DWS is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you before, during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR).
DWS is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to job applicants, current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
2. Our Commitment to your Privacy
DWT and its trading subsidiaries holds and processes data – including personal data and sensitive data – so that we can deliver our charitable mission as defined by our charitable Objects and our Manifesto, adhere to our values and beliefs, and so that we can grow and sustain our valuable community and vital networks.
We collect, hold and process personal data to build and maintain relationships; to secure the resources we need to deliver our mission; to provide a strong evidence base for our work; to keep our staff, volunteers, supporter and service users safe and to meet our legal and contractual obligations.
We are committed to gathering and processing personal data with full regard for the General Data Protection Regulations (GDPR), the Privacy and Electronic Communications Regulations (PECR) and to the principles of personal choice and control, transparency, fairness and security. We always collect and process data on lawful grounds to meet the genuine needs of our organisation, but we do so with the highest regard for an individual’s rights and freedoms.
We only share information when it is absolutely necessary to meet our organisational needs and legal obligations and only with strict controls and data sharing and processing agreements in place. We will never sell personal data to third parties.
We are committed to keeping the personal details of our staff and personnel safe.
For more information about your rights with regards to personal data, please see the Information Commissioner’s Office.
If you have any questions about this document, would like to find out more about the data we hold on you please do get in touch:
Director Resources and Marketing
Telephone: 01392 279244
Address: Devon Wildlife Trust
Our office hours are Monday – Friday, 9am – 5pm.
3. Key terms
Any references to Devon Wildlife Trust, DWT, the Trust, or to ‘we’ or ‘us’ in this and Related Policies refer to DWT the charity – a registered charity in England and Wales (registered charity number 213224).
The following are some of the key terms that apply in this document. These are definitions used by the Information Commissioner’s Office (ICO), the UK’s independent body set up to uphold information rights (www.ico.org.uk)
Automated Processing: any form of Automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.
Data subject: this is you. As the data subject, we respect your right to control your data.
Data controller: this is us, the Devon Wildlife Trust. With your permission, we determine why and how your personal data is used (as outlined in this document).
Data processor: this is a person, or organisation, who processes your data on our behalf.
Legitimate Interest: is one of the Lawful reasons for Processing Personal Data. It is where we determine that the Processing is necessary for us to pursue our legitimate interests and is lawful so long as the fundamental rights and freedoms of the individual are not overridden. We must have a clear and documented rationale for processing on this basis and an individual has the right to opt-out of any kind of communications that we send them on a Legitimate Interest basis. Other lawful basis for processing include consent; contractual; legal and vital interest.
Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person’s actions or behaviour.
4. The information we hold about you
4.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data that require a higher level of protection.
4.2 We will collect, store, and use the following categories of personal information about you:
· Personal contact details such as name, title, address, telephone numbers and personal email.
· Date of birth.
· Marital status and dependants.
· Next of kin and emergency contact information.
· National Insurance number.
· Bank account details, payroll records and tax status information.
· Salary, annual leave, pension and benefits information.
· Start date.
· Location of employment or workplace.
· Copy of driving licence.
· Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
· Employment records (including job titles, work history, working hours, training records and professional memberships).
· Salary remuneration and benefits history.
· Performance information.
· Disciplinary and grievance information.
- CCTV footage.
- Information about your use of our information and communications systems.
- 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.
- Trade union membership.
· Information about your health, including any medical condition, health and sickness records.
· Information about criminal convictions and offences.
4.4 We also regularly collect your opinions about your work with us and your working environment in order to ensure that we are supporting our team well. We only collect this information with your consent and anonymise it where at all possible.
4.5 Occasionally we may carry out activity called ‘profiling’ – whereby we collect information about skills, personality traits and motivations to enable us to better understand the nature of our staff team. Where at all possible, this kind of information would be anonymised.
5. How is your personal information collected?
5.1 We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
5.2 We will collect additional personal information in the course of job-related activities throughout the period of you working for us, such a one to ones, appraisals, grievance and disciplinary processes and as part of accreditation processes, such as Investors in People.
6. How we will use information about you?
6.1 We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
· where we need to assess your suitability for a role you have applied for
· where we need to perform the contract we have entered into with you;
· where we need to comply with a legal obligation;
· 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;
6.2 We may also use your personal information in the following situations, which are likely to be rare:
· where we need to protect your interests (or someone else’s interests); and
· where it is needed in the public interest or for official purposes.
6.3 We use your views and opinions about your work with us in order to review our employment practices and monitor the wellbeing of the staff team.
6.4 We use information collected through any profiling we undertake to enable us to better understand the nature of our staff team, undertake skills gap analysis and plan our resources more strategically.
