Creative ITC Recruitment Privacy Notice

1. Introduction

We are Creative Network Consulting Limited, registered in England & Wales, with company number 07695745 and with registered office at Birchin Court, 20 Birchin Lane, London, England, EC3V 9DU.

This Privacy Notice sets out the basis on which we may collect, use, disclose and/or otherwise process your personal data in connection with our recruitment processes. It also sets out your rights as an individual. Please read this Privacy Notice carefully, as it sets out how we use your personal data and the rights you have relating to that use.

Creative Network Consulting Limited is the “controller” of your personal data, which means we are responsible for your personal data and determining how it is used. In this Privacy Notice, Creative Network Consulting Limited is collectively referred to as “Creative ITC”, “we”, “us” or “our”.

This Privacy Notice pertains exclusively to the personal data of individuals applying for or being considered for employment opportunities with Creative ITC, as well as contractors seeking engagement with the company. It is not part of any employment contract or offer.

Creative ITC may update this Privacy Notice at any time to reflect changes in how we process your personal data. If you are actively involved in the application process when such changes occur, we will notify you. For general updates, please review this Privacy Notice periodically.

If you have any questions about this Privacy Notice, please contact us by emailing dataprotection@creative-itc.com.

 

2. What is personal data?

Creative ITC will process your personal data solely in accordance with the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR) where applicable, and the Data Protection Act 2018 (DPA 2018), collectively known as the “Data Protection Laws.” These laws provide key definitions and guidelines, some of which are outlined below.

Personal data is any information about an individual from which that person can be directly or indirectly identified. It does not include anonymised data, i.e., where all identifying particulars have been removed.

Certain types of personal information, including special categories and data related to criminal convictions and offences, require enhanced protection due to their sensitive and private nature.

The special categories of personal data comprise information about an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic and biometric data.

 

3. How we collect your personal data:

Creative ITC will collect personal data directly from you in circumstances where you wish to apply for a position with us, whether this is online, through emails to us, through your passport or other identity documents, at a recruitment fair, collected through interviews, or otherwise.

There are also other occasions where instead of collecting personal data directly from you, we may learn about you through third parties such as recruitment agencies, where an employee recommends you, or from other sources such as LinkedIn (or other similar sites). If you are successful in your application, and agree to a role with us, we may also collect information about you from previous employers and/or academic institutions which you have attended, and we will inform you that we are doing so.

Where you have applied through a recruitment agency, please ensure that you read the privacy notice of any recruitment agencies and are fully aware of how they are processing your personal data.

You are under no statutory or contractual obligation to provide your personal data to Creative ITC during the recruitment process. However, if you fail to provide certain personal information when requested, we may not be able to process your job application properly or at all, we may not be able to enter into a contract with you, or we may be prevented from complying with our legal obligations. You may also be unable to exercise your statutory rights.

This Privacy Notice covers all recruitment activities, regardless of whether your personal data has been provided directly by you or obtained through a third party.

 

4. How we use your personal data

We process your personal data for various reasons, relying on the following legal bases for processing as set out below:

4.1.1 To comply with our legal obligations or exercise legal rights conferred upon us. This may include:

  • Checks for eligibility to work in the UK and checks as required by immigration laws, such as passport and visa documentation;
  • Formal identification documentation relating to you, such as a passport or driving licence, to verify your identity;
  • Disclosure and Barring Service (DBS) checks where we have a legal right or reason for doing so.

4.1.2 To pursue our legitimate interests as a business. This may include:

  • Your contact details, including your name, address, email address and telephone number, so that we can communicate with you in relation to the recruitment process;
  • Details of your qualifications, skills, experience and employment history, professional memberships and any other personal data included in your CV, covering letter or interview notes, in order that we can assess your suitability for the role you are applying for;
  • Information about your current level of remuneration, including benefits and pension entitlements, so that we can assess your suitability and determine whether a job offer may be made to you;
  • References, so that we can complete pre-employment checks;
  • CCTV footage of you if you visit our Milton Keynes office, necessary for security and health and safety reasons.

 

5. How we use your special category data

5.1 We also collect, store and use your special category personal data, relying on the legal bases for processing as set out below:

5.1.1 To enable us to perform our legal obligations in respect of employment, social security, social protection law, or needed in the public interest. This may include:

  • health information to assess and/or to comply with our obligations under the Equality Act 2010 (for example, a requirement to make reasonable adjustments to your working conditions).

5.1.2 For occupational health reasons or where we are assessing your working capability, subject to appropriate confidentiality safeguards. This may include:

  • information about your physical or mental health, or disability status, to assess whether any reasonable adjustments are required for you during the recruitment process, and, where you are successful in your role application, carrying out any medical assessment required for your role, pension and any insurance benefits.

5.1.3 To establish, defend or exercise legal claims in an employment tribunal or any other court of law.

 

6. Criminal convictions data

For specific roles, we are legally entitled to conduct Disclosure and Barring Service (DBS) checks. To perform these checks, we engage third-party providers (please refer to section 7 for more details).

 

7. Who we share your information with

We will share your personal data with Creative employees who have responsibility for recruitment, such as members of the HR team, and other parties directly involved in the recruitment process, for example the applicable Creative ITC hiring manager. Employees who access personal information are aware of their obligations to only process personal information in accordance with the Data Protection Laws.

