Privacy Notice – Recruitment

This notice explains what personal information (data) about you we, Invicta Law, will hold, how we collect it, and how we will use that information about you during the application process. We are required to notify you of this under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information about you.

Invicta Law is a company incorporated in England and Wales with company number 10079679 and its registered office is at 1 Abbey Wood Road, Kings Hill, West Malling, Kent ME19 4YT. Our Data Protection Officer can be contacted by email at DPO@csltd.org.uk or by letter at Commercial Services Group, 1 Abbey Wood Road, Kings Hill, West Malling, Kent ME19 4YT.

Data protection principles

We will comply with the data protection principles when gathering and using personal information. Your data will:

be processed fairly, lawfully and transparently;
be collected and processed only for specified, explicit and legitimate purposes;
be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
be accurate and kept up to date – any inaccurate data must be deleted or rectified without delay;
be kept for no longer than is necessary for the purposes for which it is processed; and
be processed securely.

What information is collected

We may collect the following information:

Your name and contact details (ie address, home and mobile phone numbers, email address);
Details of your qualifications, experience, employment history (including job titles, salary and working hours) and interests;
Information regarding your criminal record;
Details of your referees.
Information about your previous academic and/or employment history, including details of any conduct, grievance or performance issues, appraisals, time and attendance, from references obtained about you from previous employers and/or education providers;
Information regarding your academic and professional qualifications;
Information regarding your criminal record, in criminal records certificates (CRCs) and enhanced criminal records certificates (ECRCs);
A copy of your driving licence
Website usage data
identification documents including passport and driving licence and information in relation to your immigration status and right to work for us; *
information relating to your racial or ethnic origin, religious beliefs, gender and sexual orientation;**
Information around adverse media checks – this is necessary in respect of employee screening and ensuring we comply with Regulation 21 of The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The checks involve an online search of news articles and social media, to see if anything gives us reason to believe a prospective employee would present a risk to client money and the firm’s ongoing compliance with the regulations.

Asterisks indicate special category sensitive data.

How we collect the information

We may collect this information from you, your referees (details of whom you will have provided), your education providers, the relevant professional body, the Disclosure and Barring Service (DBS) and the Home Office.

Why we collect the information and how we use it

We will typically collect and use this information for the following purposes:

to consider your suitability for any post for which you have applied;
to take steps to enter into a contract;
for compliance with legal obligations (eg. our obligation to check that you are eligible to work in the United Kingdom).

We collect the special category information indicated at * above to ensure that you have the right to work in the United Kingdom. We collect the special category information indicated at ** above for equalities monitoring of our workforce.

How we may share the information

We may also need to share some of the above categories of personal information with other parties, such as HR consultants and professional advisers. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations. We may also be required to share some personal information with our regulators or as required to comply with the law.

How long we keep your information

We keep the personal information that we obtain about you during the recruitment process for no longer than is necessary for the purposes for which it is processed. How long we keep your information will depend on whether your application is successful and you become employed by us, the nature of the information concerned and the purposes for which it is processed.

We will keep recruitment information (including interview notes) for no longer than is reasonable, taking into account the limitation periods for potential claims such as race or sex discrimination (as extended to take account of early conciliation), after which they will be destroyed.

If your application is successful, we will keep only the recruitment information that is necessary in relation to your employment. For further information, see our Privacy Notice (employment).

The legal basis for using your personal information

We process personal data where it is necessary for the legitimate interest of recruiting suitable employees for Invicta Law.

We process personal data where it is necessary for the defence of possible legal claims.

We process the special category information indicated at * above to ensure that you have the right to work in the United Kingdom. We have a legitimate interest in ensuring that our employees have the right to work in the United Kingdom and that we are in compliance with the law when employing them.

We process the special category information indicated at ** above for equalities monitoring of our workforce. We have a legitimate interest in creating a working environment and culture that recognises and values people’s differences. We can only do this by attracting, recruiting and retaining the most creative and talented people who reflect all sections of our community and such monitoring enables us to ensure that we are achieving this.

Your data subject rights

You have the right to request a copy of the personal information we hold about you. There is no charge for such a request.

You have the right to have any inaccuracies in your personal data corrected.

You have the right to request that we erase your personal data if we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected.

While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made.

You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.

You have the right to object if we process your personal data for the purposes of direct marketing.

You have the right to obtain from us a copy of all personal data which you have provided to us, providing processing of this data is based on your consent or on a contract, and providing the processing is carried out by automated means. Where technically feasible, you can request to have the data transmitted directly to another data controller.

With some exceptions, you have the right not to be subjected to automated decision-making.

In most situations we will not rely on your consent as a lawful ground to process your data. If we do, however, request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later.

To exercise any of the above rights you should contact our Data Protection Officer at DPO@csltd.org.uk or in writing at Commercial Services Group, 1 Abbey Wood Road, Kings Hill, West Malling, Kent ME19 4YT.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of any suspected data security breach where we are legally required to do so.

Complaints

If you have any complaint or concern over how your personal information has been or may be used, please contact our Data Protection Officer.

You may also complain to the Information Commissioner’s Office. Their telephone number is 0303 123 1113 and their website is www.ico.org.uk.

Changes to this notice

We may change this privacy notice from time to time. If you use our website regularly, please visit this page regularly to check this notice.