6.5 We need all the categories of information listed in paragraphs 4.2 above primarily to allow us to perform our contract with you [Contractual*] and to enable us to comply with legal obligations [Legal**].
6.6 In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties [Legitimate Interest ***], provided your interests and fundamental rights do not override those interests.
6.7 Wherever we collect or use your views and opinions about us or carry out any kind of profiling to understand the balance of skills, personality and motivations in our staff team, this will be done with your consent [Consent****].
6.8 The situations in which we will process your personal information are listed below. We have indicated the purpose or purposes for which we are processing or will process your personal information, as well as indicating which categories of data are involved. Some of the above grounds for processing will overlap and there may be several grounds that justify our use of your personal information.
6.6.1 Personal Data
· 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.[*] [***]
· Training and development requirements.[*]
· 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.[*]
· Providing the following benefits to you: Childcare Vouchers.[*]
· 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 remuneration.[*]
· Assessing qualifications for a particular job or task, including decisions about promotions.[*]
· 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.[*][***]
· 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.[*]
- To gather your views about the organisation or conduct any profiling [****}
· Equal opportunities monitoring.[*][***]
6.6.2 Sensitive personal information
“Special categories” of particularly sensitive personal information require higher levels of protection. Special categories of data are:
- sex life
- sexual orientation
- ethnic origin
- political opinion
- trade union membership
- genetic and biometric data.
We must process special categories of data in accordance with more stringent guidelines. Most commonly, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process data for reasons of substantial public interest
- you have already made the data public.
We will use your special category data:
- for the purposes of equal opportunities monitoring
- in our sickness, absence or family related leave management procedures
- to determine reasonable adjustments
We do not need your consent if we use special categories of personal data in order to carry out our legal obligations or exercise specific rights under employment law. However, we may ask for your consent to allow us to process certain particularly sensitive data. If this occurs, you will be made fully aware of the reasons for the processing. As with all cases of seeking consent from you, you will have full control over your decision to give or withhold consent and there will be no consequences where consent is withheld. Consent, once given, may be withdrawn at any time. There will be no consequences where consent is withdrawn.
7. If you fail to provide personal information
If you fail to provide certain information when requested, 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).
8. 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, 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 or consent, in compliance with the above rules, where this is required or permitted by law.
9. Information about criminal convictions
We will only collect information about criminal convictions if it is appropriate given the nature of the role. This will usually be where such processing is necessary to carry out our obligations in line with our Safeguarding Policy i.e. through the completion of DBS checks.
The lawful basis we use to process this data is ‘legal’.
10. Automated decision-making
10.1 Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
· where we have notified you of the decision and given you 21 days to request a reconsideration;
· where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights;
· in limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights;
10.2 If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
10.3 You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
10.4 We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
11. Data sharing
11.1 We may have to share your data with third parties, including third-party service providers and other entities in the group.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU e.g. for information held on our finance of accountancy systems. If we do, you can expect a similar degree of protection in respect of your personal information.
We may need to share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
11.2 “Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following third-party service providers process personal information about you for the following purposes:
- Sage [payroll and HR record keeping]
- Aviva [pension provider]
- Edenred [childcare voucher provider]
- Quayside [IT support]
- Disclosure Services [DBS checks]
11.3 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.
11.4 We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
11.5 We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
12. Data security
We have put in place measures to protect the security of your information. Details of these measures are available in our Data Protection and related policies.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
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.
13. Data retention
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our central Retention Log, which forms part of our Data Protection Policy. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances, we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
14. Rights of access, correction, erasure, and restriction
14.1 It is important that the personal information we hold about you is accurate and current.
14.2 Please keep us informed if your personal information changes during your working relationship with us.
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 that 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.
14.3 If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the HR Manager in writing.
14.4 You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
14.5 We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights) such as a copy of your passport or driving licence (this is not an exhaustive list). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
14.6 In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the HR Manager. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
15. Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
16. Get in touch
Director of Resources and Marketing
Telephone: 01392 279244
Address: Devon Wildlife Trust
Our office hours are Monday – Friday, 9am – 5pm.
|Date of Version||21/04/18|
|Next Review Date||May 2019|
|Audience for Document||Staff and Job Applicants|
|How disseminated?||On our website; signposted from our application packs|
|Who is responsible for dissemination and updates?||HR Manager|
|Related Policies and Guidance|
|DWT Data Protection Policy which includes:
· Data Security Policy
· Data Management and Retention Policy
|Privacy Notice Retention Information DC4.2|
|DWT Complaints Policy – ‘How to Complain’
DWT Whistleblowing Policy
|Information Commissioners Office (ICO) guidance|