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Candidate Privacy Notice
1. Introduction
This Privacy Notice explains how Schillings (‘Schillings’ ‘we’ or ‘us’) uses personal information relating to employment candidates (‘you’ or ‘your’).
For the purpose of this Privacy Notice ‘Schillings’ means Schillings International LLP, its subsidiaries and any group companies.
‘Candidates’ means all past, current or future candidates applying for a position with us.
2. General Data Protection Regulation
The UK General Data Protection Regulation (‘GDPR’) and Data Protection Act 2018 impose certain obligations on data controllers and give certain rights to data subjects.
Data controllers must have a legal basis, as set out in the GDPR, to process personal data. The GDPR defines ‘personal data’ as any information relating to an identified or identifiable natural person (a ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
The GDPR also sets out grounds for processing ‘sensitive personal data’, which includes information about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health or condition or sexual life, genetic data or biometric data.
3. What information do we collect?
We collect personal information and sensitive personal information about you during the recruitment process. This may include:
At the pre-application stage
• Professional information posted online, for example to recruitment websites and company profiles. This is likely to include contact details and information about your current employment, previous roles, educational background and skills.
At the application stage
• Identification information you choose to share with us such as name, professional information, nationality, contact details.
• CVs, application forms and covering letters. This is likely to include information about your current employment, previous roles, educational background and skills.
• Salary, bonus, and benefitsinformation.
• Sensitive personal data may be collected based on regulatory or operational needs. For example, we may collect sensitive personal data such as race and health data for equal opportunities and diversity monitoring purposes. You may share this information on voluntary basis.
At the interview stage
• Information you choose to share at interview which may include, professional history, any personal information you share relating to disabilities, religion, marital and maternity or paternity information.
• Interview notes including references to and opinions about your conduct and answers given at interview.
At the offer stage, once an offer has been accepted
• Professional, training and education records
• Information obtained from background checks, such as passport checks and professional accreditation verification
• Information about criminal convictions
• Information from employment references
• Health and medical records
• Information available in the public domain e.g. social media, media
• Information that might affect your employment or require support from us as your employer
We may collect this information from a number of different sources as follows:
• Directly from you
• People at Schillings who have interacted with you during the recruitment process
• Previous employers and referees
• Third party due diligence providers
• Online sources (open source)
4. Why we collect and use your personal information
We collect and use the information for the purposes of:
• Facilitating the recruitment of suitably qualified and skilled individuals
• Enabling us to contact candidates about current and future job opportunities
• Informing future recruitment activity
• Ensuring that our workforce is representative of the local/UK population and that we have a diverse pool of talent, and to monitor our progress against our Equality, Diversity and Inclusion (‘EDI’) initiatives
• Defend against any legal claims made against us
• Complying with our legal obligations
To use your personal information we will rely on one or more of the following grounds:
Performance of contract
This includes information required to enable us to enter into an employment agreement with you.
Compliance with a legal obligation
Carrying out obligations under employment law
This includes information required to ensure your right to work and to enable to us to meet our obligations to you as a potential employer.
Legitimate Interests
To facilitate the recruitment of suitably qualified and skilled individuals.
To enable us to contact candidates about current and future job opportunities.
To inform future recruitment activity.
To monitor the diversity of our workforce and monitor our progress against our EDI initiatives.
To defend against any legal claims made against us.
Explicit Consent
If you choose to share sensitive personal information or information relating to criminal convictions with us during the recruitment process you will be deemed to have given positive and unambiguous consent to the processing of that information in ways clearly and explicitly set out in this Privacy Notice.
There may be occasions where we have reason to collect additional sensitive personal information or use such information for additional purposes to those described above. In these circumstances, we will request your clear consent before processing information.
5. Sharing and Transferring Data
We may transfer your personal data to third parties including (but not limited to) benefits providers, external consultants, auditors and due diligence companies. We will only provide those companies with information they need to deliver their specific services and they will be prohibited from using that information for any other purpose.
We may also share your information with other companies within the Schillings group to enable us to effectively manage business operations and with the purposes set out above. Your information may be stored and processed in the United Kingdom or any other country in which Schillings or its affiliates, agents or consultants maintain facilities (including the US),and by providing any information to us you consent to any such transfer of information outside of the United Kingdom and European Economic Area.
Schillings may also disclose your information to other third parties if required or permitted to do so by law.
6. Storage and Data Retention
We will not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
We will retain your data for as long as we are in a recruitment process with you. At the end of this process, we will continue to hold data for as long as is needed to comply with our legal and contractual obligations and to defend ourselves against complaint or legal action or to consider you for future positions.
If you enter an employment contract with us, we will give you further information as to how your information will be processed as an employee.
7. Your rights
As a data subject you have a number of rights in relation to your information. You can:
• Request access to personal data we hold about you and request a copy of your data.
• Request rectification of incorrect or incomplete personal data.
• Object to processing of your data.
• Request erasure of your personal data.
• Request restriction of processing of your personal data.
• Request portability of your personal data.
8. Contact Information
If you have any questions about how we use your information, or if you would like to make a request in relation to your rights as described above, please contact us:
Email: compliance@schillingspartners.com
Head of Risk and Compliance, Schillings,12 Arthur Street, London, EC4R 9AB