Recruitment Policy
Scope of privacy notice
Like most businesses, we hold and process a wide range of information, some of which relates to individuals who are applying to work for us. This notice explains the type of information we process, why we are processing it and how that processing may affect you.
The notice focuses on individuals who are applying to work for us and the data we process as part of that process. We have a separate Workplace Privacy Notice that applies to our current and former employees.
This notice is set out in this document (the Core Notice) and the Supplementary Information in the Annex 1 to this document.
In the Supplementary Information, we explain what we mean by “personal data”, “processing”, “special personal data” and other terms used in the notice.
In brief, this notice explains:
- what personal data we hold and why we process it;
- the legal grounds which allow us to process your personal data;
- where the data comes from, who gets to see it and how long we keep it;
- how to access your personal data and other rights;
- how to contact us.
Personal data - What we hold and why we process it
We process data for the purposes of our business including recruitment, management, administrative, employment and legal purposes. The Supplementary Information provides more specific information on these purposes, on the type of data that may be processed and on the grounds on which we process data. See Legal grounds for processing personal data and Further information on the data we process and our purposes.
Where the data comes from and who gets to see it
Some of the personal data that we process about you comes from you. For example, you tell us your contact details and work history as part of the recruitment process. If you are joining us, you may provide your banking details.
Other personal data may come from third parties such as recruiters acting on your behalf or from your references.
Your personal data will be seen internally by managers, HR and, in some circumstances (if you join us) colleagues. We will where necessary and as set out in this privacy notice also pass your data outside the organisation, for example to people you are dealing with and background checking agencies.
Further information on this is provided in the Supplementary Information. See Where the data comes from and Who gets to see your data?
How long do we keep your personal data?
We do not keep your personal data for any specific period but will not keep it for longer than is necessary for our purposes. In general, if you become employed by us we will keep your personal data for the duration of your employment and for a period afterwards. If you are unsuccessful in gaining employment with us, we will likely keep your personal data for a short period after informing you that you were unsuccessful.
See Retaining your personal data – more information in the Supplementary Information.
Transfers of personal data outside the UK or EEA
We will where necessary and as set out in this privacy notice transfer your personal data outside the UK or EEA to members of our group and other processors as necessary.
Further information on these transfers and the measures taken to safeguard your personal data are set out in the Supplementary Information under Transfers of personal data outside the EEA – more information.
Your data rights
You have a right to make a subject access request to receive information about the data that we process about you. Further information on this and on other rights is in the Supplementary Information under Access to your personal data and other rights. We also explain how to make a complaint about our processing of your data.
Contact details
In processing your personal data, we act as a data controller. We are registered as a data controller with the Information Commissioner’s Office, under registration ZA065001. We can be contacted at privacy@enigmaticsmile.com.
Status of this notice
This notice does not form part of any contract of employment you might enter into and does not create contractual rights or obligations. It may be amended by us at any time. Nothing in this notice is intended to create an employment relationship between us and any non-employee.
Annex 1- Supplementary information
What do we mean by “personal data” and “processing”?
“Personal data” is information relating to you (or from which you may be identified) which is processed by automatic means or which is (or is intended to be) part of a structured manual filing system. It includes not only facts about you, but also intentions and opinions about you.
Data “processed automatically” includes information held on, or relating to use of, a computer, laptop, mobile phone or similar device. It covers data derived from equipment such as access passes within a building, data on use of vehicles and sound and image data such as CCTV or photographs.
"Processing" means doing anything with the data. For example, it includes collecting it, holding it, disclosing it and deleting it.
Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sexual orientation, sex life, trade union membership and genetic and biometric data are subject to special protection and considered by UK and EU privacy law to be “special personal data”.
References in this notice to employment, work (and similar expressions) include any arrangement we may have under which an individual provides us with work or services, or applies for such work or services. By way of example, when we mention an “employment contract”, that includes a contract under which you provide us with services.
We use the word “you” to refer to anyone within the scope of the notice.
Legal grounds for processing personal data
What are the grounds for processing?
