Staff & Applicant Privacy Notice
1. What is the purpose of this document?
1.1. On the EDGE Conservation (“On the EDGE”, “we”, or “us”) is committed to protecting the privacy and security of your personal information.
1.2. This Notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with data protection legislation.
1.3. This Notice applies to personal information we process about all current and former employees, workers and contractors. This Notice does not form part of any contract of employment or services contract.
1.4. On the EDGE is a "controller" of your personal information. 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 notice.
1.5. It is important that you read this Notice so that you are aware of how and why we are using your personal information and what your rights are under data protection legislation. Please read this notice carefully to understand how we will collect, use and store your personal information.
2. The personal information we hold about you
2.1 Personal information is information about an identifiable individual such as name, contact details and salary information. It does not include data where the identity has been removed (anonymous data).
2.2. There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation. This is known as special category data under data protection law. Information about criminal convictions also warrants this higher level of protection.
2.3. We will collect, store, and use the following categories of personal information about you including (but not limited to):
Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
Date of birth and 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 and, if different, the date of your continuous employment.
Leaving date and your reason for leaving.
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, holidays, training records and professional memberships).
Compensation history.
Performance information.
Disciplinary and grievance information.
Information about your use of our information and communications systems.
Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.
2.4. We may also collect, store and use the following special categories of 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, including:
where you leave employment and under any share plan operated by a group company the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision;
details of any absences (other than holidays) from work including time on statutory parental leave and sick leave;
where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes; and
Information about criminal convictions and offences.
3. How is your personal information collected?
We collect personal information about employees, workers and contractors through the application and recruitment process, either directly from you 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 or other background check agencies.
We will collect additional personal information in the course of job-related activities throughout the period of you working for us. For instance, we may collect personal information about your use of our IT and communications systems.
4. Our lawful bases for using your personal information
4.1. We will only use your personal information when the law allows us to (i.e. where we have a ‘lawful basis’). Most commonly, we will use your personal information in the following circumstances:Where we need to perform the contract we have entered into with you.
Where we need to comply with a legal obligation.
Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests. For instance, we have a legitimate interest in processing personal information concerning the performance management of our staff.
When necessary due to obligations or rights under employment law.
In limited circumstances, when we have obtained your consent.
4.2. We may also use your personal information in the following situations, which are likely to be rare:
Where we need to protect your interests (or someone else's interests).
Where it is needed in the public interest.
5. Purposes for which we use your personal information
5.1. We need your personal information 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, 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.
Determining whether your engagement is deemed employment for the purposes of Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) and providing you with a status determination statement in accordance with the applicable provisions of ITEPA 2003.
Checking you are legally entitled to work in the UK.
Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).
Providing employment related benefits to you.
Liaising with any provider of employee benefits;
Liaising with any provide of employee training, including HR consultants;
Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.
Administering the contract we have entered into with you.
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 IT policies.
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
Equal opportunities monitoring.
6. If you fail to provide personal information
If you fail to provide certain personal 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 our workers).
7. Change of purpose
7.1. 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.
7.2. 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.
8. How we use special category data
8.1. Special category data, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, requires higher levels of protection. We may process special categories of personal data in the following circumstances:
In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations or exercise rights in connection with employment.
Where it is needed in the public interest, such as for equal opportunities monitoring.
Where it is necessary to protect you or another person from harm.
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.
9. Situations in which we will use your special category data
9.1. In general, we will not process your special category data unless it is necessary for performing or exercising obligations or rights in connection with employment. The situations in which we will process your special category data are listed below.
We will use information about your health to ensure yours and others’ 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 including statutory maternity pay, statutory sick pay, and pensions;
If we reasonably believe that you or another person are at risk of harm and the processing is necessary to protect you or them from physical, mental or emotional harm or to protect physical, mental or emotional well-being;
We will 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.
9.2. We do not need your consent if we use special categories of 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.
9.3. We do not need your consent where the purpose of the processing is to protect you or another person from harm or to protect your well-being and if we reasonably believe that you need care and support, are at risk of harm and are unable to protect yourself.
10. 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 and provided we do so in line with data protection legislation.
11. Automated decision-making
11.1. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
11.2. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
12. Data sharing
12.1. We may share your personal information with third parties, including third-party service providers. We require third parties to respect the security of your personal information and to treat it in accordance with the law.
12.2. Why might we share your personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer our working relationship with you or where we have another legitimate interest in doing so.
12.3. What about other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the organisation. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal information with the other parties if and to the extent required under the terms of the transaction.
We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC.
We may also share your personal information with our professional advisors or where necessary to protect our interests or a third party’s interests.
13. International data transfers
We do not currently transfer personal information we hold to a country outside the UK. If we do so, we will take steps to ensure that your personal information is protected in accordance with appropriate safeguards, especially where the recipient country is not considered to be adequate under UK law. In particular, we will rely on the appropriate safeguards under data protection legislation, such as standard contractual clauses approved by the UK Government to protect your personal information.
14. Data security
To protect your privacy we will make sure your personal information is kept securely and disclosed only to relevant organisations or representatives who need to access it to perform their roles. While we seek to use appropriate organisational, technical and administrative measures to protect personal information within our organisation, unfortunately no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that the personal data we hold about you is no longer secure, please immediately notify us in accordance with the “Contact us” section below.
15. Data retention
15.1. We will only retain your personal information for as long as is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. The criteria we use to determine the retention period of personal information are: (i) the respective statutory retention period; (ii) our relationship with you; (iii) (potential) disputes; and (iv) any guidelines issued by relevant regulators. After expiration of that period, the relevant information is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract, the initiation of a contract or to protect or defend our position or that of a third party.
15.2. If you have any questions about our retention periods, please contact us using the details in the “Contact us” section below.
16. Please 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.
17. Your rights
17.1. Under certain privacy laws, you have rights relating to your personal information. You may have a right to the following:
to request access to the personal information we hold about you;
to request that we rectify or erase your personal information;
to request that we restrict the processing of your personal information;
to object to our processing of your personal information in certain circumstances;
under certain circumstances, to ask us to port personal information about you that you have provided to us to you or to a third party; and
where we previously obtained your consent, to withdraw consent to processing your personal information.
17.3. If you want to exercise any of the above rights, please contact the representative listed below. Please be aware that we may be unable to provide these rights to you under certain circumstances, for example if we are legally prevented from doing so or can rely on exemptions.
18. Complaints
If you are unhappy with the way in which we have handled your personal information, please contact us using the details below. You are also entitled to make a complaint to the Information Commissioner's Office at ico.org.uk/make-a-complaint/. We always appreciate the opportunity to discuss complaints with you before you feel it is necessary to approach the Information Commissioner's Office.
19. Changes to this notice
We reserve the right to update this notice at any time, and we will provide you with a new 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.
20. Contact Us
If you have any questions or concerns about this Privacy Notice or the way in which we handle your personal information, please email our Privacy Officer at office@ontheedge.org.
You can also contact us at the following address:
152a Walton St
Chelsea
London
United Kingdom
SW3 2JJ
Last updated
9/6/2023
