This privacy notice is for people who have applied, or are considering applying, for a job as an employee, worker, contractor or volunteer at our organisation.

Malling Health Limited is a Controller of personal data and this Job Applicant Privacy Notice describes how we collect and use your personal data for the purposes of the recruitment and onboarding process, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation (GDPR).

A Staff Privacy Notice will be made available for applicants who successfully complete our recruitment process.

Our recruitment process includes partnering with trusted agencies with whom we have an existing relationship and who understand our values. Applications are generally received through our website or via NHS Jobs and are evaluated against the role requirements.  If we decide to call you for an interview we will use the information you have given us at the interview to decide whether to offer you the role.  If the role is offered by us and accepted by you we will take up references and, where relevant, carry out a Disclosure and Barring Service (DBS) check and occupational health screening before confirming your appointment. If you are unable to provide the information we require, such as evidence of qualifications, work history, relevant references and right to work documentation, we will not be able to process your application successfully.

The kind of information we hold about you

In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:

• The information you have provided to us in your curriculum vitae and covering letter.
• The information you have provided on our application form, including (but not limited to) name, title, address, telephone number, personal email address, date of birth, gender, employment history, and qualifications, if provided.
• Any information you provide to us during an interview.

We may also collect, store and use the following types of more sensitive personal information:

• Information about your health, including any medical condition, health and sickness records.
• Information about criminal convictions and offences.

If you have been offered a role with us, as part of our onboarding process we will also collect, store, and use the additional categories of personal information about you:

• Your name, address, personal e-mail address, telephone number(s), date of birth.
• Details of your qualifications, skills, experience and employment history, including start and end dates with previous organisations.
• Documentation confirming your right to work in the UK.
• Criminal convictions and offences (including alleged offences) as detailed in a criminal record check. This may include details of criminal proceedings, outcomes and sentences. (Applies only to roles where a criminal record check is a condition of employment).
• References (received from third parties).
• Data about any medical or health conditions you may have that may impact on your fitness for the role or require reasonable adjustments.
• Details of your next of kin.
• Data which has the potential to indicate your ethnic origin.
• A copy of your offer letter, your contract of employment and job description.

Lawful basis for processing your personal data

The lawful basis for processing your data is based on legitimate interests.  It is in our legitimate interests to decide whether to appoint you to the role or provide you with work since it would be beneficial to our business to appoint someone to that role or work.  We need to process your data to decide whether to enter into a contract of employment or work with you.

How is your personal information collected?

We collect personal information about applicants from the following sources:

• You, the applicant.
• Other recruitment agencies and applicant resources where applicable;
• Disclosure and Barring Service in respect of criminal convictions;
• Your named referees and previous employers;
• Data from third parties that is from a publicly accessible source, such as proof of professional registrations where applicable.

How we will use information about you

We will use the personal information we collect about you to:

• Assess your skills, qualifications, and suitability for the role.
• Carry out background and reference checks, where applicable.
• Communicate with you about the recruitment process.
• Keep records related to our hiring processes.
• Comply with legal or regulatory requirements.

How we use particularly sensitive personal information

We will use your particularly sensitive personal information in the following ways:

• We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview.
• 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.

Information about criminal convictions

It may be necessary to process information about criminal convictions.  We will collect information about your criminal convictions history when you are offered a role that requires a basic, standard or enhanced DBS check in accordance with Disclosure and Barring Service guidance. The purpose is to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role and for certain roles it is a statutory requirement.  We process data about criminal convictions and offences in accordance with data protection legislation.

Data sharing

We will only share your personal information with the third parties for the purposes of processing your application, such as another entity or practice within our group. 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.

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.  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

If you are not successful in your application, we will retain your personal information for a period of six months.  If we wish to retain your personal information on file, on the basis that a further suitable opportunity may arise in future, we will seek your explicit consent to retain your personal information for a fixed period on that basis.

Rights of access, correction, erasure, and restriction

Under certain circumstances, by law you have the right to:

• 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 processing it lawfully.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• 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.
• 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 processing it.
• Request the transfer of your personal information to another party. (Data portability only applies where the lawful basis for processing is consent or for the performance of a contract and processing is by automated means.)
• Automated decision-making: You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

If you wish to exercise any rights in relation to the personal information we hold please contact our HR department at 10th Floor, 1 City Approach, Albert St, Eccles M30 0BG or telephone 0203 745 5505.

Data protection officer

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 DPO at 10th Floor, 1 City Approach, Albert St, Eccles M30 0BG or telephone 0203 745 5505.

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, write to Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or telephone 0303 123 1113 (local rate call). https://ico.org.uk/