Candidate Data Privacy Notice
Job Applicant Privacy Notice
This Job Applicant Privacy Notice sets out what personal data we, BRUSH Electrical Machines Ltd., hold about you and how we collect and use it during and after the recruitment process. It applies to anyone who is applying to work for us, whether as an employee, worker, contractor, consultant, intern, volunteer, partner or director (together referred to as ‘Job Applicant’ or ‘you’). Please note that we will not necessarily hold, use or share all of the types of personal data described in this Privacy Notice in relation to you. The specific types of data about you that we will hold, use and share will depend on the role for which you are applying, the nature of the recruitment process, how far
you progress in the recruitment process and your individual circumstances. We are required by data protection law to give you the information in this Privacy Notice. It is important that you read the Privacy Notice carefully, together with any other similar or additional information that we might give you from time to time about how we collect and use your personal data. Should your application be successful, when you start work for us, we will provide you with another privacy notice that explains how we deal with your personal data whilst you are working for us.
This Privacy Notice applies from 25 th May 2018, when the General Data Protection Regulation comes into force. It does not give you any contractual rights. We may update this Privacy Notice at any time.
Who is the controller?
BRUSH Electrical Machines Ltd is the “controller” for the purposes of data protection law. This means that we are responsible for deciding how we hold and use personal data about you.
What is personal data?
Personal data means any information relating to a living individual who can be identified (directly or indirectly) in particular by reference to an identifier (e.g. name, NI number, employee number, email address, physical features). It can be factual (e.g. contact details or date of birth), an opinion about an individual’s actions or behaviour, or information that may otherwise impact that individual in a personal or
Data protection law divides personal data into two categories: ordinary personal data and special category data. Any personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health conditions, sexual life or sexual orientation, or biometric or genetic data that is used to identify an individual is known as special
category data. (The rest is ordinary personal data).
What type of ordinary personal data do we hold about you and why?
At the initial stages of recruitment, we collect, hold and use the following types of ordinary personal data about you:
make informed recruitment decisions;
verify information provided by you;
check and demonstrate that you have the legal right to work in the UK;
keep appropriate records of our recruitment process and decisions;
Set up and enter in to a mutual employment contract with you
What are our legal grounds for using your ordinary personal data?
Data protection law specifies the legal grounds on which we can hold and use personal data.
We rely on one or more of the following legal grounds when we process your ordinary personal data:
We need it to take steps at your request in order to enter into a contract with you (entry into a
contract), because by applying for a job with us you are effectively asking us to enter into a
contract with you [whether this is an employment contract, a contract for services or another type
We need it to comply with a legal obligation (legal obligation), e.g. the obligation not to
discriminate during our recruitment process, or the obligation not to employ someone who does
not have the legal right to work in the UK.
It is necessary for our legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests (legitimate interest). For example, it is in our
legitimate interests to review and consider your personal data (as listed above) so that we can
select the most appropriate candidate for the job.
What type of special category personal data do we hold about you, why, and
on what legal grounds?
We will only collect, hold and use limited types of special category data about you during the recruitment
process, as described below.
Since special category data is usually more sensitive than ordinary personal data, we need to have an
additional legal ground (as well as the legal grounds set out in the section on ordinary personal data,
above) to collect, hold and use it. The additional legal grounds that we rely on to collect, hold and use
your special category data are explained below for each type of special category data.
At the initial stages of recruitment, we collect, hold and use the following special category data about
Equal opportunities monitoring
Equal opportunities monitoring data which could include information about your race or ethnicity,
religious beliefs, sexual orientation or health. We use this information to monitor equality of opportunity
and diversity in our recruitment process. Our additional legal ground for using this information is that it is
necessary in the public interest for the purposes of equal opportunities monitoring and is in line with our
Data Protection Policy.
Adjustments for disability/medical conditions
Information relevant to any request by you for adjustments to the recruitment process as a result of an
underlying medical condition or disability. We use this information to enable us to carry out a fair, non-
discriminatory recruitment process by considering/making reasonable adjustments to our process as
appropriate. Our additional legal ground for using this information is that we need it to comply with a
legal obligation/exercise a legal right in relation to employment – namely, the obligations not to
discriminate, and to make reasonable adjustments to accommodate a disability – and such use is in line
with our Data Protection Policy.
