LAST UPDATED: 28 Sept 2021
ABOUT THIS POLICY
This policy sets out how we use your data when you apply to us for a job.
We are part of the group of companies called Brioche Pasquier, and as such there may be one or more entities in the group dealing with your application. For example, Pasquier SA (the French company leading the group) sets out the system and processes, and Brioche Pasquier U.K. Limited (the local Brioche Pasquier entity you apply to) would work with that company to ensure compliance with local laws and procedures. Pasquier SA and Brioche Pasquier U.K. Limited are joint controllers of the processing described in this policy. This means that these companies have decided between them how and why your personal data will be processed and are both responsible to you for that processing. Unless expressly stated otherwise, references to “we”, “us” and “our” in this policy are a reference to both companies. If you have any queries, please contact Brioche Pasquier U.K. Limited in the first instance using the contact details at the end of this policy.
We take your privacy seriously and we are fully committed to protecting your personal data at all times. We will only process your personal data in accordance with, and adhere to the principles (as applicable) contained within, the EU General Data Protection Regulation, the UK GDPR and the Data Protection Act 2018 (and equivalent legislation of other countries) (together referred to as the “GDPR”).
This policy does not form part of any offer of employment and we may amend it at any time to reflect any changes in the way in which we process your personal data.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
“Personal data” is any information about a living individual from which they can be identified such as name, ID number, location data, any online identifier (such as IP address), or any factor specific to the physical, physiological, genetic, mental, economic or social identity of that person. It does not include data where any potential identifiers have been removed (anonymous data) or data held in an unstructured file.
There are “special categories” of more sensitive personal data which are more private in nature and therefore require a higher level of protection, such as genetic data, biometric data, information about sex life or sexual orientation, race or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and health. For the purposes of this policy, personal data relating to criminal convictions will also fall within the description of ‘special category/ies’ personal data.
When we refer to “processing”, this means anything from collecting, using, storing, transferring, disclosing, altering or destroying personal data.
HOW WE USE YOUR PERSONAL DATA
We process your personal data for various reasons, as explained in our Privacy Commitments, as set out below.
Primarily this will be to pursue our (or a third party’s) legitimate interests as a business. This may include/
• your contact details such as your name, address, telephone number and personal email address which will be used to communicate with you in relation to the recruitment process;
• your CV, any education history, employment records, professional qualifications and certifications in order for us to consider your suitability for the job you are applying for;
• details of the job role you are applying for any interview notes made by us during or following an interview with you, in order to assess your suitability for that role;
• pay and benefit discussions with you (regarding your current and potential roles) to help determine whether a job offer may be made to you;
• the results of a credit check for sensitive roles;
• voicemails, emails, correspondence, and other communications created, stored or transmitted by you on or to our computer or communications equipment in order to progress the application through the recruitment process;
• CCTV footage of you onsite for security reasons, for the protection of our property and for health and safety reasons; and
• network and information security data in order for us to take steps to protect your information against loss, theft or unauthorised access.
In some cases we may use your data to comply with our legal obligations or exercise legal rights conferred upon us. This may include:
• checks for eligibility to work in the country you have applied to, as required by immigration laws, such as passport and visa documentation;
• formal identification documentation relating to you, such as a passport or driving licence, to verify your identity (including your date of birth); and
• driving licence checks (such as the UK’s DVLA) to validate driving licence information if you are to drive our vehicles as part of the role applied for.
In limited cases we may seek and obtain your consent to processing your personal data. This may include:
• Seeking and receiving references and accompanying information from your referees and/or previous employers.
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 compatible reason. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain why.
HOW WE USE YOUR SPECIAL CATEGORIES OF PERSONAL DATA
We also collect, store and use your special category personal data for a range of reasons, relying on a variety of different legal reasons under the GDPR, as set out below.
To enable us to perform our legal obligations in respect of employment, social security, social protection law, or needed in the public interest. This may include:health information to assess and/or to comply with our obligations under equality of treatment laws (e.g. the UK’s Equality Act 2010 - assessing a requirement to make reasonable adjustments to your working conditions).
To establish, defend or exercise legal claims in an employment tribunal or any other court of law.
AUTOMATED DECISION MAKING / PROFILING
We do not use automated decision making, however we will notify you if this changes.