Where you are successful in a job application, we may share your personal data with the reference contacts you’ve given us, so that we can obtain references and perform pre-employment checks.

As per section 6 of this Privacy Notice, depending on the nature of your role, we may share your personal data with third-party vetting providers in order for background checks to be carried out, which helps to ensure the safety and security of our workplace.

When we disclose your personal data to third parties, we only disclose to them any personal data that is necessary for them to provide their service. We have contracts in place with third parties in receipt of your personal data requiring them to keep your personal data secure and not to use it other than in accordance with our specific instructions.

 

8. Where your personal data is stored

We do not envisage that we will transfer your personal data outside of the UK or EEA (as applicable).

If we must transfer your data to countries which do not provide equivalent data protection standards, we will ensure that we have in place appropriate safeguards in accordance with the Data Protection Laws.

 

9. How your personal information is kept secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your personal information will do so only in an authorised manner and are subject to appropriate duties of confidentiality.

10. How long we keep your personal data

We keep the personal data that we obtain about you during the recruitment process for no longer than is necessary for the purposes for which it is processed. How long we keep your information will depend on whether your application is successful, the nature of the information concerned and the purposes for which it is processed.

If your application is not successful, we will keep your personal information for a maximum of six (6) months from the date on which we were last in contact with you. This is to ensure that we can re-engage with you should we change our mind within the six (6) month period regarding your application (if, for example, we decide we do want to offer you the job) or if an alternative suitable role arises within this time. We also keep it for this amount of time to ensure we’re able to resolve any issues or queries about the recruitment process which may arise.

Unless you are successful, all personal information which is held about you will be deleted or destroyed at the end of the 6-month period, and no record of your application will be held by us after then. For the avoidance of doubt, this includes all locally held personal information, in either soft or hard-copy form. We may delete your personal data before the 6-month period has ended if you have exercised your right to object to the processing and we have no other lawful basis to continue the processing.

If your application is successful, your personal data will be transferred to our HR department and processing will be subject to your employment contract and employment privacy notice (and the accompanying data retention schedule) or the supplier/contactor privacy notice (and the accompany data retention schedule) if you are a contractor.

 

11. Your rights

The Data Protection Laws give you certain rights in relation to the personal information which we hold about you. These are:

  • The right to be informed. This means that we must tell you how and why we use your personal information. The purpose of this Privacy Notice is to keep you informed.
  • The right of access. You have the right to access the personal information that we hold on you. To do so, you should make a subject access request. You normally will not have to pay a fee to access your personal data (or to exercise any of your other rights), however, if a request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee. Alternatively, in certain circumstances, we may refuse to comply with your request.
  • The right for any inaccuracies to be corrected. If any personal information that we hold about you is incomplete or inaccurate, you can require us to correct it. We may ask for confirmation from you that the updated information you provide is accurate and correct. It is important that the personal information we hold about you is accurate and current. Please keep us informed of any changes to your personal information which we hold about you.
  • The right to have information deleted. If you would like us to stop processing your personal information, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it. Please be aware that we may not be required to delete personal information, for example where we are required to keep the information by law. If we do not agree to delete your personal information, we will tell you as soon as possible after the deletion request is made.
  • The right to restrict the processing of the personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish its accuracy; (b) where our use of the personal information is unlawful but you do not want us to erase it; (c) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.
  • The right to portability. You may transfer the personal information that we hold on you for your own purposes. Where we have relied upon consent as a legal basis, we may be required to provide you with your personal information in an easily transferable format.
  • The right to object to the inclusion of any information. You have the right to object to our processing of your personal information where we are relying on a legitimate interest (or the legitimate interest of a third party) and there is something about your particular situation which makes you want to object to processing. An objection could be because you feel the processing impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • The right to regulate any automated decision-making and profiling of personal information. You have a right not to be subject to automated decision making that adversely affects your legal rights.
  • Where you have provided consent to enable our use of your personal information, you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop processing the personal information that you had previously given us consent to use.

 

12. Automated decision-making

Automated decision-making occurs when an electronic system uses your personal information to make a decision without human intervention. We do not envisage that any recruitment decisions will be taken about you based solely on automated decision-making, including profiling.

13. How you can contact us

If you have any questions about this Privacy Notice or data protection or privacy matters generally, or if you would like exercise any of your rights as set out in section 10 of this Privacy Notice, please contact Creative’s Data Protection Officer. The contact email address for the Data Protection Officer is: dataprotection@creative-itc.com. Alternatively, you can write to us as per the Creative ITC address set out in section 1 of this Privacy Notice.

 

14. Your right to complain

Whilst we hope that you will not need to, if you wish to make any complaint about how we handle personal information, you may contact our Data Protection Officer as above.

We would appreciate the chance to deal with your concerns before you approach the ICO, however where you are unsatisfied with the response of the Data Protection Officer or are unable to get your issue resolved, please be aware that you also have the right to complain to the relevant data protection Supervisory Authority – this is the UK Information Commissioner’s Office (ICO). You can contact the ICO as follows:

Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow, Cheshire SK9 5AF

Email: casework@ico.org.uk
Telephone: + 44 303 123 1113
Website: www.ico.org.uk

 

15. Status of Privacy Notice and changes

 This Privacy Notice is effective from August 2024. We may change it from time to time so please check regularly to keep informed of updates.
Last updated: 21/08/24