Builtvisible Limited is committed to protecting the privacy and security of your personal information or ‘data’.
This privacy notice describes how we collect and use personal data about you during and after your working relationship with us, in accordance with the EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (2018 Act).
We have a duty to notify you of the information contained in this privacy notice.
Builtvisible Limited is a "data controller" for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.
This notice applies to current and former employees, workers and contractors and explains how we will hold and process your information and it also explains your rights as a data subject.
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. 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.
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 data about you, so that you are aware of how and why we are using such information.
The kind of personal data we hold about you:
“Personal data” means information which relates to a living person who can be identified from that data (a “data subject”) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. 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 types of personal data about you:
• recruitment information such as your application form, CV or cover letter, references and details of any pre-employment assessments);
• your contact details and date of birth;
• the contact details for your emergency contacts;
• your gender;
• your marital status and family details;
• information about your contract of employment (or services) including start and end dates, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
• your bank details and information in relation to your tax status including your national insurance number;
• your identification documents including passport and/or driving licence and information in relation to your immigration status and right to work for us;
• information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
• information relating to your performance and behaviour at work;
• training records;
• electronic information in relation to your use of the IT systems and telephone systems;
• your images (whether captured on CCTV, by photograph or video); and
• any other category of personal data which we may notify you of from time to time.
We may also collect, store and use the following "special categories" of more sensitive personal data about you:
• information about your race, nationality or ethnicity, religious or philosophical beliefs, sex life and sexual orientation and political opinions;
• information about your health, including any medical condition, health and sickness records, including:
• details of any absences (other than holidays) from work including sick leave and family related leave; and
• where you leave employment and the reason for leaving is related to your health, the records relating to that decision and/or information about that condition needed for pensions purposes.
We may hold and use any of these special categories of your personal data in accordance with the law.
How is your personal data collected?
Personal data might be provided to us by you, or someone else (such as a former employer, your doctor or a credit reference agency), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment (or services) or after its termination. It could be created by your manager or other colleagues.
How we define processing
“Processing” means any operation which is performed on personal data such as:
• collection, recording, organisation, structuring or storage;
• adaption or alteration;
• retrieval, consultation or use;
• disclosure by transmission, dissemination or otherwise making available;
• alignment or combination; and
• restriction, destruction or erasure.
This includes processing personal data which forms part of a filing system and any automated processing.
How we will process your personal data
We will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
1. Where we need to perform the contract of employment (or services) 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. You have the right to challenge our legitimate interests and request that we stop this processing.
We can process your personal data for these purposes without your knowledge or consent.
We will only use your personal data 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.
If you do not provide personal data
If you choose not to provide us with certain personal data 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 and duties (such as paying the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you may suffer from).
Examples of when we might process your personal data
We have to process your personal data primarily to allow us to perform our contract with you (during your recruitment, employment (or engagement) and even following termination of your employment (or engagement)) and to enable us to comply with legal obligations. For example:
o to decide whether to employ (or engage) you
o to decide how much to pay you, and the other terms of your contract with us
o to check you have the legal right to work for us
o to carry out the contract between us including where relevant, its termination
o training you and reviewing your performance
o to decide whether to promote you
o to decide whether and how to manage your performance, absence or conduct
o to carry out a disciplinary or grievance investigation or procedure in relation to you or someone else
o to determine whether we need to make reasonable adjustments to your workplace or role because of your disability
o to monitor diversity and equal opportunities
o to monitor and protect the security (including network security) of the Company, of you, our other staff, customers and others
o to monitor and protect the health and safety of you, our other staff, customers and third parties
o to pay you and provide pension and other benefits in accordance with the contract between us
o paying tax and national insurance
o to provide a reference upon request from another employer
o monitoring compliance by you, us and others with our policies and our contractual obligations
o to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us
o to answer questions from insurers in respect of any insurance policies which relate to you
o running our business and planning for the future, including accounting and auditing
o conducting data analytics studies to review and better understand employee retention and attrition rates
o the prevention and detection of fraud or other criminal offences
o to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure
o for any other reason which we may notify you of from time to time.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
How we use particularly sensitive personal data
"Special categories" of particularly sensitive personal data require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data. We may process special categories of personal data in the following circumstances:
1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme.
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 (or they) are not capable of giving your consent, or where you have already made the information public.
Our obligations as an employer
We might process special categories of your personal data for the purposes under the heading ‘Examples of when we might process your personal data’ above which have an asterisk beside them. In particular, we will use information in relation to:
o leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws
o 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
o your race or national or ethnic origin, religious or philosophical beliefs, sexual life or sexual orientation or gender to ensure meaningful equal opportunity monitoring and reporting.
Do we need your consent?
We do not need your consent if we process special categories of your personal data 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. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process, at any point during your employment if required to carry out our obligations, or we may be notified of such information directly by you in the course of you working for us. We may only use information relating to criminal convictions where the law allows us to do so.
We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.
Automated decision-making
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.
Data sharing
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 do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.
Why might you share my personal data with third parties?
We will share your personal data 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.
Which third-party service providers process my personal data?
"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:
• Thomas Westcott – Payroll & Pension administration
• The People’s Pension – Pension management
• Vitality Health – Healthcare benefit
• PeopleHR – All employee administration
• Teamtailor – Recruitment administration
How secure is my data with third-party service providers and other entities in 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 data 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.
What about other third parties?
We may share your personal data 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 data with a regulator or to otherwise comply with the law.
Data security
We have put in place measures to protect the security of your data. Details of these measures are available from the Human Resources department.
Third parties will only process your personal data on our instructions and where they have agreed to treat the data confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data 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
How long will you use my data for?
We will only retain your personal data 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 retention policy which is available from the Human Resources department. We will only hold data for as long as necessary for the purposes for which we collected it.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.
Your data subject rights in connection with personal data
Under certain circumstances, by law you have the right to:
Information about what personal data we process, how and on what basis as set out in this Privacy Notice.
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you.
Request correction of the personal data 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 data. This enables you to ask us to delete or remove personal data 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 data where you have exercised your right to object to processing (see below).
Object to processing of your personal data 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 data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal data 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 data to another party, please contact the Human Resources department in writing.
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.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the data (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Human Resources department.
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.
Right to complain
You have the right to complain to the Information Commissioner. You can do this by contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commisioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.
If you have any questions about this privacy notice, please contact the Human Resources department.
By signing this agreement via PeopleHR I acknowledge that I received a copy of Builtvisible Limited’s Privacy Notice for employees, workers and contractors and that I have read and understood it.
