tel:
01983 530458

Charmes Care Privacy Notice – Employees.

What is the purpose of this document?

Charmes care is committed to protecting the privacy and security of your personal information. We are a data controller. This means we are responsible for deciding how we hold and use personal information about you. This notice explains to you what decisions we have taken in relation to that 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 Regulation (GDPR). We encourage you to read this notice carefully, 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. It applies to all employees, volunteers, and contractors.

We have appointed a Data Protection Officer (DPO) 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 Data Protection Officer at the address above.

As a data controller, we are responsible for deciding how we hold and use personal information about you. This notice explains to you what decisions we have taken in relation to thatinformation.

General Data protection principles

In collecting and processing your personal information, we will comply with the data protection law in force at the time. This requires that the personal information we hold about you must be:

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

The kind of information we hold about you

We will collect, store, and use a variety of categories of personal information about you. Those categories are detailed in the Schedule to this notice.

We may also collect, store and use “special categories” of more sensitive personal information, which are also detailed in the Schedule to this notice.

How is your personal information collected?

We collect personal information about our employees 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 and/or other background credit agencies and the Disclosure and Barring Service.

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 and as detailed in the Schedule to this notice.

Situations in which we will use your personal information

There are a variety of situations in which we will use the information we collect about you and these are detailed in the Schedule to this notice. The information in the Schedule includes the use we make of particularly sensitive personal information, such as information about your physical or mental health and criminal recordsinformation.

Where we use your personal information to pursue the legitimate interests of the business, we will only do so provided your interests and fundamental rights do not override those interests.

Some of the above grounds for processing will overlap and there may be several grounds which 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 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 ourworkers).

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.

Do we need your consent to use particularly sensitive information?

We do not need your consent if we use 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.

Why might you share my personal information with third parties?

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 thelaw.

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.

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.

Any third parties with whom we might share your personal information and the basis on which we do so are detailed in the Schedule to this notice.

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. Details of these measures may be obtained from theDPO.

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

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. Details of retention periods for different aspects of your personal information are set out in the Schedule to this notice.

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.

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, the law grants you specific rights. These are summarised below. Please note that your rights may be limited and subject to restrictions in certain situations:

  • 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 processingit.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about youcorrected.
  • 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 marketingpurposes.
  • 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 processingit.
  • Request the transfer of your personal information to anotherparty.

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 DPO.

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 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 any 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 DPO. 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.

Complaints to the ICO

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

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.

If you have any questions about this privacy notice, please contact the DPO at our office:

Charmes Care

Mill Court Business Centre

Furrlongs

Isle of Wight

PO30 2AA

Tel 01983 530458

Email: enquiries@charmes-care.co.uk

Schedule

Category of personal dataDisclosure recipientsPurpose of processingLegal basis of processingAssessment of employees'/volunteers' interestsTime limit for deletion

Contact/bank details (name, address, Tel email/bank account details/ Passport or driver licence number/NI number/photograph

Members of the organisation who supervise or are involved in the service provision and payroll functions/ pension providers/ Legal/HR advisors/ potential employers

To ensure correct and legal information under contract of employment and with legislative bodies such as HMRC.

To enable payment of salary/wages/NI/tax/ pension contributions/ expenses

Necessary for the performance of a contract to which the data subject is a party

Impact on data subject rights and freedoms is very low

Six years after employment ceases

Disciplinary and grievance records

Members of your organisation who may be involved in investigating and/or determining a grievance/disciplinary Legal/HR advisors/ potential employers

To ensure employees have access to effective recourse if they have any concerns about their employment

To take appropriate action in the event of any conduct or performance concerns

To maintain appropriate levels of conduct and performance

Necessary for the performance of a contract to which the data subject is a party

Necessary for the legitimate interests of the organisation

Impact on data subject rights and freedoms is very low

Processing is in data subject interests

Six years after employment ceases

Absence records (holiday and sickness)

Members of the organisation who supervise and/or may be involved in performance monitoring/payroll/ Legal/HR advisors/ potential employers

To take appropriate action in the event of any conduct or performance concerns

To maintain appropriate levels of conduct and performance

Necessary for the performance of a contract to which the data subject is a party.

Necessary for the legitimate interests of the organisation

Impact on data subject rights and freedoms is very low

Processing is in the data subject interests

Six years after employment ceases

Medical information

Members of your organisation who may be involved in managing absence Payroll provider Legal/HR advisors

To ensure employees'/volunteers' legal rights are met

To protect employees'/volunteers' health and safety

To take appropriate action in the event of any concerns about an employee's attendance and/or health

To plan staffing levels and any necessary absence cover

Necessary for the performance of a contract to which the data subject is a party

Necessary for compliance with a legal obligation

Necessary for the legitimate interests of the organisation

Impact on data subject rights and freedoms is very low

Processing is in data subject interests

Six years after employment ceases

Criminal Records Information

Members of the organisation who may be involved in recruitment and/or supervision of data subject//Legal/HR Advisors/Disclosure and Barring Service/ Police/Safeguarding Teams

To ensure legal rights are met

To protect clients/others involved in client care

To take appropriate action in the event of any concerns raised about an employee/volunteer

Necessary for the performance of a contract to which the data subject is a party

Necessary for compliance with a legal obligation

Necessary for the legitimate interests of the organisation

Impact on data subject rights and freedoms is low

Six years after employment ceases

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