What is the purpose of this data protection notice?
The Clearway Group Limited and its subsidiaries (“the Group” or “us” or “we”) are committed to protecting the privacy and security of your personal information.
The Group companies, which employ or engage workers and/or contractors are data controller. You can find out more about our group here. This means that we are responsible for deciding how we hold and use personal information about you. This privacy notice makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment or engagement exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under data protection legislation.
Further information on how we comply with our data protection obligations and individuals’ rights and obligations in relation to the processing of personal data whilst working for or on behalf of a member of the Group can be found in our Data Protection Policy which will be made available upon request.
Data protection principles
We 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.
The kind of information we hold about you
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:
- Any information you have provided to us in a curriculum vitae (“CV”) and any covering letter.
- Any information you have provided on an application form or equivalent, including name, title, address, telephone number, personal email address, date of birth, nationality, gender, employment history and qualifications.
- Any information you provide to us during an interview.
- Information relating to any tests or skills assessments you undertake as part of the recruitment process;
- Any personal information you (or someone on your behalf) provide to us during the course of your application, including details about your career aspirations, personal circumstances and interests.
We may also collect, store and use the following “special categories” of more sensitive personal information, to the extent permitted by local law:
- Information about your health, including any medical condition for which your potential future employer needs to make reasonable adjustments during the recruitment or engagement process.
- Information about criminal convictions and offences.
We may also collect images through CCTV cameras where we operate CCTV cameras.
How is your personal information collected?
We will only collect information that has a direct and necessary link with the job at stake or with your professional skills. We collect personal information about candidates from the following sources:
- You, the candidate
- Any recruitment agency you have instructed or who is acting on your behalf
- Background check providers (only if necessary for the specific role you apply for)
- Credit reference agencies (only if necessary for the specific role you apply for)
- Disclosure and Barring Service in respect of criminal convictions (only applicable for UK residents)
- Your named referees (only applicable if requested by you)
- Information in the public domain, such as public records relating to professional memberships/admission, information on LinkedIn or other social media sites and information on your current employer’s website
- By electronic means (Please see ‘The kind of information we hold about you’ section above)
How we will use information about you (purposes and legal basis for the processing of your personal information)
We will use the personal information we collect about you where necessary to decide whether to enter into a contract with you:
- assess your skills, qualifications, and suitability for the work or role
- carry out background and reference checks, where applicable
- communicate with you about the recruitment or engagement process
- keep records related to our hiring or engagement processes
Where required, we further use your personal information to comply with legal or regulatory requirements under Union or Member State law to which we are subject. If you are offered a role, we will use information about your nationality and entitlement to work in your country to ensure we are compliant with our legal obligation to prevent illegal working.
For the purpose of our legitimate interest to carry out analytics and develop our products we conduct data analytics of images obtained from CCTV footage.
In case we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your consent.
Having received your CV and covering letter and/or your application form or equivalent, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. The above information will be made accessible to the HR Department and the relevant personnel involved in the recruitment or engagement decision only. If we decide to call you for an interview, we will use the information you provide to us at the interview and throughout the recruitment or engagement process to decide whether to offer you the role. If we decide to offer you the role, we will then take up references and ask you to provide original documentation as proof of your identity, right to work and qualifications and carry out criminal record, security, driving licence, credit and background checks before confirming your appointment (when justified by the specific role you apply for and to the extent permitted by local law). Copies of these documents will be kept in your personnel file (employees and workers only) or in alternative secure storage (contractors).
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 health and disability status to consider whether we need to provide appropriate adjustments during the recruitment or engagement process, for example whether adjustments need to be made to any test or interview process. Our legal basis for such processing (and applicable derogation for the collection of sensitive data under article 9 GDPR) is the necessity for the exercise of rights or the fulfilment of legal obligations under labour law, social security law and social protection law.
Information about criminal convictions
We will collect information about your criminal convictions history if we would like to offer you the work or role (conditional on checks and any other conditions, such as references, being satisfactory) if it is appropriate given the nature of the role and where we are legally able to do so.
