Sazerac UK Limited collect data and information about our prospective employees so that we can assess your suitability as a candidate. This Fair Processing Notice explains what data we process, why we process it, our legal basis, how long we keep it and the rights of prospective employees. This information will enable you to make an informed choice about whether or not you choose to apply for a position at Sazerac UK Limited.
We will always make sure that our prospective employee’s information is protected and treated securely. Any information that we process will be held in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and other UK or EU data protection legislation.
Our contact details
Sazerac UK Limited
174 Terrace Road, Walton-On-Thames, Surrey, England, KT12 2ED
Email: info@hi-spirits.com
Our Data Protection Officer is Kristy Gouldsmith and she can be contacted at info@hi-spirits.com
WHAT DATA DO WE PROCESS?
In order to employ you, we are required to process the following personal data:
- Your passport or other identification to prove that you have the right to work in the UK. From your passport, we will have your name, date of birth, your nationality, your photo and your passport number.
- Documentary evidence of any relevant qualifications;
- Work experience, education and skills;
- A copy of each reference obtained for you;
- Data revealling your race, religious beliefs, political views, gender sex or sexual orientation for our Equality and Diversity programme; and
- Publicly available information of your profile on business social media channels, such as Linkedin. We do not view your private social media, such as Facebook, as it is not relevant to your potential employment with Sazerac UK Limited.
We obtain this information from you when you apply directly to us. When you apply via a recruitment agency, we receive your data from the recruiter. We have instructed the recruitment agencies to provide you with this Fair Processing Notice so that you will understand how Sazerac UK Limited processes your personal data before you apply for a position with us.
We collect information about you when you apply for employment and we process it on during the recruitment process. If you are a successful candidate, the personal data collected and processed will become part of your HR file.
WHY DO WE NEED TO PROCESS PERSONAL DATA ON OUR POTENTIAL EMPLOYEES?
We need to process personal data about our prospective employees in order to assess your suitability as a candidate, to fulfil our legal obligation to ensure that you have the right to work in the UK and in case of any employment tribunal claims.
OUR LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
By law, we need a legal basis for processing the personal data of a prospective employee. We will process your data using the legal basis of consent, legal obligation and legitimate interests.
Consent:
Consent is given where we ask you for permission to use your information in a specific way and you agree to this. Where we use your information for a purpose based on consent, you have the right to withdraw consent for this purpose at any time. For example, you apply for a position with us because you wish to.
Legal obligation:
We have a basis to use your personal information where we need to do so to comply with one of our legal or regulatory obligations. For example, we need to check that you have the right to work in the UK.
Legitimate interests:
We have a basis to use your personal information if it is reasonably necessary for us to do so and in our “legitimate interests” (provided that what the information is used for is fair and does not unduly impact your rights).
For example, we have a legitimate interest to collect and use your personal data during the recruitment process to assess your suitability as a candidate.
We only rely on legitimate interests where we have considered any potential impact on you, whether or not our processing is excessive and that our processing does not override your rights.
You have the right to object to our processing your personal data because of our legitimate interests. Please contact us if you have any concerns.
Special Categories of Data
Special categories of personal data are data revealing race, religious beliefs, political views, trade union membership, sex life or sexual orientation, health or genetic/biometric information. We will process this type of information about you only if we are required to do so and if we have a specific exemption under the GDPR, which are with your explicit consent, if we are required to do so for employment law purposes or the processing is a substantial public interest.
We process the following data because we have a legal obligation for employment law purposes to do so. We cannot employ you without this data.
- Proof of your identity, including a copy of your birth certificate and passport (if any), as evidence of the right to work in the UK (name, date of birth, nationality, photo, passport number)
We process your personal data due to our legal obligation for employment law purposes to share it with:
- The Home Office for the right to work checks, if required
We process data revealing your race or ethnic origins in the substantial public interest as this is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people with a view to enabling such equality to be promoted or maintained.
We process data concerning health with the explicit consent of the prospective employee, if the prospective employee needs reasonable adjustments in order to attend for an interview. You have the right to withdraw your consent at anytime.
In the case of any disputes, we will process your personal data because we have a legitimate interest and the processing is necessary for the establishment, exercise or defence of legal claims. All personal data will be shared, as required, with our legal advisors and our insurers
We will process the following personal data because it is a legitimate interest of Sazerac UK Limited:
- collect your personal data during the recruitment process to assess your suitability;
- hold your CV and all data collected during the recruitment process for six months in the unlikely event of any employment tribunal claims;
- store your personal data securely on servers and in the cloud;
- capture your image on CCTV for the safety and security of our clients, staff and visitors;
- require documentary evidence of any relevant qualifications;
- share your personal data with our advisors and insurers (HR, solicitors, data protection, accountants);
- obtain references for you; and
- to share your data with our head office in the United States, if required.
You have the right to object to our process because of our legitimate interests. Please contact us if you have any concerns.
We will process the following personal data with your consent and you have the right to withdraw your consent at anytime:
- Your application to us; and
- We will hold your application for six months if you are not successful and you wish us to hold your application for any future positions.
How long do we hold the personal data of our prospective employees?
We hold all records of an unsuccessful prospective employee for six months in the unlikely event of any employment tribunal claims. We will hold your CV in case of any future positions for six months and only with your consent. We will destroy your application if a position has not become available during that six months.
If you are successful, your application will become part of your employee file.
Who do we share prospective employee data with?
We share data, where required, with:
- The Home Office for right to work checks;
- Our insurance providers;
- Our legal advisors;
- Our software and cloud service providers;
- Our head office in the United States, if necessary.
Data transfers out of the EU or EEA
Your data is kept in the EU or EEA except for data that is transferred to our head office in the United States for administrative purposes.
The United States is non-adequate country for data transfer as determined by the European Commission. Your data is protected by EU Model Contracts between our UK office and our American head office. The EU Commission has determined that EU Model Contracts are sufficient safeguards on data protection for the data to be transferred internationally. You can learn more about Standard Contractual Clauses at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
Rights of prospective employees
Your rights
You have rights in respect of our processing of your personal data which are:
- To access to your personal data and information about our processing of it. You also have the right to request a copy of your personal data (but we will need to remove information about other people).
- To rectify incorrect personal data that we are processing.
- To request that we erase your personal data if:
- we no longer need it;
- if we are processing your personal data by consent and you withdraw that consent;
- if we no longer have a legitimate ground to process your personal data; or
- we are processing your personal data unlawfully
- To object to our processing if it is by legitimate interest.
- To restrict our processing if it was by legitimate interest.
- To request that your personal data be transferred from us to another company if we were processing your data under a contract or with your consent and the processing is carried out automated means.
If you want to exercise any of these rights, please contact us.
If you have a concern about the way we are collecting or using your personal data, please raise your concern with us in the first instance. You may also contact the Information Commissioner’s Office at https://ico.org.uk/concerns/.