You have been directed to this Policy because you are applying for work with us (whether as an employee, worker or contractor). This Policy informs you as to how and why the Company processes your personal data when you apply for a position with us, and for how long it will be retained.
This Policy also describes your data protection rights, including a right to object to some of the processing which the Company carries out. More information about your rights, and how to exercise them, is set out in the section below entitled "What rights and choices do you have in relation to your personal data?"
This Policy applies to any personal data collected, maintained, transmitted, stored, retained or otherwise processed by us, regardless of the media on or in which that data is processed. We may update this policy at any time, and would recommend that you check this webpage on a regular basis to ensure you are referring to the latest version of this Policy.
1. Summary of how we use your data
- We will share your data within the Amp Energy Group and to third party service providers which help support our application process, such as screening providers, pre-employment assessment providers, recruitment platforms, IT hosting and/or IT maintenance providers. Your data will be transferred outside the European Economic Area, but will at all times be protected by adequate safeguards which will protect your data.
- The Company may process information revealing your race, ethnic origin, sexual orientation and any disability in order to facilitate effective equal opportunities monitoring and/or to comply with legal obligations to make reasonable adjustments. The Company is obliged to process information regarding your right to work in the UK as part of its recruitment processes and compliance obligations. It may also process criminal record information as part of its recruitment processes where permitted.
- You have a number of rights in respect of the personal data that the Company processes, including a right to object to certain processing. Please see the section below entitled "What rights and choices do you have in relation to your personal data?" for more information.
2. What information do we collect?
We process the following types of personal data when you apply for a position with us:
- Data you provide to us: We collect and store any data you provide to us through your application, including your contact details; your application materials (CV, cover letter, previous work experience, education, and transcripts, and our notes from any interviews with you); your desired location, your desired salary, type of employment sought and date available; your identification documents (passport number, government identification numbers where permitted, immigration status); and any other data you submit to us, including any correspondences you may have with us during the application process. Please note that we may also collect from you and store information about your race or ethnicity, religious beliefs, sexual orientation and political opinions, information about your health and information about criminal convictions and offences where permitted.
- Data from other sources:
We obtain data about you from other sources as follows:
- our third party recruitment agency, from which we collect candidate profiles and CVs;
- our third party identity verification service provider from which we collect information regarding your employment and educational history, your identity;
- the named references you provide to us, from whom we collect a reference;
- for certain candidates, we may obtain information regarding their to work in the UK from the Home Office and relevant government agencies; and for certain roles only (where this applies you will be notified in advance);
- our credit reference agency, from which we collect information relating to your financial position;
- the Disclosure & Barring Service from which we collect information in respect of criminal convictions and offences (see below for further details) where permitted.
We will receive data you submit to us through third-party websites and we may also carry out searches of publicly accessible data on the Internet where appropriate.
3. How do we use this information, and what is the legal basis for its use?
The Company collects, uses and stores your personal data for the following purposes, which in each case are justified by the legal basis set out in bold:
- Where this is necessary for us to review and assess your application for employment, and in advance of entering into any employment contract:
- This includes assessing your skills and interest in career opportunities at the Company, processing your application, analysing your qualifications, verifying your identity and your eligibility for employment, and communicating with you about your application to respond to your inquiries and schedule interviews. This may also include carrying out background and reference checks where appropriate.
- Where necessary for our legitimate interests, as listed below, and where these interests are not overridden by your data protection rights:
- Selecting appropriate candidates. We are looking to ensure that we appoint candidates with appropriate skills and experience to vacancies and new roles within the Company.
- Protecting our legal rights. This includes, but is not limited to, use in connection with legal claims, compliance, regulatory, auditing, investigative and disciplinary purposes (including disclosure of such information in connection with legal process or litigation) and other ethics and compliance reporting requirements.
- Maintaining the security and integrity of our facilities, equipment and electronic platforms. This includes administering access rights, monitoring compliance with company protocols, and where permitted by local law and in accordance with relevant policies, for investigations and disciplinary actions.
- Keeping records in relation to our hiring processes. This includes assisting us in monitoring equality and diversity in line with our policies and values, and complying with overriding obligations under equality legislation.
- Where necessary to comply with a legal obligation:
- Disclosures to law enforcement agencies or in connection with legal claims, or regulatory purposes (including disclosure of such information in connection with legal process or litigation).
- Compliance with our immigration and right to work obligations, and with criminal record vetting obligations (which will apply only to certain roles).
- Where you have given explicit consent:
- For example, we will notify you in advance and seek your explicit permission to conduct criminal background, financial background and personal reference checks.
- Where necessary for the purposes of carrying out obligations in the field of employment and social security and social protection law under local law (under Article 9(2)(b) GDPR):
- We will use information about your health and disability status to consider whether we need to provide reasonable adjustments during the recruitment process (for example, during an interview, test or other assessment).
- We may use information revealing race, ethnic origin, sexual orientation and any disability may be processed in order to facilitate effective equal opportunities monitoring and reporting. Data that the Company uses for these purposes will be collected on an anonymised basis. Applicants and candidates are entirely free to decide whether or not to provide this information and your application will not be affected either way.
