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Privacy Notice for Job Applicants

Document Purpose

Humphries Kirk LLP is committed to being transparent about how it handles your personal information, to protect the privacy and security of your personal information and to meet its data protection obligations under the Data Protection Act 2018. The purpose of this document is to make you aware of how and why we will collect and use your personal information as a job applicant when applying for employment with the Firm. We are required to give you this Privacy Notice.

This Privacy Notice only applies to the personal data of job applicants. It does not apply to the Firm’s employees, contractors or clients, or other personal data that we collect for other purposes.

In this Privacy Notice, “personal data” means information that relates to and identifies job applicants who have applied to the Firm either directly or via other means such as professional recruitment agencies or online resourcing portals (e.g. Indeed, LinkedIn etc.).

Data controller details
Humphries Kirk LLP (“the Firm”, “we”, “us” or “our”) is the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details:
Humphries Kirk LLP
DPO: Ms M Knight
Email address: dpo@hklaw.eu

Postal address: Glebe House North St, Wareham, Dorset BH20 4AN
Telephone number: 01929 552141

1. Data protection principles

There are six data protection principles with which the Firm must comply. These provide that the personal information we hold about you must be:

  1. used fairly, lawfully and transparently;
  2. used for specified, explicit purposes;
  3. used in a way that is adequate, relevant and limited to only what is necessary;
  4. accurate and, where necessary, kept up to date;
  5. kept for no longer than is necessary;
  6. handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage.

The Firm is responsible for, and must be able to demonstrate compliance with, these principles.

2. What types of personal information do we collect about you?

Personal information 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 personal identifying particulars have been removed. There are also “special categories” of personal information, and personal information on criminal convictions and offences, which require a higher level of protection because it is of a more sensitive nature.

The Firm usually collects and process personal data directly from you when you approach us with regards to employment opportunities.  This includes (as applicable):

  • your name, home address, email address and telephone number/s;
  • your work and educational history;
  • your skills and achievements;
  • your results from any assessments that you undertake during the recruitment process;
  • information to prove that you have a right to work in the UK (i.e. passport or birth certificate and national insurance number);
  • information about your current salary level and benefits;
  • copy qualification certificates;
  • your professional memberships;
  • any correspondence with the Solicitors Regulation Authority (SRA) including  records of any dispensation or disciplinary action proposed or awarded;
  • copy driving licence;
  • your photograph;
  • information about whether you have a disability in respect of which the Firm needs to make reasonable adjustments in relation to the recruitment process (special category);
  • information about your racial or ethnic origin, religious or philosophical beliefs and sexual orientation – for the purpose of equal opportunities monitoring  (special category);
  • information about criminal convictions and offences (special category).

3. How do we collect your personal information?

We generally collect this information from your CV that has been sent to us (either directly or via a third party) and from the application form that is completed by you directly.  We may also collect personal data about you from the SRA and third parties, such as professional recruitment firms, online job boards and previous employers (for referencing purposes).  Additionally, your personal information may be collected by the Firm’s Partners, HR Department and Managers by whom you have been interviewed and/or with whom you have corresponded during the recruitment process.  Other details may be collected at interview stage in the form of official documentation (such as your passport or other evidence of your right to work in the UK).

In the event that you accept an offer of employment we may collect personal information from the SRA and third parties, such as references from former employers, employment agencies, background check providers, credit reference agencies and criminal record checks from the Disclosure and Barring Service.

Your personal information may be stored as paper records and/or electronically.

4. Why and how do we use your personal information?

We will only use your personal information when the law allows us to. We will use your personal information in one or more of the following circumstances:

  • when necessary prior to entering into an employment contract with you;
  • where we need to comply with a legal obligation or enforce our rights;
  • where it is necessary for our legitimate interests (or those of a third party), and your interests or your fundamental rights and freedoms do not override our interests;
  • to comply with requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.

In relation to our recruitment processes, we collect and use your personal data for legitimate business reasons including:

  • to assess your suitability for employment;
  • to comply with the duty to make reasonable adjustments for disabled applicants;
  • to obtain references from your previous employers;
  • to monitor recruitment activities within the Firm;
  • to make decisions regarding employment offers (e.g. salary level, equality and diversity);
  • to monitor equal opportunities;
  • to comply with statutory and/or regulatory requirements and obligations, e.g. carrying out criminal record checks;
  • to ensure adherence to the Firm’s systems, policies and procedures;
  • to meet our obligations under health and safety laws.