If you are shortlisted for a position, or you receive a conditional offer of employment, we may collect,
hold and use the following additional types of special category personal data about you:
Pre-employment health questionnaires/medicals
We collect information about your health in a pre-employment medical questionnaire and/or examination,
as well as any information about underlying medical conditions and adjustments that you have brought to
our attention. We use this information to assess whether you are fit to do the job with adjustments, to
consider/arrange suitable adjustments and to comply with health and safety requirements. Our additional
legal grounds for using this information are that: we need it to comply with a legal obligation/exercise a
legal right in relation to employment – namely, the obligation to make reasonable adjustments to
accommodate a disability – and such use is in line with our Data Protection Policy; and it is needed to
assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
How do we collect your personal data?
You provide us with most of the personal data about you that we hold and use, for example in your
written application, by completing any assessments and during any interviews.
Some of the personal data we hold and use about you is generated from internal sources during the
recruitment process. For example, the person interviewing you may score your suitability for the role and
we record the reasons for decisions made about whether or not your application is successful.
Some of the personal data about you that we hold and use may come from external sources. For
example, a recruitment agency provides us with a shortlist of candidates. If we offer you a role, we will
carry out pre-employment checks, such as taking up references from past employers and we may check
your qualifications by contacting the awarding body. We may ask an occupational health professional to
report to us on your fitness to do the job. In some circumstances, we may ask the Home Office for
information about your immigration status to verify your right to work in the UK. For some roles, we may
also obtain information about you from publicly available sources, such as your LinkedIn profile or other
Who do we share your personal data with?
We engage recruitment agencies to provide us with the details of suitable candidates for our available
vacancies, to communicate with those candidates, to handle administration in connection with the
recruitment process. If we have received your initial application details from a recruitment agency, we will
share with them any of your personal data that is necessary to enable them to fulfil their functions for us.
Our legal grounds for doing so are that: it is necessary for entry into a contract; and it is in our legitimate
interest to engage service providers to assist us with the recruitment process.
Medical/occupational health professionals
We may share information relevant to any request by you for adjustments to the recruitment process as
a result of an underlying medical condition or disability with medical/occupational health professionals to
enable us to identify what, if any, adjustments are needed in the recruitment process and, if you are
successful, once you start work. We may also share details of disclosed medical conditions and/or
answers to pre-employment health questionnaires with medical/occupational health professionals to
seek a medical report about you to enable us to assess your fitness for the job and whether any
adjustments are needed once you start work. This information may also be used by the
medical/occupational health professionals to carry out assessments required by health and safety
legislation. Our legal grounds for sharing this personal data are that: it is necessary for entry into a
contract; it is in our legitimate interests to consider adjustments to enable Job Applicants to participate
fully in the recruitment process and to assess the fitness for work of Job Applicants to whom we have
offered jobs; and it is necessary to comply with our legal obligations/exercise legal rights in the field of
employment (obligations not to discriminate, to make reasonable adjustments, to comply with health and
We share any of your personal data that is relevant, where appropriate, with our legal and other
professional advisers, in order to obtain legal or other professional advice about matters related to you or
in the course of dealing with legal disputes with you or other Job Applicants. Our legal grounds for
sharing this personal data are that: it is in our legitimate interests to seek advice to clarify our
rights/obligations and appropriately defend ourselves from potential claims; it is necessary to comply with
our legal obligations/exercise legal rights in the field of employment; and it is necessary to establish,
exercise or defend legal claims.
Home Office / Immigration advisers
We may share your right to work documentation with the Home Office and third party Immigration
advisers, where necessary, to enable us to verify your right to work in the UK, and / or to obtain the
necessary documentation in to order to comply with any immigration requirements. Our legal ground for
sharing this personal data is to comply with our legal obligation not to employ someone who does not
have the right to work in the UK.
