Data Controller: Smyle Creative Limited, The Lockhouse, Mead Lane, Hertford, SG13 7AX

Data privacy has never been more important and in light of the GDPR coming into effect across the EU, Smyle is rolling out its Job Applicant Privacy Notice. This new law is built around principles of transparency and control, which is something Smyle takes very seriously.

The wording in this document reflects the requirements of the General Data Protection Regulation (GDPR), which comes into effect in the UK on 25 May 2018.

As part of any recruitment process, Smyle collects and processes personal data relating to job applicants. Smyle is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

Data protection principles

Smyle will comply with data protection law and principles, which means that your data will be:

  • Used lawfully, fairly and in a transparent way.
  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  • Relevant to the purposes we have told you about and limited only to those purposes.
  • Accurate and kept up to date.
  • Kept only as long as necessary for the purposes we have told you about.
  • Kept securely.

What information does Smyle collect?

Smyle collects, stores and uses a range of information about you in connection with your application to work with us. This includes:

  • your name, address and contact details, including email address and telephone number;
  • details of your qualifications, skills, experience and employment history;
  • information about your current level of remuneration
  • whether or not you have a disability for which the organisation needs to make reasonable adjustments during the recruitment process; and
  • information about your entitlement to work in the UK.

Smyle may also collect, store and use the following types of more sensitive personal information:

  • information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
  • Information about your health, including and medical condition health and sickness records.
  • Information about criminal convictions and offences.

The Company may collect this information in a variety of ways. For example, data might be contained in CVs, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment, including where applicable online tests.

The Company may also collect personal data about you from third parties, such as references supplied by former employers. The organisation will seek information from third parties only once a job offer to you has been made and will inform you that it is doing so.

Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems, including email.

Why does the Company process personal data?

Smyle needs to process data to take steps at your request prior to entering into a contract with you. It may also need to process your data to enter into a contract with you.

In some cases, the Company needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check a successful applicant’s eligibility to work in the UK before employment starts.

The Company has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows the Company to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. The organisation may also need to process data from job applicants to respond to and defend against legal claims.

The Company may process special categories of data, such as information about ethnic origin, to monitor recruitment statistics. It may also collect information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. The organisation processes such information to carry out its obligations and exercise specific rights in relation to employment.

If your application is unsuccessful, the organisation may keep your personal data on file in case there are future employment opportunities for which you may be suited. The organisation will ask for your consent before it keeps your data for this purpose and you are free to withdraw your consent at any time.

How we use particularly sensitive personal information

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

  • We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made the recruitment process including interview.
  • We will use information (if collected) about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Who has access to data?

Your information may be shared internally for the purposes of the recruitment exercise. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy.

The Company will not share your data with third parties, unless your application for employment is successful and it makes you an offer of employment. The Company will then share your data with former employers to obtain references for you, employment background check providers to obtain necessary background checks (where applicable).

Your data may be transferred outside the European Economic Area (EEA). We will communicate the specific purpose of this should this happen

How does the Company protect data?

Smyle takes the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.

For how long does the Company keep data?

If your application for employment is unsuccessful, the organisation will hold your data on file for 6 months after the end of the relevant recruitment process. If you agree to allow the Company to keep your personal data on file, Smyle will hold your data on file for a further 12 months for consideration for future employment opportunities. At the end of that period or once you withdraw your consent, your data is deleted or destroyed.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.

Your rights

As a data subject, you have a number of rights. You can:

  • access and obtain a copy of your data on request;
  • require the organisation to change incorrect or incomplete data;
  • require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
  • object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing.

If you would like to exercise any of these rights, please contact the HR team; Charlotte Key (charlotte.k@smyle.co.uk) or Kim Holland (kim.h@smyle.co.uk)

If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You are under no statutory or contractual obligation to provide data to the organisation during the recruitment process. However, if you do not provide the information, the organisation may not be able to process your application properly or at all.

Automated decision-making

Recruitment processes are not based solely on automated decision-making.