NewDay Candidate Privacy Notice

NewDay 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 Data Protection Act 2018 (the UK implementation of the General Data Protection Regulation (GDPR)).

What is the purpose of this document?

NewDay is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. As someone who is applying for work with us (whether as an employee, worker or contractor) this Privacy Notice makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, on-going vetting/annual Fitness & Propriety assessments (if you become an employee of NewDay), and how long it will usually be retained for. It provides you with certain information that must be provided under the Data Protection Act.

Data protection principles

We will comply with data protection law and principles, which means that your data will 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.
  • Kept securely.

The kind of information we hold about you

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

  • The information you have provided to us in your curriculum vitae and covering letter.
  • The information you have provided on our application form including name, title, address, telephone number, personal email address, gender, employment history, salary and benefits, right to work details (in the UK) any reasonable adjustments requested, details of your qualifications, skills experience and employment history.
  • Information about your current level of remuneration, including benefit entitlements.
  • Any information you provide to us during an interview.
  • Any results from technical assessments, psychometric test results and/or behaviour assessments if applicable (including but not limited to assessment centres and Management Capability Assessments).
  • Any interview feedback.
  • Any additional information provided to support your screening process, on-going annual vetting or Fitness & Propriety assessments, including, name history, date of birth, address history, NI number, mother’s maiden name, country of birth, town of birth, nationality, eligibility to work in the UK, financial history (including information on any Individual Voluntary Arrangement and any application for debt relief), criminal record, information from global sanctions checks, and regulatory penalty/regulator findings disclosure.
  • Any information collected through the initial Fitness & Propriety Assessment (Senior Manager and Certified Role holders only). This includes but is not limited to information on your financial soundness.
  • Any information about Company Directorships.
  • Any results from Adverse Media Checks.
  • IP Address.
  • Information from our screening process as set out below.
  • Details of nationality and citizenship.

We may also collect, store and use the following "special categories" of more sensitive personal information:

  • Information about your health, including any medical condition or disability.

How is your personal information collected?

We collect personal information about candidates from the following sources:

  • You, the candidate.
  • Recruitment agencies, if the candidate is being represented by an agency.
  • UK and Overseas credit reference agencies, from which we collect the following categories of data: name and aliases, 5 years address history declared and undeclared, active CCJs, satisfied CCJ, bankruptcy data (declared, pending or restriction) and insolvency data, including discharged insolvencies.
  • DBS/Disclosure Scotland and relevant overseas bodies in respect of criminal convictions.
  • UK and International Sanctions lists and databases.
  • Your named referees, from whom we collect the following categories of data: employment dates, position held, basic salary on leaving, reason for leaving, competence, sickness records, disciplinary records and general information on your performance including attitude and quality of work.
  • Regulatory References, from which we collect the following categories of data: employment dates, position held, Certification or Approved person function, Conduct Rules Breaches, Fitness and Propriety status (including whether the approval was subject to a condition, suspension, limitation, restriction or time limit), disciplinary records and general information on your performance including attitude and quality of work.
  • Fraud prevention agencies such as CIFAS for details of any previous fraud committed against an organisation.
  • Academic institutions and professional bodies to validate information you have provided.
  • Information from publicly accessible sources.

How we will use information about you

We will use the personal information we collect about you to:

  • Assess your skills, qualifications and suitability for the role, and to decide whether to enter into a contract with you.
  • Carry out background and reference checks once a job offer has been made.
  • Communicate with you about the recruitment process.
  • Keep records related to our hiring processes.
  • Comply with legal or regulatory requirements and in some instances to respond to and defend legal claims.
  • Assess your on-going Fitness and Propriety, including on-going vetting checks (if you become an employee of NewDay).

Having received your CV, covering letter and our application form, and the results from any test taken we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether to invite you for an interview. If we decide to invite you to an interview, we will use the information you provide to us at the interview to decide whether to offer you the role. If we decide to offer you the role, we will then take up references (including regulatory where applicable) and carry out a criminal record, credit referencing, employment or personal referencing, fraud checks, proof of right to work, any additional regulatory checks required and any overseas checks before confirming your appointment.

If you fail to provide personal information

If you fail to provide information 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, where we require a credit check or references for the role and you fail to provide us with relevant details, we will not be able to take your application further.

How we use particularly sensitive personal information

We will use your particularly sensitive personal information in the following ways:

  • We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview. For successful candidates, this information will also be used to support what (if any) adjustments that are required within the workplace.

Information about criminal convictions

We will collect information about your criminal convictions history if we would like to offer you a role (conditional on checks and any other conditions, such as references, being satisfactory). We will use information relating to criminal convictions as permitted by applicable law and in line with our Vetting Policy.

Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

Data sharing

Why might you share my personal information with third parties?

We will only share your personal information with the following third parties for the purposes of processing your application: recruitment or search consultancies, assessment providers, credit/criminal/referencing agencies, academic institutions, suppliers who undertake background screening on our behalf. All our third- party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

Data security

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. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. 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.

Transferring data outside the EEA

We may transfer your personal information to countries outside the EEA where we need to carry out overseas background checking as part of the recruitment process. We process personal information outside the EEA where such country has an adequacy finding from the EC and we have put Model Clauses in place.

Data retention

How long will you use my information for?

If your application is unsuccessful, or you decide to withdraw your application, we will retain your personal information for a maximum period of 18 months from the date your application was submitted. If your application is successful, we will retain your personal information to facilitate the annual colleague vetting and Fitness & Propriety assessments, and your data will be retained in line with the internal Privacy Notice for employees, workers and contractors, and the People Team Data Retention Schedule. If you receive an offer of employment with NewDay, but do not become an employee, we will retain your personal information for a maximum period of 18 months from the date your application was submitted.

We retain your personal information for that period so that we can show, 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 handle your personal information in accordance with our data retention policy.

If we wish to retain your personal information, if you were unsuccessful in your application, on file for longer than 18 months, 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.

Rights of access, correction, erasure, and restriction 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" or “DSAR”). This enables you to receive a copy of the personal information we hold about you.
  • 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 This enables you to ask us to delete or remove personal information we hold about you in specific circumstances.
  • 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 that 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.
  • Request to port some of the personal information we hold about you.

If you want to make a DSAR, review, correct or request erasure of your personal information, object to the processing of your personal data, or request that we provide you with a copy of your personal information in machine-readable format so you can port it easily, please contact [email protected]

Right to withdraw consent

If you have provided consent to us processing your personal information at any point during the recruitment process you have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your application and we will handle your data in line with our retention policy.

Data protection officer

We have appointed a Data Protection Officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice, or how we handle your personal information, please contact the DPO at [email protected].

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.

August 2023