The Company takes the security and privacy of data seriously and is committed to complying with its legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation, our duty of confidentiality.
This privacy notice supplements the other notices and is not intended to override them. We are required to notify you of this information under data protection legislation.
We are committed to complying with our data protection obligations, and to being concise, clear and transparent about how we obtain and use personal information or sensitive personal information and how (and when) we delete that information once it is no longer required.
We will review and update this notice regularly in accordance with our data protection obligations. We will circulate any new or modified policies or notices in relation to your data when it is adopted on our website. It is important that you read and understand this notice before you send us any data.
Hanne & Co Solicitors (the Company) obtains, keeps and uses information about you for a number of specific lawful purposes. The Company is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.
Your queries and complaints
We have appointed a data protection manager 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 our data protection manager using the details set out below.
N: David Taylor
T: 0207 228 0017
A: The Candle Factory, 112 York Road, London, SW11 3RS
We hope that our data protection manager can resolve any query or concern you raise about our use of your information. However, if you feel that we have failed to address your concerns appropriately, you can contact the Information Commissioner at ico.org.uk/concerns/or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint
This privacy notice comes into effect on the 25th May 2018.
This privacy notice aims to give you information on how the Company collects and processes your personal data when you apply for work with us (whether as an employee, worker, contractor, volunteer or intern). It makes you aware of how and why your personal data will be collected and used (namely for the purposes of the recruitment exercise) and how long it will usually be retained for. We are required to notify you of this information under data protection legislation.
This policy applies to all data, whether it is stored electronically, on paper or on other materials.
Data protection principles
When processing your data, the Company will comply with the following data protection principles when processing information we will:
- process personal information lawfully, fairly and in a transparent manner;
- collect personal information for specified, explicit and legitimate purposes only, and will not process it in a way that is incompatible with those legitimate purposes;
- only process the personal information that is adequate, relevant and necessary for the relevant purposes;
- keep accurate and up to date personal information, and take reasonable steps to ensure that inaccurate personal information is deleted or corrected without delay
- keep personal information in a form which permits identification of data subjects (you) for no longer than is necessary for the purposes for which the information is processed; and
- take appropriate technical and organisational measures to ensure that personal information is kept secure and protected against unauthorised or unlawful processing, and against accidental loss, destruction or damage.
How we define processing
The Company will process your personal data (including special categories of personal data and your criminal offence data) in accordance with our obligations under the 2018 Act
‘Processing’ means any operation which is performed on personal data such as:
- collection, recording, organisation, structuring or storage;
- adaption or alteration;
- retrieval, consultation or use;
- disclosure by transmission, dissemination or otherwise making available;
- alignment or combination; and
- restriction, destruction or erasure.
- this includes processing personal data which forms part of a filing system and any automated processing.
What data (information) we collect
The Company processes information about you ‘data subjects’ for a number specific lawful purposes and we seek to ensure that our data collection and processing is always proportionate. Given the nature of our business we may collect personal data, sensitive personal data and criminal offence data as defined below:
Categories of data
Is information which relates to a living person who can be identified from that data (data subject) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
Sensitive personal data
Is sometimes referred to as ‘special categories of personal data’ or ‘sensitive personal information’ and it includes information about your: race; ethnic origin; politics; religion; trade union membership; genetics; biometrics (where used for ID purposes); health; sex life; or sexual orientation.
Criminal offence data
Is data relating to criminal convictions and offences, or related security measures.
We have further grouped the above data together as follows:
Includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Includes addresses, email addresses and telephone numbers.
Includes any other information that you provide on your application form, CV, cover letter, during your interviews, assessments and may include employment history, qualifications, membership of any professional bodies, hobbies and interests.
Details of personal or educational referees, details of former employers the details of which you have provided us with so that we can contact them to obtain a reference from them.
More detailed information about your previous academic and/or employment history, including details of any conduct, grievance or performance issues, appraisals, time and attendance details and information and verification regarding your academic and professional qualifications or verification of your membership of a professional body.
Information in relation to your membership of any professional bodies, any disciplinary matters that have been recorded or conditions imposed on your practicing certificate (if applicable).
Includes your marketing and communication preferences and your subscriptions.
If you are making an application on our website:
Includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Includes information about how you use our website ie how long you stay on each page and how long you generally visit our website for.
