About This Privacy Notice
As an employer Orbis Education and Care Limited (“Orbis”, “we”, “our”, “us”) must meet its contractual, statutory and administrative obligations. This policy applies to everyone who applies for a role at Orbis and explains how and why we process personal information about the people who apply to work for us ("you") and your rights in relation to that information. Your personal data will be processed in accordance with our Data Protection Policy and this statement.
This privacy notice applies to everyone who applies to work for us regardless of whether they are looking to be engaged as employees, workers, contractors or agency staff, and whether they are permanent or temporary staff, whether full or part time. However, we are likely to process different and much more detailed information about prospective employees and workers than we will do about prospective contractors or temporary agency staff due to the different nature of our relationship with them in law.
This notice is designed to inform you about certain information. It does not indicate any intention to create legal relations or form part of any contract. We may amend this notice at any time to reflect any changes in the way in which we process your personal data. If you are in the application process when any changes or updates are made to this notice, we will bring any such changes to your attention as soon as is practicable. We may also notify you in other ways from time to time about the processing of your personal data.
Unless this policy specifically states otherwise, we are the data controller of personal information held about those who apply to work for us (although there may also be other organisations, such as recruitment agencies, which will be "processors" of your personal information).
Our contact details are:
Orbis Education & Care,
In this notice
2. Why we are collecting your data
3. The types of data we hold about you
4. How do we collect your data
5. Lawful basis for processing your personal data
6. Data Sharing
7. Transfers of your data overseas
8. Data Security
9. Retention Period
10. Your rights in relation to this processing
11. Complaints around the processing
12. What if you do not provide personal data
Where we refer in this notice to your ‘personal data’, we mean any recorded information that is about you and from which you can be identified, whether directly or indirectly. It does not include data where your identity has been removed (anonymous data).
Where we refer to the ‘processing’ of your personal data, we mean anything that we do with that information, including collection, use, storage, disclosure, deletion or retention.
2. Why Are We Collecting Your Data?
Orbis needs to collect your personal data so that we can deliver a recruitment process for new staff, contact applicants, process applications for vacancies and appoint suitable applicants.
We’ll use all the information you provide during the recruitment process to progress your application with a view to offering you an employment contract with us, or to fulfil legal or regulatory requirements if necessary.
We’ll use the contact details you give us to contact you to progress your application. We may also contact you to request your feedback about our recruitment process. We’ll use the other information you provide to assess your suitability for the role.
3. The Types of Data We Collect About You
We do not collect more information than we need to fulfil our stated purposes and will not keep it longer than necessary. As part of any recruitment process, we collect a range of information about you, this includes:
- Your name, address and contact details, including email address and telephone number.
- Details of your qualifications, skills, experience and employment history
- Information about your current level of remuneration, including benefit entitlements
- Whether or not you have a disability for which we need to make reasonable adjustments during the recruitment process
- Information about your eligibility to work in the UK
- Job title and job duties with your current and/or former employers, including any other work you intend to continue with if you accepted work with us
- Reason for leaving previous employments and explanations for any periods not in employment
- Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, disability and religion or belief
As an equal opportunity employer, we process health information as we may need to make reasonable adjustments to the recruitment process for candidates who have a disability. This is to ensure that we are able to carry out our obligations and exercise specific rights in relation to employment. We also process other special categories of data, such as information about ethnic origin, for equal opportunity monitoring purposes.
To meet our safeguarding responsibilities, we are obliged to seek information about criminal convictions and offences. Where we seek this information, we do so because it is necessary for us to carry out our obligations and exercise specific rights in relation to employment.
4. How Do We Collect Your Data?
We may collect your information in a variety of ways. For example, directly from you, data contained in application forms, CVs or resumes, from your passport or other identity documents, or collected through interviews or other forms of assessment.
In some cases, we will collect data about you from third parties, such as employment agencies, Disclosure and Barring Service (DBS) to ensure the relevant safeguarding checks are completed, former employers when gathering references or credit reference agencies.
We will seek information from third parties only once a job offer has been made to you and will inform you that we are doing so. The only exception to this is if you are selected for interview and have provided us with your permission to contact your referees prior to a job offer being made then we will go ahead and contact your referees.
Data collected will be stored in a range of different places, including on your application record, within our recruitment applicant tracking system and our email system.
5. Lawful Basis For Processing Your Personal Data
Depending on the processing activity, we rely on the following lawful basis for processing your personal data under UK data protection legislation:
- It is necessary to perform a contract or to take steps at your request, before entering a contract; and/or
- It is necessary for us to comply with our legal obligations, for example, if you provide us with any information about reasonable adjustments you require under the Equality Act 2010; and/or
- It is necessary for our legitimate interests, both in conducting our business, and ensuring that we can manage our staff throughout the duration of their relationship with us and beyond; and/or
- It is necessary to protect your vital interests or those of another person.
5.1 Special Category Data and Criminal Conviction Data
Special category data and criminal conviction data require a higher level of protection. Where the information we process is special category data, for example your health, religious or ethnicity information, or information which relates to criminal convictions, the commission/alleged commission of criminal offences, or criminal proceedings, there are separately specified lawful reasons which we rely on. The additional bases for processing that we rely on are:
- It is necessary for carrying out our obligations and exercising our rights in employment and the safeguarding of your fundamental rights; and/or
- It is necessary for reasons of substantial public interest. UK law places our monitoring of diversity and equality of opportunity in this category providing certain safeguards are in place.
