1.1 Key points:
(a) Cloud9 (Kingsley Hamilton Management Limited t/as) is committed to protecting the privacy and security of your personal information.
(b) 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).
(c) It applies to all employees, workers and freelance contractors.
1.2 In more detail:
(a) Cloud9 (Kingsley Hamilton Management Limited t/as) is a “data controller”. 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 privacy notice.
(b) This notice applies to current and former employees, workers and freelance contractors. This notice does not form part of any contract of employment or other contracts to provide services. We may update this notice at any time.
(c) It is important that you read this notice, 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.
2.1 We will comply with data protection law. This says that the personal information we hold about you must be:
(a) Used lawfully, fairly and in a transparent way.
(b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
(c) Relevant to the purposes we have told you about and limited only to those purposes.
(d) Accurate and kept up to date.
(e) Kept only as long as necessary for the purposes we have told you about.
(f) Kept securely.
3.1 Key points:
(a) Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
(b) There are “special categories” of more sensitive personal data which require a higher level of protection.
3.2 In more detail:
(a) We may collect, store, and use the following categories of personal information about you:
(b) We may also collect, store and use the following “special categories” of more sensitive personal information:
4.1 We typically collect personal information about employees, workers and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency/business, from online sources (such as LinkedIn), from CV databases, or from a background check provider. We may sometimes collect additional information from third parties including former employers/engagers, referees, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies or other background check agencies.
4.2 We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
5.1 Key points:
(a) We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
(b) We may also use your personal information in the following situations, which are likely to be rare:
5.2 Situations in which we will use your personal information
(a) We need all the categories of information in the list above (see The kind of information we hold about you) 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 of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
(b) Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
5.3 If you fail to provide personal information
(a) 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 our workers).
5.4 Change of purpose
(a) 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.
(b) 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.
6.1 Key points:
(a) ”Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
(b) 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. We may also process such information about employees, workers and contactors or former employees, workers and contactors in the course of legitimate business activities with the appropriate safeguards.
6.2 Our obligations
(a) We may be required to use your particularly sensitive personal information in the following ways:
6.3 Do we need your consent?
(a) 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.
7.1 Key points:
(a) 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 our data protection policy.
(b) Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary 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.
(c) We may also process such information about employees, workers and contactors or former employees, workers and contactors in the course of legitimate business activities with the appropriate safeguards.
7.2 In more detail:
(a) We envisage that we may hold information about criminal convictions.
(b) We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us.
8.1 Key points:
(a) Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
(b) In more detail:
9.1 Key Points:
(a) We may have to share your data with third parties, including third-party service providers and other entities in the group.
(b) We require third parties to respect the security of your data and to treat it in accordance with the law.
(c) We may transfer your personal information outside the EU.
(d) If we do, you can expect a similar degree of protection in respect of your personal information.
9.2 Why might you share my personal information with third parties?
(a) We may share your personal information with third parties
9.3 Which third-party service providers process my personal information?
(a) ”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. Kingsley Hamilton Lifestyle is powered by the third-party service provider P&MM (part of the Sodexo family) to carry out benefits provision and administration.
9.4 How secure is my information with third-party service providers and other entities in our group?
(a) 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.
9.5 When might you share my personal information with other entities in the group?
(a) We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
9.6 What about other third parties?
(a) We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
9.7 Transferring information outside the EU
(a) With your explicit consent (for example in connection with a specific application for work), we may also transfer personal information we collect about you to other countries outside the EU, regardless of the possible risks of such transfer for you due to the absence of an adequacy decision and appropriate safeguards.
10.1 Key points:
(a) We have put in place measures to protect the security of your information. Details of these measures are available upon request.
(b) Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
10.2 In more detail:
(a) 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 the Data Compliance Manager.
(b) 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.
11.1 How long will you use my information for?
(a) 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 available in our retention policy which is available from [the Data Compliance Manager. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Where we may be considered to be an employment business, we are required by law to retain candidates’ personal data for at least one year after we last provided services to them.
(b) 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. Once you are no longer an employee, worker or contractor of the company we will retain and in due course securely destroy your personal information in accordance with our data retention policy.
12.1 Your duty to inform us of changes
(a) 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.
12.2 Your rights in connection with personal information
(a) Under certain circumstances, by law you have the right to:
(b) 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 Compliance Manager in writing.
12.3 No fee usually required
(a) 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 clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
12.4 What we may need from you
(a) 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.
13.1 In the limited 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 Data Compliance Manager. 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.
14.1 We have appointed a Data Compliance Manager, Maria Markopoulou 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 Maria at firstname.lastname@example.org. 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.
15.1 This privacy notice is not contractual; 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.
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You may be able to configure your browser or our website, application or service to restrict cookies or block all cookies if you wish, however, if you disable cookies you may find this affects your ability to use certain parts of our website, applications or services. For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies, see the www.allaboutcookies.org website.
Other sites and social media
Our websites, applications or services may enable you to share information with social media sites. Those social media sites may automatically provide us with access to certain personal information retained by them about you (for example any content you have viewed). You should be able to manage your privacy settings from within your own third party social media account(s) to manage what personal information you enable us to access from that account.