Fair Processing Notice for Candidates

Introduction

At Macildowie Associates Ltd, our parent and subsidiary companies, we respect your personal data. 

This Fair Processing Notice (FPN) details what happens to your data if you wish to apply for a role that falls under a Government Contract. Please also see the “Candidate FPN” as this still applies to you.

Our contact details

We have offices in Nottingham and Leicester.

Nottingham

6th Floor
Waterfront House
Station Street
Nottingham
NG2 3DQ

Leicester

3 Merus Court
Meridian Way
Meridian Business Park
Leicester
LE19 1RJ

Our Data Protection Consultant is Kristy Gouldsmith, and the email address to contact her is dpo@macildowie.com.

What personal data do we collect about you? How will we use that personal data?

The personal data we collect when you register as a candidate is covered in our “Candidate FPN”, so this section will only list the additional personal data collected when we submit your data as part of a Government Contract application.

Driving Licence

Some roles require a driving licence check. If this is the case, then we will tell you. In this case, you will be required to send us your DVLA Licence check code, which we will send to the hiring organisation. Our legal basis for processing this data is Legitimate Interest. Our Legitimate Interest is to provide the necessary data to our client to facilitate your employment.

Photo

Your image is classed as personal data, so it is subject to the same rules as any other personal data. We are required to submit a passport-sized photograph with your application. The photograph is transmitted electronically to the hiring organisation and is also stored by Macildowie on your electronic candidate record. Our legal basis for processing this data is Legitimate Interest. Our Legitimate Interest is to provide the necessary data to our client to facilitate your employment.

Medical Data

Some roles require candidates to hold a “Certificate of Fitness”. If the role for which you are applying requires this assessment, then Macildowie will pass your email address to our Occupational Health partner, Healthier Business, and they will then liaise with you directly. Your medical data is classed as Special Category data, so we can only process this with your express consent. If you decide at any point that you do not wish Healthier Business and/or Macildowie to process your medical data, then please discuss this with us as soon as possible.

Criminal Record Data

Some roles require candidates to undergo a DBS check, which could result in criminal conviction data being shared with the hiring authority. Macildowie will pass your email address to our DBS checking provider, who will contact you directly to gather information for the DBS check. Macildowie will receive a report from our DBS checking provider once the check is complete, which is password-protected and stored securely on your candidate record. The report is shared with the hiring organisation. If you do not wish your criminal data to be processed by Macildowie or DBS checking provider, then please discuss this with us as soon as possible.

ID Documents

We may be required to take copies of additional ID documents, depending on the role you are applying for. When this happens, we treat the ID document as personal data. We will attach a copy securely to your electronic candidate record. Our legal basis for processing this data is Legitimate Interest. Our Legitimate Interest is providing the necessary documents to our client to facilitate your employment.

Do we use any automated decision-making?

We do not use any automated decision-making.

Who do we share your personal data with?

We share your data with the following:

• Our software providers (e.g. our CRM provider or external assessment software);
• Our professional advisors (e.g. legal advisors, accountants);
• Our clients (but only after speaking to you about a specific role);
• Professional bodies (if we need to conduct qualification checks);
• Government or regulatory bodies.

Do we transfer your personal data outside of the UK?

As a general rule, we do not transfer your personal data outside of the UK. If we discuss a role with you that requires us to send your data outside the UK, we will speak to you in advance.

How long do we keep your personal 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. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. 

By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. If you ask us, we will delete the data we hold on you that we are not required to retain by law.

We retain data on candidates for six years after finding you a position in case you wish us to assist you again. We will periodically email you to ask if you still wish to be on our database and remove you if you request us to do so. This is a legitimate interest for the business, and you have the option to opt-out.

We keep a list of people who have made deletion requests (name, email, date deletion actioned and any correspondence) for one year after the request in case of further enquiries. This is a legitimate interest for the business.

We keep a similar list of people who have made a subject access request for one year in case of any further enquiries. This is a legitimate interest for the business.

Your rights as a data subject

The GDPR gives you rights as a data subject. You have:

• The right to request from us access to your personal data;
• The right to request from us the rectification of your personal data;
• The right to request from us the erasure of your personal data;
• The right to request from us restriction of processing your personal data;
• The right to object to our processing of your personal data;
• The right of data portability;
• If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time. To do so, please get in touch with mydata@macildowie.com. That does not affect the lawfulness of processing based on your consent before you withdrew it; and
• You have the right to complain to the ICO if you feel that we have been unable to resolve your query.

You can find more information on your rights in Chapter 3 of the General Data Protection Regulation.