Employee Privacy Notice

Version 3.1

This document can only be considered valid when viewed on the Intranet and/or AccessLMS. If this document is printed into hard copy or saved to another location, you must check that the version number on your copy matches that of the one online.

Document Control

• Owner: Compliance Director & DPO
• Classification: Confidential

Version History

Approvers

Distribution

All staff on the Intranet/Access LMS

Frequency of Review Required:

1 year, and on an ad-hoc basis

Definitions

Purpose

The Company 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) and other applicable data protection laws.

The Company 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.

It is important that you read this notice, together with any other privacy notice or policy 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.

What Information is Collected

We collect, store, and use the following categories of personal information about employees, workers, and contractors:

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Date of birth
• Gender
• 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
• 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 access card records (in the course of legitimate monitoring)
• Information about your use of our information and communications systems (in the course of legitimate monitoring)
• Photographs.

We may also collect, store, and use the following Sensitive Personal Data:

• Information about your race or ethnicity, religious beliefs, sexual orientation, and political opinions
• Information about your health, including any medical condition, health, and sickness records
• Genetic information and biometric data

How is your personal information collected?

We collect personal information about employees, workers and contractors direct during the application and recruitment process, and throughout the term of employment.

We collect personal information about employees, workers and contractors through the relevant employment agency where applicable.

We may sometimes collect additional information from third parties including former employers, pre-employment medical screening providers, or other background check agencies.

We will collect additional personal information during job-related activities throughout the period of you working for us (e.g. through automated means such as door access and IT systems).

How will we 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 vital interests (or someone else's vital interests) – i.e. to protect your/their life.
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 (see paragraph 2) 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
• Checking you are legally entitled to work in the UK
• Paying you and, if you are an employee, deducting tax and National Insurance contributions
• Providing company benefits that are available to you (including health and life insurance)
• Liaising with your pension provider
• Administering the contract, we have entered into with you
• Internal organisation charts
• 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 policies
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution
• To conduct data analytics studies to review and better understand employee retention and attrition rates
• Equal opportunities monitoring
• Gender pay gap reporting
• Complying with auditor requirements
• In relation to tendering for new business where specific employee details are required to adhere to the client’s tender requirements

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

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 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 Sensitive Personal Information

Sensitive Personal Data requires higher levels of protection. We need to have further justification for collecting, storing, and using this type of personal information. 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 relation to your employment with us.
3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme or health or life insurance.

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

We will process 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
• We will use information about your race or national or ethnic origin, religious, philosophical, or moral beliefs, or your sexual life or sexual orientation, or your disability status 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 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 Sensitive Personal Information. 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.

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.

We 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 during your employment term.

Data sharing

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.

Why might you share my personal information with third parties?

We will 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.

Which third-party service providers process my personal information?

"Third parties" includes third-party service providers (including contractors and designated agents). The following activities are carried out by third-party service providers: payroll, pension administration, occupational health provision, benefits provision and administration, travel management, fuel card provision, company car administration, IT services, administrative management, legal advisory and reporting.

How secure is my information with third-party service providers?

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, transfer or restructuring of the whole or part of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.

Transferring information outside the UK

We may transfer the personal information we collect about you outside the UK in order to perform our contract with you.

If your personal data is transferred outside the UK, we will ensure that adequate safeguards are in place, such as:

• UK adequacy regulations
• Standard contractual clauses
• Binding corporate rules

Data security

We implement appropriate technical and organisational measures to protect your data against loss, misuse, unauthorised access, disclosure, alteration, or destruction.

Data retention

How long will you use my information for?

We retain your personal data only for as long as necessary to fulfil the purposes outlined in this notice and to comply with legal obligations. Details of specific retention periods can be found in the Data Protection and Retention Policy. 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 applicable laws and regulations.

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:

• Right to be informed
• Right of access to your data
• Right to rectification
• Right to erasure (“right to be forgotten”)
• Right to restrict processing
• Right to data portability
• Right to object to processing
• Right not to be subject to automated decision-making

To exercise your rights, please contact us on the details below. Further details on these rights can be found in the Data Protection and Retention Policy.

Withdrawing 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 us using the details below. 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.

Contact and Complaints

The Head of Compliance & DPO will oversee compliance with this Privacy Notice. If you have any questions or concerns about this Privacy Notice or how we handle your personal information, please contact using the details below.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.

Becky Mahood
Compliance Director & DPO
Evolve B G Ltd
1 Smithy Court
Smithy Brook Road
Wigan
WN3 6PS
Compliance@evolvebg.co.uk

Changes to this Privacy Notice

We reserve the right to update this Privacy Notice at any time. The latest version will always be available via the Intranet, Access LMS and on request.