We are allowed to use your personal information in this way to carry out our legal obligations or if it is necessary for the performance of a contract. In the case of a role applied at a French member of the group we will be allowed to use your personal information in this way to carry out our legal obligations or if it is in our legitimate interests to manage legal claims (except where such interests are overridden by the interests and fundamental rights and freedoms of the data subject).
This is primarily in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.
If you fail to provide personal information
If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for this role and you fail to provide us with relevant details, we will not be able to take your application further.
Automated decision-making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Data sharing
Why might you share my personal information with third parties?
We will only share your personal information with other entities in the Group, credit and background check providers, your recruitment agent or any vacancy advertising platform through which you apply to us, our recruitment system providers, IT services provider (e.g., office software solutions, hosting) and any party necessary for pre-employment screening, as long as this is necessary for the purposes of processing your application.
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 need to share your personal information with a regulator or legal advisor or to otherwise comply with the law.
Transferring information outside the EEA
We may transfer personal information about you outside the UK, France, Germany or the EEA. Whenever we make transfers of your personal information outside the UK, France, Germany or EEA, we implement appropriate safeguards in accordance with applicable data protection laws e.g., the Standard Contractual Clauses, the UK Addendum and/or make transfers to countries that have an adequacy decision by the European Commission and/or the UK Information Commission’s office. . If you would like to find out more about any such transfers or obtain a copy of safeguards, please contact our Data Protection Officer using the contact details set out below.
Data security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality. Details of these measures can be obtained from our Group Data Protection Officer.
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 information for?
If you are successful and we appoint you to a role or offer you work, we will retain your personal information in line with our Employee, Worker and Contractor Privacy Notice, which will be provided to you. The privacy notice explains how we will process your personal data during your time working for or on behalf of an entity of our Group.
If you are unsuccessful at the shortlisting stage, any application form, CV, covering letter and/or any results from test will be confidentially disposed of one year after the shortlisting process. If you apply for a role at a German member of the Group, we will retain your personal information for a maximum period of six months after we have communicated to you our decision not to appoint you to the role you applied for.
If you are unsuccessful following the interview stage, we will retain your personal information for a period of one year after we have communicated to you our decision about whether to appoint you to the role. If you apply for a role at a German member of the Group, we will retain your personal information for a maximum period of six months after we have communicated to you our decision not to appoint you to the role you applied for. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information. As an exception to the foregoing, if you apply for a role at a French member of the Group, we will retain your personal information for a maximum period of three months after the end of the recruitment process. Your data will then be archived for 5 years in accordance with the applicable statute of limitations.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your consent to retain your personal information for a fixed period (if you have applied for a role at a French member of the Group it will be 2 years) on that basis.
Rights of access, correction, erasure, and restriction
Your rights in connection with personal information
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.
- 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 you or, where possible, to another party in a structured, commonly used format.
- Withdrawal of your consent. You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Postmortem data processing (only if you are applying for a role with a French member of the Group): you can give instructions in relation to the storage, erasure and communication of your personal data after your death to us or to a certified trusted third party in charge of enforcing the wishes of the deceased in compliance with the applicable legal framework.
You have the right to lodge a complaint with a data protection supervisory authority (for example at your place of residence) if you consider that the processing of your personal data infringes applicable law.
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 you or, where possible, to another party, please contact our Group Data Protection Officer in writing.
Data protection officer
We have a Group Data Protection Officer to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact our Group Data Protection Officer.
If you have any questions about this privacy notice, you can contact us:
Group Data Protection Officer: Mel Jeczelewska, General Counsel and Group Company Secretary
By post: The Clearway Group, FAO: Group Data Protection Officer, Penway Place, 2a Charing Cross Road, London, England, WC2H 0HF
By phone: +44 (0)20 3325 0250
By email: contact our Group Data Protection Officer at dpo@theclearwaygroup.co.uk.
