Candidate Privacy Notice

Candidate Privacy Notice Banner Image

Effective 10 June 2019

Introduction

Bedell Cristin respects your privacy and is committed to protecting your personal data. This privacy notice (the "Notice") will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

Please also use the Glossary to understand the meaning of some of the terms used in this Notice.

1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Disclosures of your personal data
6. International transfers
7. Data security
8. Data retention
9. Your legal rights
10. Glossary

1. Important information and who we are

Purpose of this notice
This Notice aims to give you information on how Bedell Cristin collects and processes your personal data, namely for the purposes of recruitment (or other selection) exercises. It applies to prospective partners, employees contractors, bursary students (and other placements) ("You").

It is important that you read this Notice together with any other privacy notice we may provide on specific occasions 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 Notice supplements the other notices and is not intended to override them.

Controller
Bedell Cristin is an organisation of separate legal practices and entities comprising partnerships and companies, each established to provide legal services under the Bedell Cristin name from the various locations in which it is based. References to Bedell Cristin should be taken to mean, where relevant, the various Bedell Cristin branded partnerships and group companies, details of which can be found here.

This means that when we mention "Bedell Cristin", "we", "us" or "our" in this Notice, we are referring to the relevant Bedell Cristin branded partnership or group company responsible for processing your data.

Contact us
We have appointed a data protection coordinator who is responsible for overseeing questions in relation to this Notice. If you have any questions about it, including any requests to exercise your legal rights, please contact our data protection coordinator at dataprotection@bedellcristin.com.

You have the right to make a complaint in relation to data protection issues at any time to the appropriate supervisory authority. This may be the UK's Information Commissioner’s Office, the Jersey Data Protection Authority, the Guernsey Data Protection Authority or the Cayman Islands Office of the Ombudsman. We would, however, appreciate the chance to deal with your concerns before you approach one of these supervisory authorities so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes
This Notice is effective from 10 June 2019. We will post any material changes that we may make to it in the future on our website and, where appropriate, we will notify you of the change by email.

2. 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 will collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identifying information (i.e. information used to identify a specific individual, such as name, title, date of birth, age, nationality, gender.)
  • Contact information (e.g. residential address, telephone number, personal email address.)
  • Family information (e.g. marital status, dependants, next of kin.)
  • Financial information (e.g. previous remuneration)
  • Professional information (e.g. CV & reference information, interview content, selection process evaluations & appraisals, "right to work" documentation.)

As part of the information collected and stored, we may also use "special categories" of more sensitive personal data, which include: data about your race or ethnicity, religious beliefs, sexual orientation and political opinions; trade union membership; health data (e.g. information about medical conditions); and information about criminal convictions and offences. In this Notice, we refer to these as "Special Category Data". Special category Data requires higher levels of protection.

We may process the parts of your personal data that contain Special Category Data on specific legal bases, which are shown in the left hand column of the table immediately below. (Examples of Special Category Data are provided in brackets.):

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. Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary 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.

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

If you fail to provide personal data
If you fail to provide certain data when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for the place or role, and you fail to provide us with relevant details, we will not be able to take your application further.

3. How is your personal data collected? 

Typically, we collect data from you directly; through the application and recruitment process, for example. Sources of data collection include: CVs, covering letters to applications, application form contents, information provided during interviews or other steps in a selection process.

We may sometimes collect your data (to include Identifying, Contact, Professional and special category data) from third parties including employment agencies, former employers, professional bodies, credit reference agencies or other background check agencies.

4. How we use your personal data 

We will only use your personal data when the law allows us to. We have already explained the legal basis or bases on which we will process Special Category Data. Similar legal bases apply to the processing by us of your personal data. They are:  

  • Where in the context of the fields of employment, tax or social security, we exercise a right conferred, or comply with an obligation imposed, upon us by the law.
  • Where we need to comply with a legal or regulatory obligation.
  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • 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.

Because it would be beneficial to our business to appoint someone to the place or role that is the subject of the recruitment and selection exercise, it is in our legitimate interests to undertake a process to determine whether to appoint you to the place or role. We also need to process your personal information to decide whether to enter into a contract with you.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Purposes for which we will use your personal data
We need all of the categories of information that we process, primarily, to allow us to perform our contract with you and to enable us to comply with our legal obligations as an employer. In some cases we may use your personal data to pursue legitimate interests of our own or those of third parties - provided that your interests and fundamental rights do not override those interests. Our legitimate interests, in broad terms, concern the conduct and management of our business. Example situations in which we will process your personal data are listed in the table below, broken down into the broad areas of the employment relationship.

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.

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 you wish for an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

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.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers 

We will share your personal data with Internal Third Parties. This will involve transferring your data outside Jersey, Guernsey and the European Economic Area (EEA).

Also, many of our External Third Parties are based outside Jersey, Guernsey and the EEA so their processing of your personal data will involve a transfer of data outside Jersey, Guernsey and the EEA.

Whenever we transfer your personal data out of Jersey, Guernsey or the EEA, unless we are otherwise compelled (i.e. by a Court of competent jurisdiction or similar authority), 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.
  • We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
  • We may transfer data to recipients in the US 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.

If none of these safeguards are available in respect of a proposed transfer of your personal data out of Jersey, Guernsey or the EEA, unless we are otherwise compelled, we will explain the possible risks to you of the proposed transfer, following which, if you provide your explicit consent, we may proceed with the transfer.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside Jersey, Guernsey and the EEA.

7. 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, agents, contractors and other third parties 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.

8. Data retention

How long will you use my personal data for?
We will only retain your personal data 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.

From 25 May 2018 all personal information provided will be retained for a period of one (1) year after we have communicated to you our decision about whether to appoint you to the relevant role, placement or scheme. We retain your personal information for that period so that we can manage our business and recruitment processes appropriately and, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with our data retention policy.

If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.

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

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

All historic personal data processed by Bedell Cristin prior to 25 May 2018, is being identified and progressively removed.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please read the sections below to find out more about these rights:

If you wish to exercise any of the rights set out above, please contact us.

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 may 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 four weeks. Occasionally it may take us longer than 4 weeks 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.

10. Glossary

External third parties

  • Disclosure and Barring Services
  • Former employers
  • Authorities and professional bodies
  • Reception services to Bedell Cristin

Internal third parties
Other Bedell Cristin branded partnerships and group companies, based in the British Virgin Islands, Cayman Islands, Guernsey, Jersey, Singapore and the United Kingdom.

Lawful basis

  • Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
  • Consent means a freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of your personal data.
  • Legal proceedings means processing your personal data where the processing is necessary for the purpose of, or in connection with, any legal proceedings or is necessary for the purpose of obtaining legal advice or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Your legal rights
You have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

 

*Updated 31 July 2018