4. How will we process information about criminal convictions and offences?
We envisage that we will process information about criminal convictions and offences for senior roles – where this applies to a role for which you have applied, we will notify in advance of requesting any such information or conducting any such checks. We will collect such information if we would like to offer you a role requiring a criminal record check, and that offer will be conditional on such checks. We are entitled to carry out a criminal record check in order to satisfy ourselves that there is nothing in your criminal record history which makes you unsuitable for the role for which you are being considered. In particular, we will conduct such checks where:
- the role for which you have applied is one which is listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and/or specified in the Police Act 1997 (Criminal Records) Regulations so is eligible for a criminal record check carried out by the Disclosure & Barring Service];
- the role for which you have applied requires a high degree of trust and integrity since it involves dealing with significant sums and assets, and/or significant amounts of sensitive and confidential information and so we would like to ask you to seek a basic disclosure of your criminal records history.
5. Automated decision making
You will not be subject to decisions that will have a significant impact on you based solely on automated decision.
6. Who will we share this data with?
The Company will disclose your personal information to members of its recruitment and HR teams and the relevant team managers in respect of the role you have applied for, in order to take hiring decisions.
The Company will also share your personal data with recruitment and HR teams and the relevant managers within the Amp Solar Group whose servers are located in Canada. This is in order to take hiring decisions at a strategic level, to administer and manage group functions (including to make systems available to our employees) or to refer you for other open positions. Group entities are required to take appropriate security measures to protect your personal data in line with our policies.
It may also be necessary from time to time to for us to disclose your personal data to third parties and agents to the Company, including the following:
- recruitment management applications;
- those assisting with the administration, processing and management of certain activities pertaining to prospective employees, including external reference agencies, pre-employment vetting and background screening providers, travel and expenses management services providers;
- relatives or legal representatives of prospective employees; and
- other support service providers, such as IT hosting and/or IT maintenance providers.
We will only share your personal data with such third parties in connection with and for the purpose of facilitating application and recruitment processes. All our third party service providers are required to take appropriate security measures to protect your personal data in line with our policies and their legal requirements. Service providers are only permitted to process your personal data for specified purposes and in accordance with our instructions.
We may also share your personal data with regulatory bodies, courts and court-appointed persons, government authorities and law enforcement officials if required for the purposes above, if mandated by law or if required for the protection of our legitimate interests in compliance with applicable laws.
In the event that our business is sold or integrated with another business (in part or whole), your details may be disclosed to our advisers and any prospective purchaser's adviser and will be passed to the new owners of the business / business unit.
7. Where will we send your data?
Your personal data will be processed in or accessed from jurisdictions outside the European Economic Area ("EEA") by the parties listed below, for the purposes set above. Those countries may not automatically provide an adequate level of protection and accordingly we take additional steps to protect the security and integrity of your personal data.
Where information is transferred out of the European Economic Area ("EEA"), and where this is to a Company affiliate or vendor in a country that is not subject to an adequacy decision by the EU Commission (Article 45 GDPR), data is in all cases adequately protected under appropriate safeguards such as EU Commission approved standard contractual clauses (Article 46(2) GDPR), an appropriate Privacy Shield certification (Article 46(2) GDPR) or a vendor's Processor Binding Corporate Rules (Articles 46(2) and 47 GDPR).
For further information, including details of the relevant mechanisms used to protect your personal data, please contact us at firstname.lastname@example.org.
8. How do we secure and protect your personal data?
We have put in place appropriate security measures to prevent your personal data being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We limit access to your personal data to those employees and third parties who have a business need for access and subject to additional restrictions as set out above. We have procedures in place to deal with suspected data security breaches and will notify you and any applicable regulator of a suspected breach where we are legally required to do so. For further information, please contact us at email@example.com.
9. What rights and choices do you have in relation to your personal data?
You have the right to ask the Company for a copy of your personal data; to correct, delete or restrict processing of your personal data; and to obtain the personal data you provide in a structured, machine readable format; and to ask us to share (port) this data to another data controller.
In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement or compelling interest).
Where we have asked for your consent, you may withdraw consent at any time. If you ask to withdraw your consent to our processing your data, this will not affect any processing which has already taken place at that time.
These rights can be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep. Relevant exemptions are included in both the GDPR and in the Data Protection Act 2018. The Company will inform you of any relevant exemptions it relies upon when responding to any request you make.
Where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage the recruitment process, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
If you have questions about this Policy, wish to contact us for any reason in relation to our personal data processing, wish to exercise your data protection rights or obtain other information, please contact us at firstname.lastname@example.org or feel free to discuss this directly with your relevant recruitment contact.
If you have unresolved concerns, you have the right to complain to the national authority where you live, work or where you believe a breach may have occurred (for the UK that would be the Information Commissioner's Office).
10. How long will we hold your data?
If your application is successful, personal data gathered during the recruitment process will be transferred to our HR management system and retained during your employment in accordance with our staff privacy and retention policies (copies will be provided to you separately).
If your application is unsuccessful, we will retain your personal data for 6-12 months after the end of the relevant recruitment process and only retain such data as is 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 that period, we will securely destroy your personal data in accordance with our data retention policies and applicable laws and regulations. In the event that any court action or other legal proceedings is ongoing or pending at such time, personal data will be retained and deleted after termination of the court action or proceedings as appropriate.
11. Candidate responsibilities
You should take all reasonable steps to ensure that the data you provide is accurate and to keep us informed of any changes to your personal data. If you become aware of any data breach or potential breach in relation to the Company, please contact us as soon as possible at the below address.
If you have any queries as to how we handle your personal data or want to get in touch, feel free to do so at the following address:
Amp X Limited
Suite 1, 3rd Floor 11 - 12 St. James's Square,
London, United Kingdom,
Tel: 0131 240 1299