GDPR Privacy notice for Employees Workers & Contractors

GDPR Privacy notice for Employees Workers & Contractors

1.      INTRODUCTION

Promedica24 UK Ltd is committed to protecting the privacy and security of your personal information.  We only collect and use personal data in line with the General Data Protection Regulation, the Data Protection Act and any other applicable laws and regulations.

This Privacy Notice informs you (the ‘data subject’) about our processing activities: the data we hold, why we use it, how long we will retain it for, and other relevant information.

Any questions and requests regarding personal data may be sent to our Data Protection Officer by sending an email to: dataprotection@promedica24.co.uk or by phone: +44 20 331 54759, or by post: Cassiobury House, 11-19 Station Road, Watford, WD17 1AP.

2.      APPLICABILITY

This notice is issued by Promedica24 UK Ltd (the ‘data controller’); it applies only to Employees Workers & Contractors . This notice does not form part of any contract between you and Promedica24 UK Ltd.

Please also note that the following entities may act as joint controllers with Promedica24 UK Ltd.

  • Promedica24 (Wiltshire) Ltd in Swindon, SN2 8BW, Kembrey Park Pure Offices Suite 50
  • Promedica24 (West Midlands) Ltd, in Coventry, CV4 8JA, Westwood Way, Westwood Business Park, Ensign Business Centre, First Floor No 15
  • Promedica24 (Lancashire) Ltd, in Rawtenstall, BB4 6HH, New Hall Hey Road, Hardmans Business Centre, Suite 1

3.      DATA PROTECTION PRINCIPLES

We ensure any personal data we hold about you is:

  • Use 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

4.      THE KIND OF INFORMATION WE HOLD ABOUT YOU

Personal data 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).

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

  • Annual leave records
  • Application forms / CVs
  • Appraisal and development records
  • Attendance records (not sickness related)
  • Availability for work
  • Bank details
  • Commencement / termination dates
  • Conduct or capability related information
  • Correspondence
  • Criminal record checks / details
  • Date of birth
  • Deductions from pay
  • Disciplinary records
  • Duties and responsibilities
  • Employer name
  • Employment type
  • Ethnicity
  • Experience, knowledge or understanding
  • Gender
  • Grievance records
  • HMRC documents
  • HMRC number
  • Holiday entitlement
  • Home address
  • Home telephone
  • ID Number
  • IT system usage records
  • Job titles
  • Medical information (S)
  • Name
  • Nationality
  • Next of kin / emergency contact details
  • NI number
  • Notes
  • Notice period
  • Objectives
  • Passports or other IDs
  • Pay rate, history or other remuneration
  • PAYE number
  • Pension details
  • Personal email address
  • Personal mobile
  • Photograph/s
  • Probation period dates and related information
  • Qualifications and training
  • Racial or ethnic origin (S)
  • Referees and related information
  • References
  • Right to work documents
  • Sickness absence records (S)
  • Signature
  • Usernames / passwords
  • Work email address

 

We may collect, store and use “special categories” of more sensitive personal information in line with our Processing Sensitive Data Policy, these categories are marked (S) in the list above.  Special categories of personal data are more sensitive personal data which require a higher level of protection.

5.      WHAT LEGAL BASES DO WE RELY ON?

We use the types of personal data above on the following legal bases:

  • When we need the information to perform a contract with you.
  • When we need to comply with our legal obligations.
  • 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.

6.      WHY DO WE PROCESS THIS INFORMATION?

The situations in which we will process your personal information are listed below:

