should you exercise your right to request that we erase data or cease any processing activity, we may retain a record of this request and if the action taken in order to both evidence our compliance, and to take steps to minimise the prospect of any data being processed in the future.

If you have nay questions concerning your rights or should you wish to exercise any of these rights, please contact the director, Richard Viggers.

 

If you are not happy with any aspect of the way in which your data is processed you may, in the first instance refer the matter to the director Richard Viggers.  This does not affect your right to make a complaint to the information commissioner’s office.