Employee and Job Applicant Privacy Notice

This Privacy Notice was last updated on February 2022.

What is the purpose of this document?

VIMA Consultancy Limited and VIMA Group Services Limited (thereafter “VIMA”, “we” “us” or “our”) is committed to protecting the privacy and security of your personal information.This privacy notice describes how we collect and use personal information about you in accordance with the UK General Data Protection Regulation (GDPR).It applies to all employees and job applicants. 

VIMA is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice. Our Information Commissioner’s Office registration number is ZA276134. 

We are a company registered in England and Wales under company registration number 09868414. Our registered office address is at Suite 6b, Whitefriars, Lewins Mead, Bristol, England, BS1 2NT. You can contact us by writing to us at that address. Alternatively, you can email us at vima-dataprotection@vima-group.co.uk.

Please note that if you are a fixed-term contract employee employed by VIMA Group Services Limited, a company registered in England and Wales under company registration number 09878903, the terms of this notice also apply to you. 

This notice applies to current and former employees and job applicants. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

Data protection principles

We will comply with data protection law. This 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.

The information we hold 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).There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

IF YOU ARE AN EMPLOYEE, PLEASE READ THIS SECTION:

We will collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, date of birth, gender, personal email address, next of kin and emergency contact information;
  • Pension details;
  • Bank account details;
  • Recruitment information (including copies of references and other information included in a CV or cover letter or as part of the application process, and details of your qualifications) and details of salary;
  • Employment records (including job titles, work history, compensation history, working hours, holidays, training records and professional memberships) and details of performance; 
  • National Insurance number & tax details;
  • Beneficiary information; 
  • ID information; 
  • Passport details for right to work checks; and
  • Results of right to work checks. 

IF YOU ARE A JOB APPLICANT, PLEASE READ THIS SECTION

During the recruitment process, we will collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, address, email address and telephone number; and
  • Recruitment information (including copies of references and other information included in a CV or cover letter or as part of the application process, and details of your qualifications).

If you are a successful candidate, we will collect, store, and use the following additional categories of personal information about you:

  • Employment records (including job titles, work history, compensation history, working hours, holidays, training records and professional memberships);
  • National Insurance number;
  • Passport details for right to work checks; and
  • Results of right to work checks.

We may (if your role requires you to undergo UK security vetting), collect, store and use the following more sensitive types of personal information, as per the VIMA Baseline Personnel Security Standard Application Form:

  • Place of birth / country of birth;
  • Details of your residential address for the past 6 years;
  • Nationality (including details of any other historic nationalities or citizenships);
  • Other details relating to immigration status;
  • Gender; and
  • Details required for a criminal record declaration form.
  • Information about your health, including any medical condition, health and sickness records, including:
  • disability details;
  • details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; 
  • any health information in relation to a claim made under the permanent health insurance scheme; 
  • where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes; and
  • information about criminal convictions and offences as part of right to work.

How long will you keep my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Where we can erase your data sooner, we will do so. 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 requirements. 

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Applicants

We will retain personal information relating to job applicants on our recruitment tracking platform, “Recruitee”. Personal information relating to successful candidates will be held in Recruitee for 12 months and then will then be deleted. If you are a successful candidate, your details will be moved from Recruitee and held in our HR platform, “BambooHR”. If you are unsuccessful, your personal data may be held on the Recruitee platform for up to 12 months following notification to you that you have been unsuccessful.

Employees 

Employee personal data is held on BambooHR. We will retain your personal information for the duration of your employment with us plus for a period of six (6) years afterwards, or (if longer) for as long as is necessary to fulfil any legal, accounting or reporting requirements.

THIS SECTION APPLIES TO ALL INDIVIDUALS:

How is your personal information collected?

We collect personal information about job applicants and employees through the application and recruitment process, either directly from candidates or sometimes from third party employment agencies.  We may sometimes collect additional information from other third parties including former employers. 

We will collect additional personal information from you in the course of job-related activities throughout the period of your employment or provision of services to us. 

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:Where we have your consent. You are able to remove your consent at any time.Where processing is necessary for a contract you have with us, or because you have asked us to take specific steps before entering into a contract. Where we need to comply with a legal obligation.Where the processing is necessary to protect someone’s life. Where we need to perform a task in the public interest or for our official functions, and the task or function has a clear basis in the law. Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

