GDPR PRIVACY NOTICE

The Company [Afrocats] is a “data controller”. This means 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 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, so that you are aware of how and why we are using such information.

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THE INFORMATION WE COLLECT AND HOLD ABOUT YOU  

 

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 which require a higher level of protection.

 

 We will collect, store, and use the following categories of personal information about you:

 

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.

• Date of birth.

• Gender.

• 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 and/or passport.

• 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).

• Compensation history.

• Performance information.

• Disciplinary and grievance information.

• 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.

 

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.

 

Date will be stored in a range of different places, including personnel files; in the Company’s HR management and payroll systems; in the time and attendance system; and in other IT systems (including our email system).

 

HOW WE WILL USE INFORMATION ABOUT YOU  

 

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:

1. Where we need to perform the contract we have entered into with you.

2. Where we need to comply with a legal obligation.

3. 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.

We may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your interests (or someone else’s interests).

2. Where it is needed in the public interest or for official purposes.

 

Situations in which we will use your personal information

 

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

 

• 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 benefits to you.

• 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 compensation.

• Assessing qualifications for a particular job or task, including decisions about promotions.

• 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.

• Education, training and development requirements.

• 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.

• CCTV footage and other information obtained through electronic means including the time and attendance system.

• Equal opportunities monitoring.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

 

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.

 

Your personal details (ethnicity, age, postcode, disability, gender) will be inputted into Community Arts North West’s secure monitoring database that allows Afrocats to report anonymous monitoring information to its core funders on the people that we contract.

 

Your personal contact details (including emergency contact) will be held securely by CAN and used to contact you directly if necessary or if any other relevant opportunities arise.

 

 

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION  

 

We may process “special categories” of personal information in the following circumstances:

1. In limited circumstances, with your explicit written consent.

2. Where we need to carry out our legal obligations and in line with our data protection policy.

3. Where it is needed in the public interest, such as for equal opportunities monitoring and in line with our data protection policy.

4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

 

We will use your particularly sensitive personal information in the following ways:

 

• We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.

• We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.

• 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.

 

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.

 

INFORMATION ABOUT CRIMINAL CONVICTIONS  

 

Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We will use information about criminal convictions and offences in the following ways:

 

•           Making a decision about your recruitment or appointment.

•           Determining the terms on which you work for us.

•           Making decisions about your continued employment or engagement.

We are allowed to use your personal information in this way where we need to perform the contract we have entered into with you, or where we need to comply with a legal obligation.

 

DATA SHARING  

 

We will 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. ”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group.

 

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 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.

 

DATA SECURITY  

 

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.

 

 

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. 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.

 

DATA PROTECTION COMPLIANCE   

 

Faye Salisbury has responsibility for data protection compliance within the Company. Please contact them if you have any questions about this privacy notice or how we handle your personal information. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.

 

YOUR RIGHTS AS A DATA SUBJECT

 

It is important that the personal information we hold about you is accurate and current. 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 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.

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 HR in the first instance.

AUTOMATED DECISION MAKING

Decisions will not be made about you based solely on automated decision-making, 

 

RIGHT TO WITHDRAW CONSENT 

 

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 Magdalen Bartlett in the first instance. 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.