Under data protection law, there are various grounds on which we can rely when processing your personal data. In some contexts more than one ground applies. We have summarised these grounds as Contract, Legal obligation, Legitimate Interests and Consent and outline what those terms mean in the following table.
| Term | Ground for processing | Explanation |
|---|---|---|
| Contract | Processing necessary for performance of a contract with you or to take steps at your request to enter a contract | This covers carrying out our contractual duties and exercising our contractual rights. |
| Legal obligation | Processing necessary to comply with our legal obligations | Ensuring we perform our legal and regulatory obligations. For example, providing a safe place of work and avoiding unlawful discrimination. |
| Legitimate interests | Processing necessary for our or a third party’s legitimate interests | We or a third party have legitimate interests in carrying on, managing and administering our respective businesses effectively and properly and in connection with those interests processing your data. Your data will not be processed on this basis if our or a third party’s interests are overridden by your own interests, rights and freedoms. |
| Consent | You have given specific consent to processing your data | In general processing of your data in connection with employment is not conditional on your consent. But there may be occasions where we do specific things such as getting a criminal record check for a role which is regulated and rely on your consent to our doing so. |
Processing special personal data
Processing special data about you may be necessary in your jurisdiction (for example, storing your health records to assist us in ensuring that we provide you with a healthy and safe workplace, or processing personal data relating to diversity monitoring). If we process your special data we will also make sure that one or more of the grounds for processing special personal data applies. In outline, these include:
- Processing being necessary for the purposes of your or our obligations and rights in relation to employment in so far as it is authorised by law or collective agreement;
- Processing relating to data about you that you have made public (e.g. if you tell colleagues that you are ill);
- Processing being necessary for the purpose of establishing, making or defending legal claims;
- Processing being necessary for provision of health care or treatment, medical diagnosis, and assessment of your working capacity;
- Processing necessary for the prevention or detection of unlawful acts;
- Processing for equality and diversity purposes to the extent permitted by law
The examples in this list cannot, of course, be exhaustive:
We will also collect and process information concerning your application and our assessment of it including any background checks we may make to verify information provided and any information connected with your right to work. This may include as necessary for your role (and subject to legislation in your jurisdiction) checks verifying your job history, qualifications and previous renumeration as well as credit, criminal record, social media and adverse media checks.
If necessary, we will also process information concerning your health, any disability and in connection with any adjustments to working arrangements.
Legal obligation
Legitimate interest: carry out informed recruitment decisions
Prevention or detection of unlawful acts
Administering our online careers portal.
Communicating with you in respect of any offer of employment we choose to make and providing you with information about our onboarding process.
Legal obligation
Legitimate interest: carry out informed recruitment decisions
Legal obligation
Legitimate interest: ensuring you are aware of the responsibilities and benefits of the role you are offered
Legitimate interest: carry out informed recruitment decisions
Records of use of swipe and similar entry cards.
Legitimate interest: the ability to keep our locations secure, provide a safe environment for our personnel
Article 9(2) GDPR condition: processing is necessary for reasons of substantial public interest
Please note that if you accept an offer from us the business will process further information as part of the employment relationship. We will provide you with our full Workplace Privacy Notice as part of the on-boarding process.
Where we rely on legitimate interests, we have set out above the purposes for processing such data and why such processing is necessary. This Privacy Notice sets out the steps that we take to keep your data safe, and as such we have adequately balanced your data subject rights, with the needs of the business to process this data. This Privacy Notice also serves as our legitimate interests assessment.
Where the data comes from
When you apply to work for us the initial data about you that we process is likely to come from you: for example, contact details, information on your immigration status and whether you can lawfully work. Where necessary and in accordance with this privacy notice, we will require references and information to carry out background checks. If you have concerns about this in a particular context, you should speak to your recruiter or our HR department at HR@enigmaticsmile.com.
Please note we may also receive data from third party recruiters, agents and similar organisations as a part of the recruitment process.