Such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
Basis for processing data
We have set out below a description of what data we collect, where and how we obtain the data from, the purpose of collecting it, how we will use it and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate, what happens if you do not provide the information and who we may share it with and why.
We have to have a valid lawful basis in order to process your personal data. We will generally process your personal data in the following circumstances:
- We need this information in order to take steps at your request prior to entering into a contact with you or for the performance of a contract to which you are a party;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). Where we process your information under this lawful basis, we will specify legitimate interests accordingly;
- Where we need to comply with a legal or regulatory obligation that we are subject to;
- Where you have provided us consent. (applicable to Marketing Data only).
It is important that you are aware that where we process your data for the purposes of legitimate interest, once you have submitted your data to us we can process your data for these purposes without your consent (without prejudice to your other rights). We do not need your consent to process your data when we are processing it for the following purposes, which we may do:
- where it is necessary for carrying out rights and obligations under employment law;
- where you have made the data public;
- where processing is necessary for the establishment, exercise or defence of legal claims.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
The Company may from time to time need to process sensitive personal information. We will only process sensitive personal information if:
- we have a lawful basis for doing so as set out in paragraph 9.10; and
- one of the special conditions for processing sensitive personal information applies, eg:
- you have given us explicit consent;
- the processing is necessary for the purposes of exercising the employment law rights or obligations of the Company or you;
- processing relates to personal data which are manifestly made public by you;
- the processing is necessary for the establishment, exercise or defence of legal claims; or
- the processing is necessary for reasons of substantial public interest.
How we process your data
We will process different categories and groups of data during different stages of recruitment process. There are four stages of recruitment:
when you send us your CV, fill in our application form or when we receive your details from a recruitment agent on your behalf.
once we have received your details your application will enter a sift stage. If you have been shortlisted, you will be invited to attend an interview. Interviewing and assessment process forms part of shortlisting stage.
once your interview and assessment process has been completed, the firm will consider your application. If you have been successful in your interviews and assessments (if applicable) the firm will make you a conditional offer. This is the last stage before the final decision to offer you employment is made.
if you have met all the requirements as set out in the conditional offer, you will be made an unconditional offer which you will be free to accept or decline.
We may obtain this data from:
- you, the candidate;
- recruitment agency;
- your named referees (personal, educational or former employers);
- from a publicly accessible source i.e. Linkedin;
- from professional and regulatory bodies, i.e. Law Society or Solicitors Regulation Authority or education providers;
- Disclosure and Barring Service; or
- data about you may also be created by us during the recruitment process.
In connection with your application for work with us, we will collect, store, and use the following types of data 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;
- information you provide to us during any pre-employment assessments;
- information you provide to us during an interview;
- information that has been provided to us by referees the details of which you would have given us;
- information that has been provided to us in relation to you and in accordance to this notice by third parties;
- any other information you have provided to us during your recruitment process including correspondence with us.
- Information that has been provided to us by the Disclosure and Barring Service.
In summary 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;
- Defend legal claims.
During all the recruitment stages the information that you provide to us may include your Identity Data, Contact Data, Background Data, Referee Data and Marketing Data. We will:
- obtain this information from you or your recruitment agents;
- collect this information for legitimate interests and/or in order to take steps prior to entering into a contract with you so that we can fill the roles that become available within the company;
- communicate with you to arrange interviews;
- decide whether to employ (or engage) you;
- decide what other terms of your contract to offer you.
- we will not be able to process your application successfully if you fail to provide information which is necessary for us to consider your application (such as Identity data, or relevant Background data, i.e evidence of qualifications or work history). We may also not be able to contact you if you do not provide us with your Contact Data. If we require references for this role and you fail to provide us with Referee Data, we will not be able to take to process your application further.
- we will share this data with HR Personnel or the manager of the relevant department to contact you to progress your application and arrange interviews. During the Conditional Offer stage we will also share your Identity and Contact data with Disclosure and Barring Service so that you can be invited to complete a DBS check.
