DATA PRIVACY NOTICE (Issue Date: February 2021)
Trading Post Coffee Roasters (Sussex) Ltd and Beachfront Leisure Ltd strongly believes in protecting the privacy of the personal data you provide us. We also believe that it is important to inform you about how we will use your data. This document explains how we may process your personal data and any special category data and the rights you have in this respect. Therefore, we strongly encourage you to read this Data Privacy Notice carefully.
Your information will be held by Trading Post Coffee Roasters (Sussex) Ltd and Beachfront Leisure Ltd (“Trading Post”, “Beachfront”, the “Company”, “we”, “us”, “our”).
Your personal information will be held securely by us so that we and any of our external service providers can look after your employment relationships with us. This will include information you provided when you applied to Trading Post or Beachfront, and any additional information provided by you in various ways during your employment with us.
Data Protection Principles
We will comply with data protection law, which says that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
What information do we collect from you?
We collect and process a range of information about you. This includes:
- your name, address and contact details, including email address and telephone number, date of birth and gender;
- identification documentation (birth certificate, passport and/or visa) including a proof of your national insurance number;
- driving licence details;
- the terms and conditions of your employment;
- details of your qualifications, skills, experience and employment history, including start and end dates with previous employers and with the Company;
- information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
- details of your bank account and national insurance number;
- information about your marital status, next of kin, dependants and emergency contacts;
- information about your nationality and entitlement to work in the UK;
- details of your schedule (days of work and working hours) and attendance at work;
- details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
- details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
- assessments of your performance, including appraisals, performance reviews and ratings, performance improvement plans and related correspondence;
- information relating to health and safety, including risk assessments and information relating to accidents;
- employee photos for identification purposes; and
- CCTV footage.
In addition, some data is referred to as special category personal data. This means personal data comprising information relating to:
- race or ethnic origin;
- political opinions;
- Trade Union membership;
- religious or other beliefs;
- physical or mental health or condition;
- sexual life;
- genetic or biometric data; and/or
- criminal offences both committed and alleged.
We may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of or during employment; from correspondence with you; or through interviews, meetings or other assessments.
In some cases, we may collect personal data about you from third parties, such as references supplied by former employers. We seek information from third parties with your consent only.
Data will be stored in a range of different places, including in your personnel file, in our HR management systems, in other IT systems (including our email system) and on the internal HR Drive which has restricted access.
Why do we process personal data?
We need to process data to enter into an employment contract with you and to meet our obligations under your Contract of Employment. For example, we need to process your data to provide you with a Contract of Employment, to pay you in accordance with your Contract of Employment and to administer benefit, pension and insurance entitlements.
In some cases, we need to process data to ensure that we are complying with our legal obligations. For example, it is required to check an employee's entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled.
In other cases, we have a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows us to:
- run recruitment and promotion processes;
- maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights;
- operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
- operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
- operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which they are entitled;
- obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled;
- operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the organisation complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled;
- ensure effective general HR and business administration;
- provide references on request for current or former employees; and
- respond to and defend against legal claims.
In some circumstances, we may have to hold, and process, special category data about you. This will be for example, information about your physical or mental health in order to monitor sick leave and make decisions about your fitness for work and your racial or ethnic origin, or religious or similar beliefs, in order to monitor compliance with equal opportunities legislation.
In addition, there may be limited situations where we process information relating to your criminal record. This may include for example, undertaking criminal records and/or DBS checks against employees. Where we undertake criminal records and/or DBS checks it will only be because the role you are working in requires us to do so. We will not retain information relating to any specific allegations or convictions of any employee.
In both of these circumstances the lawful basis for processing is slightly different. When processing this special category personal data, including criminal record information, we will rely upon the lawful bases of ‘Consent’ (only for medical information that you voluntarily provide to us), ‘Legal Obligations’ and ‘Vital Interests’.
Who has access to data?
Your information may be shared internally with Payroll, your Line Manager, Area Manager, Operations Manager, Managing Director, managers in the business area in which you work, the Finance Department, Health and Safety, IT and other staff if access to the data is necessary for performance of their roles.
We share your data with third parties that process data on our behalf such as in order to obtain pre-employment references from other employers, for confidential scanning purposes, for the provision of benefits and the provision of occupational health services, HR and training services, PR, accountancy and legal services. We may also share your data with third parties in the context of a sale of some or all of our business. In these circumstances the data will be subject to confidentiality arrangements.
We will not transfer your data to countries outside the European Economic Area.
How long will we hold your data?
We will hold your personal data for the duration of your employment. The periods for which your data is held after the end of employment are detailed below:
How will we secure your data?
We take the security of your data seriously. We have internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.
Where we engage third parties to process personal data on our behalf, we do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and company measures to ensure the security of data.
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request. This is commonly known as a “data subject access request” and enables you to receive a copy of the personal information we hold about you and to check that the we are lawfully processing it;
- require the company to change incorrect or incomplete data;
- require the company to delete or remove your data where there is no good reason for the company to continue processing it. You also have the right to ask the company to delete or remove your personal information where you have exercised your right to object (see below);
- object to the processing of your data where the company is relying on its legitimate interests as the legal ground for processing and there is something about your particular situation which makes you want to object to processing on this ground. Legitimate Interest means the interest of the company’s business in conducting and managing its business to enable it to give you the best service/product; and
- request the transfer of your data to another party
You also have the right to be informed about how your data will be collected, processed and stored. We are meeting this obligation by providing you with this privacy notice but, if you do not feel that the notice is clear or comprehensive enough you are welcome to contact us and we will do our best to explain how your data is handled by us.
If you would like to exercise any of these rights, please contact our Data Protection Office by calling our Support Office number: 01273 818527.
If you believe that we have not complied with your data protection rights, you can discuss this with the Company’s Data Protections Contact (see contact details above) or complain to the Information Commissioners Office which enforces data protection laws: https://ico.org.uk/.
What if you do not provide personal data?
You have some obligations under your Contract of Employment to provide us with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide us with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.
Certain information, such as contact details, your right to work in the UK and payment details, have to be provided to enable us to enter a Contract of Employment with you. If you do not provide other information, this will hinder our ability to administer the rights and obligations arising as a result of the employment relationship efficiently.
This Privacy Notice may be adjusted from time to time. We reserve the right to modify or amend this Privacy Notice at any time. The effective date of this Privacy Notice is displayed at the beginning of this notice. Please check back periodically, and especially before you provide any personally identifiable information.