Who gets to see your data
Internal use
Where necessary and as set out in this privacy notice, your personal data will be disclosed to relevant managers, HR and administrators for the purposes of your application as mentioned in this document. We will where necessary and as set out in this privacy notice also disclose this to other members of our group.
External use
We will only disclose your personal data outside the group if disclosure is consistent with a ground for processing on which we rely and doing so is lawful and fair to you.
We will disclose your data if it is necessary for our legitimate interests as an organisation or the interests of a third party (but we will not do this if these interests are over-ridden by your interests and rights in particular to privacy). Where necessary, we will also disclose your personal data if you consent, where we are required to do so by law and in connection with criminal or regulatory investigations.
Specific circumstances in which your personal data may be disclosed include:
- Disclosure to organisations that process data on our behalf such as our payroll service, identity verification, insurers and other benefit providers, our bank and organisations that host our IT systems and data;
- Disclosure to external recipients of electronic communications (such as emails) which contain your personal data;
- Disclosure on a confidential basis to a potential buyer of our business or company for the purposes of evaluation – but only if we were to contemplate selling;
- Disclosure to respond to law enforcement agency or government body requests or where required by applicable laws, pursuant to court orders, or arbitral or tribunal orders or rules of procedure, or to government regulations departments or agencies or regulatory bodies (including disclosures to tax and employment authorities), employment and any other regulatory bodies);
- Disclosure on a confidential basis to our advisers for example to our lawyers for the purposes of seeking legal advice or to further our interests in legal proceedings and to our accountants for auditing purposes;
- Disclosure to our insurers;
- Disclosure of aggregated and anonymised diversity data to relevant regulators as part of a formal request;
- To third parties for the purpose of assessing efficiency of IT or business system device usage. In such cases the data sent to the third party will be anonymised where possible;
- Your advisors and/or other entities linked with you.
- To third party recruitment consultants and similar businesses (including online recruitment portals) as a part of the recruitment process.
Retaining your personal data - More information
Although there is no specific period for which we will keep your personal data, we will not keep it for longer than is necessary for our purposes. In general if you are successful in becoming employed by us, we will keep your personal data for the duration of your employment and for a period afterwards. In considering how long to keep your data, we will take into account its relevance to our business and your potential employment either as a record or in the event of a legal claim.
If your data is only useful for a short period (for example, CCTV footage data) we will delete it.
Personal data relating to job applicants (other than the person who is successful) will normally be deleted after 12 months.
Transfers of personal data outside the UK or EEA – more information
In connection with our business and for employment, administrative, management and legal purposes, we will where necessary and as set out in this privacy notice transfer your personal data outside the UK or EEA, including to members of our group and on occasion other jurisdictions in which we are established. We will ensure that any transfer is lawful and that there are appropriate security arrangements.
Access to your personal data and other rights
We try to be as open as we reasonably can about personal data that we process. If you would like specific information, just ask us.
You also have a legal right to make a “subject access request”. If you exercise this right and we hold personal data about you, we are required to provide you with information on it, including:
- Giving you a description and copy of the personal data
- Telling you why we are processing it
If you make a subject access request and there is any question about who you are (for example, if we receive the request from an email address we do not recognise), we may require you to provide information from which we can satisfy ourselves as to your identity.
As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing or to have its processing restricted. If you have provided us with data about yourself (for example your address or bank details), you have the right to be given the data in machine readable format for transmitting to another data controller. This only applies if the ground for processing is Consent or Contract.
If we have relied on consent as a ground for processing, you may withdraw consent at any time – though if you do so that will not affect the lawfulness of what we have done before you withdraw consent.
Complaints
If you have complaints relating to our processing of your personal data, you should raise these with our General Counsel by emailing privacy@enigmaticsmile.com. You may also raise complaints with your statutory regulator. To request the contact and any other details please email privacy@enigmaticsmile.com.
Status of this notice
This notice does not form part of any contract of employment that you may enter into with us and does not create contractual rights or obligations. It may be amended by us at any time. Nothing in this notice is intended to create an employment relationship between us and any non-employee.
