General Privacy Policy
Purpose of this privacy policy
This privacy policy aims to give you information on how Equator collects and processes your personal data through your use of this website, including any data you may provide through this website when you apply for a vacancy or complete our ‘contact us’ form.
It is important that you read this privacy policy together with any other related policy when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
This website is not intended for children and we do not knowingly collect data relating to children.
Controller
Equator (Scotland) Limited is the controller and responsible for your personal data (collectively referred to as "Equator", "we", "us" or "our" in this privacy policy).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:
Equator (Scotland) Limited
Email address: gdpr@eqtr.com
Postal address: 58 Elliot Street, Glasgow G3 8DZ
Telephone number: 0141 229 1800
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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on 24th October 2019.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes: first name, last name
- Contact Data includes email address and telephone numbers
- Technical Data 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.
- Usage Data includes information about how you use our website.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will 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 policy.
How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity or Contact data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for a vacancy using our website;
- use our website contact us form.
- Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
- Third parties. We will receive personal data about you from various third parties as set out below.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- 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.
- Where we need to comply with a legal obligation.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
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 in the table below.
|
Purpose/ Activity |
Type of Data |
Lawful basis for processing |
|
Submitting a ‘Contact Us’ Form |
Identity Contact |
Legitimate Interest |
|
Submitting a Vacancy Application Form |
Identity Contact |
Legitimate Interest |
|
To use data analytics to improve our website and marketing experiences
|
Technical Usage |
Legitimate Interest |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing. All our email marketing will be based on legitimate interest or legal basis and you can unsubscribe at any time.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us to stop sending you marketing communications at any time by following the ‘unsubscribe’ links on any marketing message.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
International transfers
Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory or other requirements.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact our data protection manager. More detailed information about your legal rights is also available here.
No fee usually required
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 could refuse to comply with your request in these circumstances.
What we may need from you
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.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could 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.
Applicant Privacy Policy
This document reflects the requirements of the General Data Protection Regulation (GDPR), which will came into effect on 25 May 2018.
Data Controller
Data Controller: Equator (Scotland) Limited
Data Protection Officer: Grant Dickson, grant.dickson@eqtr.com, 0141 229 1800
Privacy Notice
As part of any recruitment process, Equator (Scotland) Limited collects and processes personal data relating to job applicants. Equator is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does Equator collect?
Equator collects 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 Equator needs to make reasonable adjustments during the recruitment process;
- information about your entitlement to work in the UK; and
- equal opportunities monitoring information, including information about your ethnic origin and health.
Equator collects this information in a variety of ways. For example, data might be contained in application forms, CVs or, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment, including online tests.
Equator may also collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks. Equator will seek information from third parties only once a job offer to you has been made.
Data will be stored in a range of different places, including on your application record, in our HR management systems and on other IT systems (including email).
Why does Equator process personal data?
Equator needs to process data to take steps at your request prior to entering into a contract with you. It also needs to process your data to enter into a contract with you.
In some cases, Equator needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check a successful applicant's eligibility to work in the UK before employment starts.
Equator has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows Equator to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide to whom to offer a job. Equator may also need to process data from job applicants to respond to and defend against legal claims.
Where Equator relies on legitimate interests as a reason for processing data, it has considered whether or not those interests are overridden by the rights and freedoms of employees or workers and has concluded that they are not.
Equator processes health information if it needs to make reasonable adjustments to the recruitment process for candidates who have a disability. This is to carry out its obligations and exercise specific rights in relation to employment.
Where Equator processes other special categories of data, such as information about ethnic origin or health, this is for equal opportunities monitoring purposes.
If your application is unsuccessful, Equator will keep your personal data on file in case there are future employment opportunities for which you may be suited. If you do not wish Equator to keep your personal data please let us know as you are free to withdraw your consent at any time.
Who has access to data?
Your information will be shared internally for the purposes of the recruitment exercise. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy.
Equator will not share your data with third parties, unless your application for employment is successful and it makes you an offer of employment. Equator will then share your data with former employers to obtain references for you.
Equator will not transfer your data outside the European Economic Area.
How does Equator protect data?
Equator takes the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
Recruiting managers and interviewers will have access to necessary information to perform their duties as a recruiting manager which may include access to CVs and information collected by the HR team during the recruitment process. Access is controlled by the HR function and audited on a frequent basis.
For how long does Equator keep data?
If your application for employment is unsuccessful, Equator will hold your data on file for no more than one year after the end of the relevant recruitment process. At the end of that period or once you withdraw your consent, your data is deleted or destroyed.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.
Your rights
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require Equator to change incorrect or incomplete data;
- require Equator to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
- object to the processing of your data where Equator is relying on its legitimate interests as the legal ground for processing; and
- ask Equator to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override Equator legitimate grounds for processing data.
If you would like to exercise any of these rights, please contact Grant Dickson, grant.dickson@eqtr.com, Equator (Scotland) Limited. 58 Elliot Street, Glasgow, G3 8DZ.
If you believe that Equator has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to Equator during the recruitment process. However, if you do not provide the information, Equator may not be able to process your application properly or at all.
You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your application if you choose not to provide such information.
Automated decision-making
Recruitment processes are not on automated decision-making.
Law Relating To This Document
General Data Protection Regulation (2016/679 EU)
Data Protection Bill
The General Data Protection Regulation (GDPR) requires employers to be transparent about the personal data that they hold and how it is used. The GDPR requires employers to provide the following information to job applicants at the point that data is collected from them:
- the identity and contact details of Equator;
- the contact details for data protection queries
- the purposes for which the personal data will be processed, as well as the legal basis for the processing;
- if the employer is relying on its legitimate interests as the lawful condition for processing, what those legitimate interests are;
- the recipients or categories of recipients of the personal data;
- any transfer of the data outside the European Economic Area and the basis for such transfer;
- the period for which data will be stored, or the criteria used to determine how long data will be retained;
- the individual's rights to subject access, rectification or erasure of personal data, and the right to restrict processing or object to processing;
- the right to withdraw consent to processing at any time, if the data controller is relying on consent as a ground for processing;
- the right to lodge a complaint with the Information Commissioner;
- whether or not providing the data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, and whether or not the data subject is obliged to provide the personal data, and the consequences of failing to provide the data;
- the existence of any automated decision-making and meaningful information about the logic involved and the consequences of any such processing for the individual; and
- where data is obtained from a third party, the source of the data, including if it came from publicly accessible sources.
Employers are required to provide the information in a concise, transparent, intelligible and easily accessible form. It must be in writing and written in clear and plain language.
Where an employer wishes to process existing personal data for a new purpose, it must inform the job applicant of that further processing.
Equator are required to appoint a data protection officer under the GDPR if they are a public authority, if their core activities include the regular and systemic monitoring of data subjects on a large scale, or if their core activities consist of processing special categories of personal data or data relating to criminal convictions and offences on a large scale.
The GDPR and the Data Protection Bill place restrictions on the processing of special categories of personal data and data on criminal convictions and offences. Under the GDPR, special categories of personal data are defined as information about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic and biometric data. Data on criminal convictions and offences includes information relating to criminal allegations and proceedings. These types of data were previously known as "sensitive personal data" under the Data Protection Act 1998.
In order to process special categories of employment data, such as disability information, or data on criminal convictions and offences of job applicants, employers are likely to rely on the ground that processing is necessary to perform or exercise obligations or rights under employment law.
Where an employer collects applicant data for equal opportunities monitoring purposes, it may rely on a limited exception under the Data Protection Bill for processing data related to racial or ethnic origin, sexual orientation, health and religious or belief only.