Employees

Situations in which we process personal data Lawful basis for processing 
Paying you and deducting tax and National Insurance contributions (“NICs”).Performance of our contract with you. Compliance with a legal obligation to which VIMA is subject.
Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties.Performance of our contract with you. Compliance with a legal obligation to which VIMA is subject.
Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee benefits.Performance of our contract with you. Compliance with a legal obligation to which VIMA is subject.
For the ongoing running “personnel” functions.Performance of our contract with you. Compliance with a legal obligation to which VIMA is subject.
To monitor your use of our information and communication systems to ensure compliance with our IT policies.Our legitimate interests to ensure the proper operation of our business.
To determine the terms on which you work for us. Performance of our contract with you.
To check you are legally entitled to work in the UK.Compliance with a legal obligation to which VIMA is subject. 
Providing the following benefits to you:Health insurance; andany other employee benefits that may be included in your employment package.Performance of our contract with you. 
Administering the contract we have entered into with you.Performance of our contract with you. 
Business management and planning, including accounting and auditing. Our legitimate interests to ensure the proper operation of our business. 
Conducting performance reviews, managing performance and determining performance requirements. Our legitimate interests to ensure the proper operation of our business.
Making decisions about salary reviews and compensation.Our legitimate interests to ensure the proper operation of our business.
Assessing qualifications for a particular job or task, including decisions about promotions. Our legitimate interests to ensure the proper operation of our business.
To follow our disciplinary and grievance procedures including gathering evidence and carrying out investigations into related matters.Performance of our contract with you. Our legitimate interests to ensure the proper operation of our business.
Education, training and development requirements.Performance of our contract with you. Our legitimate interests to ensure the proper operation of our business.
Dealing with legal disputes involving you, or other employees or consultants including accidents at work. Compliance with a legal obligation to which VIMA is subject.Our legitimate interests to ensure the proper operation of our business.
Managing sickness absence. Performance of our contract with you. 
Complying with health and safety obligations. Compliance with a legal obligation to which VIMA is subject.Our legitimate interests to ensure the proper operation of our business.
To prevent fraud.Compliance with a legal obligation to which VIMA is subject.Our legitimate interests to ensure the proper operation of our business.
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.Our legitimate interests to ensure the proper operation of our business.
To provide references.Our legitimate interests to ensure the proper operation of our business.
Where applicable, to carry out internal Baseline Personnel Security Standard (BPSS) checks.Performance of a contract.Compliance with a legal obligation to which VIMA is subject.
To provide to our client’s security departments so that they can in turn verify a candidate’s clearance levels.Compliance with a legal obligation to which VIMA is subject.Performance of a contract.

Applicants

Situations in which we process personal data Lawful basis for processing 
Making a decision about your recruitment.Our legitimate interests to ensure the proper operation of our business.
Health data or disability-related data for the purpose of making necessary adjustments for interviews.Our legitimate interests to ensure the proper operation of our business.Article 9(2)(b) the processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law.

Please note that some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information. 

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

How we use particularly sensitive personal information 

“Special categories” of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. If you are required to complete the VIMA Baseline Personnel Security Standard application form for your role, we will ask you for details of your nationality. This is considered to be special category personal data as it may reveal your ethnic origin. Where we collect such details, we will process this data in the context of, “employment, social security and social protection” (as set out in article 9(2)(b) of the UK GDPR).We may process other special categories of personal information from time to time in the following circumstances:Explicit consentVital interestsNot-for-profit bodiesMade public by the data subjectLegal claims or judicial actsReasons of substantial public interest (with a basis in law)Health or social care (with a basis in law)Public health (with a basis in law)Archiving, research and statistics (with a basis in law)Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. 

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with this privacy notice. 

In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. 

If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

We do not need your consent where the purpose of the processing is to protect you or another person from harm or to protect your well-being and if we reasonably believe that you need care and support, are at risk of harm and are unable to protect yourself. 

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

We envisage that we will hold information about criminal convictions. 

We will only collect information about criminal convictions if it is appropriate given the nature of your role and where we are legally able to do so. 

Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. 

Change of purpose

We will only use your personal information 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 information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. If we do at a future date, make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Data sharing

We may have to share your data with third parties, including third-party service providers and other entities or affiliated companies within VIMA’s corporate group.We require third parties to respect the security of your data and to treat it in accordance with the law.We will not transfer your personal information outside the EU. However, please see the below for details of the jurisdictions in which your data may be transferred for hosting purposes.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. For example, we may share details of your name and date of birth with the security departments of our clients, in order for such third parties to in turn verify clearance levels.

Which third-party service providers process my personal information?

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities or affiliated companies within VIMA’s corporate group, such as parent, sister and subsidiary corporations, for their recruitment, recordkeeping and/or reporting purposes.

For example, the following, but not limited to, activities are carried out by third-party service providers: 

Activity Third-party service provider
RecruitmentRecruitee, hosted in the EU.
End-to-end, client-based HR system BambooHR, hosted in Ireland
If required (due to the nature of a role), to carry out baseline personnel security standard checks or other UK security vetting.TP Group PLC (checks will be carried out directly between TP Group PLC and you)
Provision of IT services Purple Jelly Ltd, hosted in the UK
Incident managementPeninsula Business Services Limited 
For the purpose of paying youBright Pay
Pension managementRoyal LondonHappy People
To enrol onto our healthcare programmeBUPA

How secure is my information with third-party service providers?

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. They must only process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC.

Data security

We have put in place measures to protect the security of your information. Our third-party service providers will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

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. These security measures include user access controls for all platforms, encrypted IT hard drives, secure hosting, cloud platforms, ISO27001 certification and Cyber Essentials. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to access your personal information. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality. 

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.

Rights of access, correction, erasure, and restriction 

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us. 

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access 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.
  • 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.
  • Request erasure of your personal information. 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. 
  • Request the 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. 

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact VIMA’s Data Protection Officer, Ben Ecclestone, in writing.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Officer (details below). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data Protection Officer

We have appointed a Data Protection Officer to oversee compliance with this privacy notice, Ben Ecclestone. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Protection Officer. 

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”) with respect to data protection issues.

The ICO’s address:         

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information. 

If you have any questions about this privacy notice, please contact Ben Ecclestone at vima-dataprotection@vima-group.co.uk.