  • ANALYSIS – To undertake data analytics for internal staff management or external service management purposes
  • ARCHIVE – To maintain appropriate historical records
  • AUDIT – To retain information that may be relevant to an audit
  • BENEFITS – To provide benefits to employees and workers
  • CARE – To comply with our duty of care and consider adjustments
  • CLAIMS – To retain documents that may be relevant to legal claims
  • CONTRACT – To ensure other parties perform their contracted duties
  • CONTRACT – To generate appropriate contractual documentation
  • CONTRACT – To perform our duties under a contract
  • DUTY – To comply with a duty owed to a 3rd party
  • ELIGIBILITY – To ensure staff are entitled to work in the UK
  • EQUAL OPS – To comply with equal opportunities and reporting requirements
  • FRAUD – To prevent and aid the investigation of fraud
  • HUMAN RESOURCES – To process personnel matters including appraisal, professional development, fitness for work, disciplinary, contract termination, promotion and pay review
  • IT – To restrict network access and to monitor and manage the use of our systems
  • LITIGATION – To comply with our legal duty of disclosure
  • MANAGEMENT – To effectively manage our staff, their activities and our tangible assets
  • OBLIGATION – To comply with a strict legal obligation to retain records
  • PAYROLL – To administer pay, tax, NI and other deductions and allowances
  • PENSIONS – To administer pension enrolment and payments
  • QUALIFICATION – To ensure staff are suitably skilled and trained
  • REGULATOR – To comply with a requirement of our regulator
  • SAFEGUARDING – To ensure we comply with our duties to protect children and vulnerable adults
  • SECURITY – To promote and ensure a secure working environment and protect our staff and tangible assets
  • SERVICE DELIVERY – To provide our services to clients
  • SHARING – To share relevant information with a 3rd party organisation/s who have a right to know it

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

We will only use your personal information 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.

7.      WHERE DID WE COLLECT THIS DATA FROM?

We usually only collect information for Data Subjects directly.

In the context of employment, we may also have obtained your data from one of the sources below.

  • Employment agencies or businesses
  • Credit reference agencies
  • The Disclosure and Barring Service (DBS)
  • Former employees or workers who may have recommended you
  • Those you gave as referees

We will also collect some of the information in the categories above in the course of your employment.

8.      ARE YOU UNDER ANY OBLIGATION TO PROVIDE THE PERSONAL DATA?

Where we process Personal Data to comply with our legal obligations you must provide this information.

If you fail to provide certain information when requested we may be prevented from: performing the contract we have entered into with you, complying with our legal obligations, or achieving our legitimate interests.

9.      WHO DO WE SHARE THIS INFORMATION WITH?

We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.  Group entities are required to take appropriate security measures to protect your personal information in line with our policies.

We use some third-party service providers (the ‘processors’) who process data for us under strict instructions and under a binding contract with us. Our processors provide the following services:

  • Payroll
  • Pension administration
  • Benefits provision and administration
  • IT services
  • Web-based Customer Relationship Management software
  • Cloud-based storage
  • Outsourced HR
  • Data Protection Consultancy
  • Legal advisors
  • Accountancy services

 

Processors are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our processors 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.

10. TRANSFERS TO OTHER COUNTRIES OR TO INTERNATIONAL ORGANISATIONS

Your data will also be stored by entities operating in the United States of America. These entities have joined the Privacy Shield program, approved by the European Commission, which means that they properly protect personal data.

11. WILL THE INFORMATION BE USED FOR AUTOMATED DECISION MAKING OR PROFILING?

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

12. HOW LONG DO WE KEEP THIS INFORMATION?

We retain personal data in these categories for these periods:

Bank detailsFor the duration of contract only
CCTV footage3 months
Contractor informationDuration of contract plus 6 years
DBS documents6 months following commencement of employment unless relevant to ongoing employment in which case duration of employment plus 6 years
Employment application documents6 months from the end of the recruitment process if application unsuccessful and for the duration of employment plus 6 years if successful
Health surveillance related health records40 years
Legal claimsDuration of any litigation (actual or intimated)
Maternity records3 years from the end of the relevant tax year
Payroll information3 years form the end of the relevant tax year
Pension informationDuration of employment plus 6 years
Personnel file dataDuration of contract plus 6 years
Right to work documentsDuration of employment plus 2 years
SSP records and GP Fit Notes retained for SSP purposes3 years from the end of the relevant tax year
Working time opt-out recordsDuration of contract and at least 2 years from creation date

13. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

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 the recruitment process.

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 us 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.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

14. 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 notify us on the email address above.  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.

15. COMPLAINTS

If you have any concerns or complaints about data protection you should first raise this with us either by email to: dataprotection@promedica24.co.uk or by phone: +44 20 331 54759, or by post: Cassiobury House, 11-19 Station Road, Watford, WD17 1AP.

If you have a complaint or concern that has not been remedied internally, you may choose to raise this with the Information Commissioner’s Officer (ICO).  Visit www.ico.org for more information.