Consequences of not providing personal data
We only ask you to provide personal data that we need to enable us to make a decision about whether
or not to offer you a role. If you do not provide particular information to us, then we will have to make a
decision on whether or not to offer you a role without that information, which in some cases could result
in us deciding not to recruit you or end your contract during the probationary period. In addition, some of
the personal data you provide to us is required by law. For example, if you do not provide us with the
documentation we need to check your right to work in the UK, then we cannot by law employ you.
If you choose not to provide us with personal data requested, we will tell you about the implications of
any such decision at the relevant time.
How long will we keep your personal data?
We will keep your personal data throughout the recruitment process.
If your application is successful, when you start work for us you will be issued with an Employee Privacy
Notice which will include information about what personal data we keep from the recruitment process
and how long we keep your personal data whilst you are working for us and after you have left.
If your application is unsuccessful, we will keep your personal data for up to 12 months from the date we
notify you of our decision
There may, however, be circumstances in which it is appropriate for us to keep particular items of your
personal data for longer. We will base these decisions on relevant circumstances, taking into account the
the amount, nature, and sensitivity of the personal data
the risk of harm from unauthorised use or disclosure
the purposes for which we process your personal data and how long we need the particular data
to achieve these purposes
how long the personal data is likely to remain accurate and up to date
for how long the personal data might be relevant to possible future legal claims
any applicable legal, accounting, reporting or regulatory requirements that specify how long
certain records must be kept
In all cases, we will not keep your personal data for longer than we need it for our legitimate purposes.
If you give us details of referees, we require you to inform them what personal data of theirs you are
giving to us. You must also give them our contact details and let them know that they should contact us if
they have any queries about how we will use their personal data.
You have a number of legal rights relating to your personal data, which are outlined here:
• The right to make a subject access request. This enables you to receive certain information
about how we use your data, as well as to receive a copy of the personal data we hold about you
and to check that we are lawfully processing it.
• The right to request that we correct incomplete or inaccurate personal data that we hold
• The right to request that we delete or remove personal data that we hold about you 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 data where you have exercised your right to object to processing (see
• The right to object to our processing your personal data where we are relying on our
legitimate interest (or those of a third party), where we cannot show a compelling reason to
continue the processing
• The right to request that we restrict our processing of your personal data. This enables you
to ask us to suspend the processing of personal data about you, for example if you want us to
establish its accuracy or the reason for processing it.
• The right to withdraw your consent to us using your personal data. As described above, we
do not normally rely on your consent as the legal ground for using your personal data. However, if
we are relying on your consent as the legal ground for using any of your personal data and you
withdraw your consent, you also have the right to request that we delete or remove that data, if
we do not have another good reason to continue using it.
• The right to request that we transfer your personal data to another party, in respect of data that
you have provided where our legal ground for using the data is that it is necessary for the
performance of a contract or that you have consented to us using it (this is known as the right to
If you would like to exercise any of the above rights, please contact The Humana Resources department
on firstname.lastname@example.org or in writing to Falcon works, Nottingham Road, Loughborough, LE11 1EX. Note that
these rights are not absolute and in some circumstances we may be entitled to refuse some or all of your
If you have any questions or concerns about how your personal data is being used by us, you can
contact The Humana Resources department on email@example.com or in writing to Falcon works,
Nottingham Road, Loughborough, LE11 1EX.
Note too that 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. Details of how to contact the ICO
can be found on their website: https://ico.org.uk
I can confirm that I have read, understood and freely consent to allowing my data to be processed as set
out in the above ‘Candidate Privacy Notice’. I also understand that until my chosen recruitment agent
obtains this signed declaration from me and passes it on to the Human Resources Department at
BRUSH Electrical Machines Ltd. my CV / application and any subsequent supporting information will not
be considered for any opportunities.
Data automatically collected
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Data collection and use
When you contact us through this site, we request certain personal information. Your personal data will be processed to provide information and services you request in the form that you require. This is done in strict accordance with the “applicable legislation” principles of data protection and data privacy. We will not pass your details to anyone outside our company without your permission.
Access to your personal data
We have in place security policies, rules and technical measures to protect the personal data that we have under our control . The security measures are designed to prevent unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.