We may share your personal data and special category personal data internally. In particular, it may be shared with: HR employees involved in the recruitment process, employee relations and/or administration of your employment; line managers; and/or other appropriate persons who may be involved in the recruitment process for the job(s) you are applying for.
We may share your personal data and special category personal data with other companies within our group of companies. Why and how we do this will depend on the purposes and location of that group company – for more information, please contact us.
We may share your personal data and special category personal data with third parties, agents, subcontractors and other organisations (as listed below) where we have a lawful basis for doing so:
|Category of personal data||Recipient/relationship to us||Purpose of disclosure|
|All personal data collected||IT service providers (including group companies)||To support, maintain and host our information systems, including the software and hardware infrastructure required for it to operate/be accessible online and to keep a backup of your personal information|
|All personal information collected||Our legal and other professional advisers (including accounting and audit services)||To provide us with advice in relation to our business, including our legal, financial and other obligations and claims|
|Name, date of birth and contact details||Background / Credit check providers||To ensure the safety and security of the workforce|
When we disclose your personal data to third parties, we only disclose to them any personal data that is necessary for them to provide their service, for example background checking. We have contracts in place with third parties in receipt of your personal data requiring them to keep your personal data secure and not to use it other than in accordance with our specific instructions.
When we disclose your personal data to third parties, they may disclose or transfer it to other organisations in accordance with their data protection policies. This does not affect any of your data subject rights (see section 10 below). In particular, where you ask us to rectify, erase or restrict (the processing of) your personal data, we have an obligation to ensure that this instruction is passed on to any third parties whom we have disclosed your personal information to.
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 also share your personal data and special category personal data with other third parties for other reasons. For example: in the context of the possible sale or restructuring of the business; to provide information to a regulator; or to otherwise comply with the law. To comply with our legal obligations we may share your data with the following:
• Immigration purposes – the governmental home department and/or the police.
We may obtain personal data and/or special category personal data about you from third party sources, such as recruitment agencies, job boards, recruitment assessment centres, occupational health professionals and background check providers. Where we receive such information from these third parties, we will onlyp use it in accordance with this policy and any other data protection information given to you (e.g. an occupational health referral form).
TRANSFERRING INFORMATION OUTSIDE THE UK AND EEA
We do not envisage that we will transfer your personal data outside of the UK and EEA (meaning the EU member states, Norway, Iceland and Liechtenstein), however we will notify you in writing if this position changes. We will put in place appropriate measures to assure the data transfers where laws require us to do so.
Your personal information will be transferred from the UK to France and may also be transfrerred to other countries in the EEA. These jurisdictions have similar data protection laws and practices which means your personal data is protected to a very similar high standard when transferred to the UK.
DATA STORAGE AND SECURITY
Please see our Privacy Principles for details of how we hold your personal data.
We retain any of your personal data contained in job applications and interview records for 6 months from the date of collection. The only exceptions to this are where:
o your application is successful and we employ you, in which case we will retain your personal data for the duration mentioned in the employees policy.
o you exercise your right to have your personal data erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law;
o you exercise your right to require us to retain your personal data for a period longer than our stated retention period;
o we bring or defend a legal claim or other proceedings during the period we retain your personal data, in which case we will retain your personal data until those proceedings have concluded and no further appeals are possible; or
o in limited cases our legal obligations or a court or regulator requires us to keep your personal data for a longer or shorter period.
Please see our Privacy Principles for further details regarding your data protection rights. You may exercise these rights in a number of ways but to help us to handle your requests most efficiently, please use our GDPR webform available here.
You have the right to complain to a supervisory body if you are concerned about the way we have processed your personal data. In France this is the CNIL – www.cnil.fr, and in the UK this is the ICO – www.ico.org.uk.
Although you have the right to complain to the supervisory body, we encourage you to contact us first with a view to letting us help in resolving any queries or questions.
QUESTIONS AND COMPANY DETAILS
If you have any questions about any matter relating to data protection or the personal data and/or special category personal data that that we process about you, please contact:
Brioche Pasquier U.K. Limited – HR manager
8 Garamonde Drive
Our email address for data protection queries is firstname.lastname@example.org.
If you would prefer to speak to us by phone, please call 01908 266 700.
The company details of Brioche Pasquier U.K. Limited are located at https://www.pasquier.fr/en_uk/page/legal-requirements
The company details of Pasquier SA are located at https://www.pasquier.fr/fr/page/mentions-legales