In addition to information collected during the Application and Shortlisting stages, during the Conditional Offer stage we will collect Performance data. We will:
- obtain this information from you, your referees, your previous employers and/or education providers (details of whom you will have provided) and from a relevant professional body or from publicly accessible source;
- collect this information for legitimate interests and/or in order to take steps prior to entering into a contract with you so that we can:
- make an informed decision on whether to employ (or engage) you;
- verify the qualifications or employment information provided by you;
- not be able to enter into an employment contract with you if you fail to provide information if requested;
- share this data with HR Personnel or the manager of the relevant department to contact you to progress your application, arrange interviews and inform you of the outcome;
- share relevant data with you referees (including the type of position you have applied for and its requisites) when approaching them for reference in relation to your person, your employment or your education so that we can obtain the references.
We may also need to collect Membership Data. We will:
- obtain this information from you and from Solicitor’s Regulation Authority;
- collect this information for legitimate interests and/or in order to take steps prior to entering into a contract with you so that we can:
- verify your standing with the SRA;
- make an informed decision on whether to employ (or engage) you;
- not be able to enter into an employment contract if being a member of the particular professional body is a requirement for your role and if you fail to provide this information;
- share this data with HR Personnel or the manager of the relevant department to progress your application and to maintain employment records;
- share relevant data with the SRA to verify your membership or to prevent fraud.
During the Conditional Offer recruitment stages we will also need to collect information in relation to your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information. We will:
- obtain this information from you and where necessary from the Home Office;
- collect this information in order to enter into the employment contract, to comply with our legal obligation to carry out checks in relation to your right to work in the UK and for legitimate interest to maintain employment records;
- not be able to enter into an employment contract if you fail to provide this information.
- share this data with HR Personnel or the manager of the relevant department to progress your application and to maintain employment records. We may also share this data with the Home Office (if necessary) to verify the documentation that you have supplied to us.
We will only process sensitive personal information if we have lawful basis for doing so and one of the special conditions for processing sensitive information applies.
We will not request you to provide us your personal sensitive data during the Application and Shortlisting stages.
Any sensitive personal data that you provide to us, will be processed for legitimate business interest and to comply with our legal obligations (i.e. Equality Act 2010). We will collect this information so that we can:
- maintain employment records;
- use information about your (health) disability status to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during your interview or if we need to use certain methods to communicate with you to progress your application;
- use information about your race or national or ethnic origin, religious beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
We will obtain sensitive personal information from you. We may also receive this information from your referees, details of which you have provided.
You do not have to provide this information and it will not affect your application if you do not provide it.
In addition to lawful bases, we shall process your sensitive personal information under the following legal conditions:
- the processing is necessary for the purposes of exercising the employment law rights or obligations of the Company or the data subject;
- the processing is necessary for the establishment, exercise or defence of legal claims;
We will share sensitive personal data in relation to your health with HR Personnel to contact you to progress your application, arrange interviews and inform you of the outcome (e.g. if you request for us to contact you only in writing or to make specific arrangements for your interview). The person making the shortlisting decision will not receive this information until after you have been shortlisted
The Company will not carry out automated decision-making (including profiling) based on any individual’s sensitive personal information.
Criminal Offence Data
We will not request you to provide us criminal record data during the application and shortlisting stages.
We will not collect information about your criminal convictions history but will require that you complete a criminal record check if we would like to offer you the role (conditional on checks and any other conditions, such as references, being satisfactory). We are entitled to carry out a criminal records check in order to satisfy ourselves that there is nothing in your criminal convictions history, which makes you unsuitable for the role.
In particular because:
- your being able to be assigned to the role, or your membership in the professional body is subject to a clear criminal record; and/or
- given the nature of our business and our duty to clients, the roles within our firm require a high degree of trust and integrity since it involves dealing with client money and highly sensitive and confidential data.
We will not request for your criminal record but will ask for confirmation that you do not have a criminal record by completing a check with Disclosure and Barring Service. We will not collect or process data in relation to your criminal offence record unless and until we are allowed to do so by Data Protection Act 2018. If we are permitted to process such data and only if you are unable to complete your DBS check, we may request you to provide more information in respect to your criminal record. We will obtain this information from you or from the Disclosure and Barring Service. In such event we will collect this information in order to enter into the employment contract, to comply with our legal/regulatory obligation to carry out certain checks and for legitimate interests: to maintain employment records, to comply with legal, regulatory and corporate governance obligations, good employment practice, to make an informed decision on whether to recruit you and to verify the information provided by you.
If we have lawful basis to collect such information and you refuse to provide it, we may be unable to enter into an employment contract with you.
In such event, we will also have in place an appropriate policy document and safeguards which we will be required by law to maintain when processing such data. Any such policy will be made available to you before we carry out such checks and process your criminal offence data.
