General Data Protection Regulation (2018) Notice Job Applicants: Privacy Notice

Introduction

Gist Limited 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 General Data Protection Regulations (GDPR).

Gist Limited is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. You are being sent a copy of this privacy notice because you are applying for work with us (whether as an employee, worker, self employed consultant or contractor). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).

In relation to self-employed consultants and contractors, references to 'employer' and employment related activities should be construed as referring to Gist Limited and its activities as the business with which the self-employed consultant or contractor is potentially contracting to carry out work, in so far as those activities relate to the arrangements entered into between the self-employed consultant or contactor and Gist Limited. Data will only be collected where it is relevant to the arrangements Gist Limited is proposing to enter into with each individual or company. Nothing in this agreement shall affect the status of a self-employed consultant or contractor or shall render them a potential employee, worker, agent or partner of Gist Limited.

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 your curriculum vitae and covering letter.
  • Any information you have provided on our application form whether directly or via a recruitment agency or our online provider Monster, including your name, title, address, telephone number, personal email address, date of birth, gender, employment history, qualifications, willingness to work at our locations, driving licence details and any further information that you submit.
  • Any information you provide to us during an interview (whether conducted in person, via telephone or via video call) and our assessment of your performance during interviews. This may including recordings of any video interview held on any video interviewing platform service used by us during the application process.
  • Any information you provide to us during any assessment centre that you attend, including our assessment of your performance during the assessment centre.
  • Any information we collect from you during general recruitment activity, such as careers fairs.
  • Any information you provide to us during the course of online aptitude and other assessments, including our assessment of your performance of this assessments.
  • Information about your right to work in the UK

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 and social mobility.
  • Information about your health, including any medical condition, health and sickness records.
  • Information about criminal convictions and offences.

How is your personal information collected?

We may collect personal information about candidates from the following sources:

  • You, the candidate.
  • Any recruitment agency used by you or by us to search for candidates, from which we collect the following categories of data: your contact information and your curriculum vitae and any covering information you authorise them to provide.
  • Our online job search provider, details of which are on our website, who manage our online application process.
  • Disclosure and Barring Service in respect of criminal convictions, where applicable.
  • Our health check provider, in respect of pre-employment health checks.
  • Your apprenticeship learning provider, where applicable.
  • Your named referees, from whom we request and may collect the following categories of data: your previous position, dates of employment, qualifications and comments on your performance, your suitability for the role, your attendance and time keeping, personal qualities and commitment and your reliability and trustworthiness, reason for leaving and re-employability and where applicable, your driver reference.
  • Data from third parties which is from a publicly accessible source may also be used if appropriate, for example, information you make publically available via Linked In.

How we will use information about you

We will use the personal information we collect about you to:

  • Assess your skills, qualifications, and suitability for the role.
  • Carry out background, criminal records and reference checks, where applicable.
  • Communicate with you about the recruitment process.
  • Carry out right to work checks.
  • Keep records related to our hiring processes.
  • Comply with legal or regulatory requirements.

It is in our legitimate interests to decide whether to appoint you to work for the organisation since it would be beneficial to our business to appoint someone to the roles which we have advertised at any given time.

We also need to process your personal information to decide whether to enter into a contract of employment or a contract for services with you.

Having received the information you have provided to us as part of the application process, 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 or assessment centre or online testing tool. If we decide to call you for an interview or an assessment, we will use the information you provide to us at the interview and any assessment centre or online testing to decide whether to offer you the role. If we decide to offer you the role, we will then take up references, carry out a criminal record if applicable and carry out any other pre-recruitment we need to do before confirming your appointment.

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.

How we use particularly sensitive personal information

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

  • We may use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview or at any other stage in the process.
  • We may 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.

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 envisage that we will hold information about criminal convictions for specific job roles for specific contracts. We will notify the candidates concerned where this is required.

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 the following third parties for the purposes of processing your application: Our online application provider, video platform provider, Disclosure & Barring Service, your recruitment agency and other companies in the group. 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.

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 usually retain your personal information for a period of 1 year after we have made the relevant appointment, subject to any additional legal obligations and in accordance with any legitimate interests of the company. 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;
  • Retain records of unsuccessful candidates or speculative candidates, to be considered for future job opportunities, which we may pro-actively contact candidates for;
  • Retain records of unsuccessful candidates, so that we can identify those candidates that have previously applied to work for the company in future application processes.

After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.
Any data you submit via our online application system will be held in accordance with the separate Privacy Notice provided to you by that provider.

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. 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 Data Protection Officer in writing.

Data protection lead

We have appointed a data protection lead (DPL) 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 the DPL. 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.

A PDF version of this privacy notice is available to download here.

back to top