5. What if you fail to provide personal information?
You are not required to provide any requested information to us, but failing to do so may result in the Firm not being able to consider your application or employment.

6. Change of purpose
We will only use your personal information for the purposes for which we collected it. If we need to use your personal information for a purpose other than that for which it was collected, we will provide you, prior to that further processing, with information about the new purpose, we will explain the legal basis which allows us to process your personal information for the new purpose and we will provide you with any relevant further information. We may also issue a new privacy notice to you.

7. Who has access to your personal information?
Your personal information may be shared internally within the Firm, including with members of the HR department, Partners, and Managers in the Firm.  Individuals performing administrative and IT activities within the Firm may also have limited access to your personal data in order for them to undertake their role.

The Firm may also share your personal data with third party service providers who assist in the recruitment process as well as administering and evaluating, screening and testing.  This will be where we need to comply with a legal obligation, or where it is necessary for our legitimate interests (or those of a third party).

We may also need to share your personal information with a regulator or to otherwise comply with the law.

8. How does the Firm protect your personal information?

The Firm has put in place measures to protect the security of your personal information. It has internal policies, procedures, systems and controls in place to try and prevent your personal information from being accidentally lost or destroyed, altered, disclosed or used or accessed in an unauthorised way. In addition, we limit access to your personal information to those Partners, Managers employees, and others who have a business need to know in order to perform their job duties and responsibilities.

Where your personal information is processed by third-party service providers, we require them to take appropriate technical and organisational security measures to protect your personal information and to treat it subject to a duty of confidentiality and in accordance with data protection law. We only allow them to process your personal information for specified purposes and in accordance with our written instructions and we do not allow them to use your personal information for their own purposes.

The Firm also has in place procedures to deal with a suspected data security breach and we will notify the Information Commissioner’s Office (or any other applicable supervisory authority or regulator) and you of a suspected breach where we are legally required to do so.

9. For how long does the Firm keep your personal information?

If you accept an offer of employment from us, any relevant personal data collected during the pre-employment period will be held in your personnel file (in both electronic and paper format). The Firm has a separate data protection standard relating to its Partners, employees, workers and contractors.

If we do not offer you employment, we will continue to retain and use your personal data for a period of 12 months in order to consider you for potential future roles, unless you specifically make a request for your data to be destroyed (please see ‘Your rights’ section below)

10. Your rights in connection with your personal information

Subject to certain conditions, and in certain circumstances, you have the right to:

  • request access to your personal information.  
  • request rectification of your personal information ;
  • request the erasure of your personal information;
  • restrict the processing of your personal information;
  • object to the processing of your personal information;
  • request the transfer of your personal information to another party.

If you wish to exercise any of these rights, please contact our DPO. We may need to request specific information from you in order to verify your identity and check your right to access the personal information or to exercise any of your other rights. This is a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it.

If you believe that the Firm has not complied with your data protection rights, you have the right to make a complaint to the Information Commissioner’s Office at any time.

11. Transferring personal information outside the European Economic Area

The Firm may transfer your personal information to countries outside the European Economic Area.

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 employment decisions will be taken about you based solely on automated decision making, including profiling.

13. Changes to this Privacy Notice

The Firm reserves the right to update or amend this Privacy Notice at any time, including where the Firm intends to further process your personal information for a purpose other than that for which the personal information was collected or where we intend to process new types of personal information. Where we make significant updates or amendments to this Privacy Notice we will issue a revised notice. We may also notify you about the processing of your personal information in other ways.

By submitting your personal data to us, you acknowledge that:

  • you have read and understood this Privacy Notice and agree to the use of your personal data as set out within this document;
  • to the best of your knowledge and belief, all representations within your application are true and correct, and you have not knowingly omitted any related information of an adverse nature. Please note that providing any incorrect or falsified information, or omitting information may make you ineligible for employment with the Firm; and
  • this Privacy Notice does not form part of any contract of employment offered to candidates by the Firm.

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