If you use our website to make an application, we may automatically collect Technical Data, User Data and Aggregate data about your equipment, browsing actions and patterns. We collect this data by using cookies, and other similar technologies. We will
- obtain this information from you or third parties such as analytics providers (eg google), which is based outside the EU;
- collect this information for the purpose to administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data;
- collect this data as it is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise);
- will share the information we receive with relevant personnel within company, i.e. those responsible for the IT aspect of the business and third-party service providers responsible for our website maintenance;
- collect this information automatically when you use our website. If you do not wish for this information to be collected, please do not use our website.
- Technical Data, User Data and Aggregate data will be collected automatically if you use our website.
If you do not wish for us to process this data, please do not use our website to submit an application. Alternative way of submitting your application to us is to either email it to firstname.lastname@example.org or send it by post to HR department.
When you subscribe to receive notifications, ask us to retain your details for more than 6 months or request us to retain your details for speculative positions (i.e. by signing up to receive updates on our website) we will collect your Identity Data, Contact data and Marketing Data. We will:
- obtain this information from you;
- collect this information so that we can send you updates in respect to your speculative application or notify you of new vacancies that may be of interest to you;
- collect this data for that purpose on the basis of your consent;
- share the information we receive with relevant personnel within company, i.e. those responsible for the IT or marketing aspects of the business and third- party service providers responsible for our website maintenance and marketing or software providers, i.e. Mailchimp. You will be able to opt out of receiving any further promotional material from us at any time.
Information may be held at our offices and third-party agencies, service providers, representatives and agents. We have security measures in place to ensure that there is appropriate security for information we hold including those measures detailed in our Data Security Policy. You can request a copy of this policy by contacting our data protection manager.
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 our data protection manager.
10.3 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.
We routinely share personal data with:
- relevant personnel within our Company;
- our regulators (i.e. Lexcel, SRA);
- professional advisers;
- our insurers;
- external service suppliers, representatives and agents that we use to make our business more efficient (confidential data disposal service, our technology, system and software providers);
We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.
They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.
We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections, which are in place to protect the security of your data, will be explained.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may disclose your data in order to enforce our contractual rights against you or to defend legal claims. We may also disclose your data to protect our rights, property and safety, or the rights, property and safety of others or to prevent fraud.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal data with any other third party unless you instruct us to.
The above data will be shared subject to our duty of confidentiality.
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply to different types of data. More information can be found in our Data Retention Policy which can be requested from data protection manager.
We generally keep your personal data so that we can:
- respond to any questions, complaints or claims made by you or on your behalf;
- show that we treated you fairly;
- keep records required by law;
- prevent fraud;
- comply with our legal or regulatory requirements.
When it is no longer necessary to retain your personal data, we will delete securely in accordance to our Data Retention Policy which may be requested for our data protection manager.
In summary, if you are not successful in your application or decline our offer of employment we will retain your personal information for a period of 6 months after we have communicated to you our decision. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.
When you submit your application to us, we will ask if you wish us to retain your personal information on file, on the basis that a further opportunity may arise in the future and we may wish to consider you for that. We will seek your explicit consent to retain your personal information for this purpose. If you consent to us retaining your information for that purpose, your details will remain on our database for 6 years. You will be able to withdraw consent to us processing your data for that purpose at any time.
If you are successful in your application we will retain your personal information in accordance to our Data Protection (Employment) Policy, which will be provided to you at the time when the conditional offer is made to you. If you accept our employment offer, recruitment records will form part of your employment records. We will keep your personal information for no longer than is necessary for the purposes for which the personal information is processed.
Under the legislation you may be entitled to the listed rights in certain circumstances as listed below.
The right to be informed about the collection and use of your personal data.
The right to access (Subject Access Request) 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 lawfully processing it. If you wish to exercise this right:
- you will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- we may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
- we try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
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. In certain circumstances we may refuse a request for correction.
Request erasure of your personal information. In certain circumstances you have the right to have ask for some but not all of the information we hold and process to be erased (the right to be forgotten). 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request 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.
Rights in relation to automated decision making and profiling: You will not be subject to automated decision-making.
If you want to exercise any of the above-mentioned rights please contact Data Protection Manager by telephone or in writing. We will respond to your request within one calendar month.