In addition, we rely on processing condition at Schedule 1 part 1 (1) of the DPA 2018 which again relates to processing for employment purposes.
Data about your criminal convictions history will only be collected if we would like to offer you the role, depending on whether the position requires it (conditional on checks and any other conditions, such as references, being satisfactory). We are required to carry out criminal records checks in order to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role. In particular:
- We are legally required by external review bodies and accreditation agencies to carry out criminal record checks for those carrying out certain roles
- Certain roles we recruit for are listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023)] and are also specified in the Police Act 1997 (Criminal Records) Regulations (SI 2002/233) so are eligible for an enhanced check, which may include barred list information, from the DBS
- Additional roles will require a high degree of trust and integrity and so we may ask you to seek a basic disclosure of your criminal records history from the DBS
6. Data Sharing
Your information may be shared internally within Orbis for the purposes of the recruitment process. This includes members of the recruitment team, interviewers involved in the recruitment process, and managers in the business area with a vacancy. We may also share your personal data with third parties on making a conditional offer of employment, and such sharing will be for the purposes of obtaining background checks as part of safer recruitment guidelines, pre-employment references and criminal records checks from the DBS.
We may also share your data with our group companies, for business performance and other types of monitoring and management purposes and, if you are applying for a senior management position with us, we may share your data with our investors. In addition, we may need to share your personal information with a regulator or otherwise to comply with the law.
We will not share any of the information you provide with any third parties for marketing purposes without your consent.
7. Transfers of Your Data Overseas
We don’t routinely transfer applicant personal data overseas but when this is necessary, for example we are engaged with a third-party provider; and they, and/or a sub processor engaged by them, results in your information being transferred outside the UK, or we engage with a cloud-based service provider that operates outside the UK meaning personal data can be sent to other jurisdictions. We ensure we have the appropriate safeguards in place to protect your information.
To the extent that your personal data is transferred outside the UK, such transfers will only take place if one of the following applies:
- The country receiving the data is considered by the UK to provide an adequate level of data protection
- The organisation receiving the data is covered by a contractual arrangement recognised by the UK as providing an adequate standard of data protection
- The transfer is governed by approved contractual clauses
- The transfer has your consent
- The transfer is necessary for the performance of a contract with you or to take steps requested by you prior to entering into that contract
- The transfer is necessary for the performance of a contract with another person, which is in your interests
- The transfer is necessary for the exercise of legal claims
- The transfer is necessary for important reasons of public interest
8. Data Security
We take the security of your data very seriously, whether it is electronic or in paper form. We have internal policies and controls in place, and use appropriate technical, organisational and administrative security measures to protect any information we hold from loss, misuse, unauthorised access or disclosure, and is not accessed except by employees or organisations acting on our behalf in the performance of their duties.
Some of your personal data, in paper form, may be held with our off-site storage contractor, and information held electronically within our IT systems we use to manage our recruitment process, including our recruitment applicant tracking system operated by a third party. Where we engage with third parties to process personal data on our behalf, they do so based on written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
9. Retention Period
We will retain your personal data for as long as we need it to fulfil our purposes, and this will depend on whether you are successful or not in obtaining employment with us.
If your application for employment is successful, your personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. We have a separate privacy notice for employees, which will be provided to you.
If your application for employment is unsuccessful, we will retain your information for a period of twelve months after the end of the recruitment process to the extent necessary to enable the Company to comply with any legal obligations or for the exercise or defence of legal claims (subject to any applicable legal or regulatory obligations to retain such information for a longer period). At the end of this period, we will delete or destroy your personal data, unless you have provided your consent for us to retain your details in our talent pool.
It is likely that we will wish to retain your data within our talent pool for a further period of 6 months on the basis that a further opportunity may arise in future and we may wish to consider you for that. If we have sought your consent to keep your data on file for future job vacancies, and you have provided consent, we will proactively contact you should any further suitable vacancies arise during this time. You do not have to consent to this, and you can withdraw your consent at any time.
At the end of this period, we will delete or destroy your personal data in accordance with our data retention policy, unless you have already withdrawn your consent prior to this, in which case it will be deleted or destroyed upon your withdrawal of consent.
We retain de-personalised statistical information about applicants to help inform our recruitment activities, but no individuals are identifiable from that data.
10. Your Rights in Relation to This Processing
As an individual you have certain rights regarding our processing of your personal data, including a right to lodge a complaint with the Information Commissioners Office as the relevant supervisory authority. Under UK data protection legislation, you have a right to:
- Request access to your data (commonly known as a "subject access request")
- Request correction of your data
- Request erasure of your data
- Object to processing of your data
- Request the restriction of processing of your data
- Request the transfer of your data to another party
For the purpose of effective compliance with UK data protection, we consider that automated decision making (where a decision is taken about you using an electronic system without human involvement) is not engaged by us during our recruitment process.
11. Complaints Around the Processing
If you would like to exercise any of the rights described above or are dissatisfied with the way we use your personal data, please contact the Orbis Data Protection Officer at DPO@Orbis-Group.co.uk.
If you remain dissatisfied with our response, you can contact the UK regulator the Information Commissioner at:
Information Commissioner's Office
Tel: 0303 123 1113
Fax: 01625 524 510
12. What if You Do Not Provide Personal Data?
The information we ask for is used to assess your suitability for employment with us. Whilst you are under no obligation to provide what we ask for, we may not be able to process, or continue with your application if you do not.