GDPR Employee Privacy Notice

Introduction

Active Me 360 C.I.C. is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the UK General Data Protection Regulation (UK GDPR).

It applies to all employees, workers, self-employed consultants and contractors.

In relation to self-employed consultants and contractors, references to 'employer' and employment related activities should be construed as referring to Active Me 360 C.I.C. and its activities as the business with which the self-employed consultant or contractor is contracted to carry out work, in so far as those activities relate to the arrangements entered into between the self-employed consultant or contactor and Active Me 360 C.I.C.. Personal data will only be collected where it is relevant to the contractual arrangements between Active Me 360 C.I.C. and each individual or company. Nothing in this privacy notice shall affect the status of a self-employed consultant or contractor or shall render them an employee, worker, agent or partner of Active Me 360 C.I.C.

Active Me 360 C.I.C. is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former employees, workers and contractors. 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.

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 information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

 

DATA PROTECTION PRINCIPLES  

We will comply with data protection law. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.

 

THE KIND OF INFORMATION WE HOLD ABOUT YOU  

Personal data, or personal information, 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).

There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation. Information about criminal convictions also warrants this higher level of protection. These are referred to separately in this privacy notice.

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

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Date of birth.
• Marital status and dependants.
• Next of kin and emergency contact information.
• National Insurance number.
• Bank account details, payroll records and tax status information.
• Salary, annual leave, pension and benefits information.
• Start date, and if different, the date of your continuous employment
• Leaving date and your reason for leaving.
• Location of employment or workplace.
• Copy of driving licence.
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
• Employment records (including job titles, work history, working hours, training records and professional memberships).
• Compensation history.
• Performance information.
• Disciplinary and grievance information.
• CCTV footage and other information obtained through electronic means such as swipecard records.
• Information about your use of our information and communications
• If applicable, results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.

 

We may also collect, store and use the following “special categories” of more sensitive personal information: 

• Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
• Trade union membership.
• Information about your health, including any medical condition, health and sickness records, including:
• details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and

 

• where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and benefit purposes.
• Genetic information and biometric data.
• Information about criminal convictions and offences.

 

HOW IS YOUR PERSONAL INFORMATION COLLECTED?  

We typically collect personal information about employees, workers and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

 

HOW WE WILL USE INFORMATION ABOUT YOU  

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

1. Where we need to perform the contract 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.

We may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest or for official purposes.

 

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.  

• Making a decision about your recruitment or appointment.
• Determining the terms on which you work for us.
• Determining whether your engagement is deemed employment for the purposes of Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) and providing you with a status determination statement in accordance with the applicable provisions of ITEPA 2003.
• Checking you are legally entitled to work in the UK.
• Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions.
• Providing employment benefits to you.
• Liaising with your pension provider, including enrolling you in a pension arrangement and liaising with the pension providers
• Administering the contract we have entered into with you.
• Business management and planning, including accounting and auditing.
• Conducting performance reviews, managing performance and determining performance requirements.
• Making decisions about salary reviews and compensation.
• Assessing qualifications for a particular job or task, including decisions about promotions.
• Gathering evidence for possible grievance or disciplinary hearings.
• Making decisions about your continued employment or engagement.
• Making arrangements for the termination of our working relationship.
• Education, training and development requirements.
• Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
• Ascertaining your fitness to work.
• Managing sickness absence.
• Complying with health and safety obligations.
• To prevent fraud.
• To monitor your use of our information and communication systems to ensure compliance with our IT policies.
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
• Equal opportunities monitoring.

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

 

Providing information regarding your family members

We may on occasion ask you to provide personal contact information relating to your family members or other individuals, for example, for the purposes of collecting emergency contact details and for the purposes of obtaining your expression of wishes in connection with certain benefits. On occasions, you may provide other personal information relating to your family members to us, for example in connection with a request for flexible working. By providing these details to us you are confirming that you have the relevant individual's consent to provide such information to us and for us to process this in accordance with this Privacy Notice.

 

If you fail to provide personal information

If you fail to provide certain information 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 (such as to ensure the health and safety of our workers).

 

Change of purpose

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.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION  

”Special categories” of particularly sensitive personal information, such as information about your health, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguard which are required by law to maintain when processing such data.

We may process special categories of personal information 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.
4. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.

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 are not capable of giving your consent, or where you have already made the information public.

 

Our obligations as an employer

In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below.

We will use your particularly sensitive personal information in the following ways:

• We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
• We will use information about 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 including statutory maternity pay, statutory sick pay, pensions and permanent health insurance. We need to process this information to exercise rights and perform obligations in connection with your employment.
• If we reasonably believe that you or another person are at risk of harm and the processing is necessary to protect you or them from physical, mental or emotional harm or to protect physical, mental or emotional well-being.
• We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.

Do we need your consent?

We do not need your consent if we use special categories of your personal information 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.

We do not need your consent where the purpose of the processing is to protect you or another person from harm or to protect your well-being and if we reasonably believe that you need care and support, are at risk of harm and are unable to protect yourself.

 

INFORMATION ABOUT CRIMINAL CONVICTIONS  

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with the Company's Data Protection Policy.

We may use information about convictions and offences in order to assess individual's suitability for employment. We are allowed to use your personal information in this way to carry out our safeguarding obligations because our activities involve working with children and vulnerable adults.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public.

We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

We envisage that we may hold information about criminal convictions. We will use information about criminal convictions and offences to assess your suitability to work for us in line with our safer recruitment obligations.

We are legally required to ensure that all individuals engaged in regulated activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS Check).

We are also legally required not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to children and vulnerable adults using our services.

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 or we may be notified of such information directly by you in the course of you working for us. We will also carry out ongoing criminal record checks during your employment on a periodic basis, which is usually 3 yearly.

We are allowed to use your personal information in this way to carry out our safeguarding obligations. 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 may transfer your personal information outside the UK. If we do, you can expect a similar degree of protection in respect of your personal information.

 

 Why might you share my personal information with third parties?

We may share your personal information 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.

We may also share your personal information with third parties after your employment ends in the context of responding to reference requests in accordance with our Reference Policy.

 

Which third-party service providers process my personal information?

 ”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-parties: payroll, pension administration, criminal record checks, background checks, credit reference checks, benefits provision and administration, and the provision of IT, occupational health, financial, legal and HR services.  

 

How secure is my information with third-party service providers and other entities in our group?

 

All our third-party service providers 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.

 

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, minimise the amount of information we share and use anonymised data where possible.

We may also need to share your personal information with a regulator, or to otherwise comply with the law. This may include, but is not limited to, making returns to HMRC, disclosures to regulators and disclosures to shareholders, such as directors' remuneration reporting requirements.

 

Transferring information outside the UK

 We do not anticipate transferring your information outside of the UK

 

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. 

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?

We will only retain your personal information 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.

Subject at all times to our duty to minimise the data we store and subject to compliance with our legal obligations and legitimate interests of the company, we envisage that we shall store personal data about employees for no longer than 6 years after the termination of their employment. Following termination of employment we will review, where possible, the personal data we hold and take steps to minimise the data retained where these requirements are met.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with our data retention policy.

 

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION  

Your duty to inform us of changes

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 your working relationship with us.

 

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 the 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. This applies 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 the Managing Director in writing.

 No fee usually required

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 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.

 

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 contact the Managing Director. 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.

 

CHANGES TO THIS PRIVACY NOTICE  

We reserve the right to update this privacy notice at any time, and 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.