This candidate data protection statement governs the collection, storage and use of personal information about candidates who apply for a vacancy with PS Energy UK Limited, trading as Powershop (“we”, “us” or “our” for short). Please ensure you read this statement carefully. The aim of this data protection statement is to let you know what personal information we collect from you when you are applying for a job with us, how we store and use it, and how you can access and manage this information. This data protection statement only covers the collection and use of personal information about you whilst you are a candidate. If you become an employee you will receive the employee data protection statement once you have signed your contract of employment.
2. So what information do we collect about you?
We will use your personal data to manage the recruitment process. We will collect and process a range of information about you which may include:
- your name, address and contact details, including email address and telephone number;
- your social network links;
- diversity and inclusion monitoring information, including information about your age, gender, ethnic origin, and whether you have a disability;
- details of your qualifications, skills, experience, current employment, and employment history, including start and end dates, with previous employers and with us;
- information about your criminal record;
- information about your financial history;
- your address history;
- information about your nationality and entitlement to work in the UK;
- your National Insurance number;
- information about your current remuneration package and your future remuneration expectations, including entitlement to benefits such as pensions or insurance cover;
- details of your test results and reviews of your performance in interviews and assessment centres including all related interview notes;
- details of your referees such as previous employers, character or educational referees;
- information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments
3. How will we collect your data?
We may collect your personal data in a variety of ways. For example, data might be collected through online application forms, CVs or resumes; obtained from your passport or other identity documents; from correspondence with you; or through interviews, meetings or other assessments during the recruitment process.
In some cases, we may collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, information from credit reference agencies, and information from criminal records checks permitted by law.
4. So where will we store your data?
Your personal data will be stored in a range of different places, including in the organisation's HR recruitment management systems (its applicant tracking system) and in other IT systems (including our email system and shared drives).
5. Providing your personal data
We will tell you if the personal data you are providing is optional, including if we ask for your consent to process it. In all other cases, you must provide your personal data so that we can manage the recruitment process.
6. Using your personal data: the legal bases and purposes
We will only use your personal data where that is permitted by data-protection laws. Those laws require that where we use your personal data it must satisfy certain conditions for processing. The legal bases we rely on for processing your personal data are:
- For the performance of a contract;
- If it’s in our (or a third party’s) legitimate interests;
- To comply with legal obligations; and
- With your consent.
For the performance of a contract of employment:
We will use your personal information to comply with our obligations to enter into a contract of employment with you. The legal basis we rely on to use your personal information in these ways is that it is necessary for the performance of a contract with you (namely the contract of employment).
We will use it as follows:
- To take steps at your request to enter into a contract with you; and
- To provide you with that contract.
For our own legitimate interests or those of other persons or organisations
We rely on our legitimate interests as a company to use your personal information this way. Specifically, our legitimate interests to comply with the regulations that apply to our business, and to maximise the profitability of the business. We will use your information as follows:
- To run recruitment processes;
- To obtain occupational health advice, to ensure that it complies with our duties in relation to individuals with health conditions and disabilities, to meet its obligations under health and safety law, and ensure that all employees are fit for their intended work and receiving the pay or other benefits to which they are entitled;
- To seek references from your previous employers, character or educational referees to verify the details you have provided during the application process;
- To respond to and defend against legal claims; and
- To maintain and promote equality throughout the recruitment process.
To comply with a legal obligation
Sometimes we must use your personal information as required by law. The legal basis we rely on to do this is compliance with a legal obligation to which we are subject. Some instances of this include:
- To check your right to work in the UK; and
- For compliance with regulatory requirements and related disclosures such as compliance with specific background checks.
Some special categories of personal data, such as information about health or medical conditions, are processed to carry out employment law obligations (such as those in relation to employees with disabilities).
Based on your consent
We rely on your consent as the legal basis for storing or sharing any information we obtain from you that is used for the following purposes:
- When you are requested by us to disclose your personal data to other organisations; and
- When we process any kind of special categories of your personal data (e.g. ethnic origin, age or disability).
Where we process other special categories of personal data, this is done for the purposes of diversity and inclusion monitoring. Special category data that we use for these purposes is anonymised or is collected with your express consent, which can be withdrawn at any time.
Candidates are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so, except in certain circumstances where it might mean that we can’t do certain things for you.
7. Sharing of your personal data
Subject to applicable data protection law we may share your personal data:
- With the Innogy group of companies;
- With third parties and other persons who help us to enter into a contract of employment with you (e.g. immigration services);
- With companies and other persons providing services to you (e.g. background checks);
- With our legal and other professional advisors including our auditors;
- With government bodies and agencies in the UK and overseas (e.g. HMRC who may, in turn, share it with relevant overseas tax authorities and with regulators e.g. the Information Commissioners Office);
- With courts and other law enforcement agencies such as the police, to comply with legal requirements, and for the administration of justice;
- In an emergency or to otherwise protect your vital interests;
- To protect the security or integrity of our business operations;
- With anyone else where we have your consent or as required by law.
8. International transfers
Your personal data may be transferred outside the UK and the European Economic Area. While some countries have adequate protections for personal data under applicable laws, in other countries steps will be necessary to ensure appropriate safeguards apply to it. These include imposing contractual obligations of adequacy or requiring the recipient to subscribe or be certified with an international framework of protection.
9. Criteria used to determine retention periods
The following criteria are used to determine data retention periods for your personal data:
- Retention in case of queries. We will retain your personal data as long as necessary to deal with any queries you may have
- Retention in case of claims. We will retain your personal data for as long as it is possible for you to bring a claim against it; and
- Retention in accordance with legal and regulatory requirements. We will retain your personal data based on our legal and regulatory requirements.
10. Your rights under the applicable data protection law
Your rights are as follows (noting that these rights don’t apply in all circumstances):
- The right to be informed about our processing of your personal data;
- The right to have your personal data corrected if it’s inaccurate and to have incomplete personal data completed;
- The right to object to the processing of your personal data;
- The right to restrict the processing of your personal data;
- The right to have your personal data erased (the “right to be forgotten”)
- The right to request access to your personal data and information about how we process it (this is known as a Subject Access Request “SAR”)
- The right to move, copy or transfer your personal data (“data portability”); and
- Rights in relation to automated decision making including profiling.
- You have the right to complain to the Information Commissioners Office. It has enforcement powers and investigates compliance with data protection law. For further details please see ico.org.uk.
11. Data anonymisation and aggregation
Your personal data may be converted into statistical or aggregated data which can’t be used to identify you, and then used to produce statistical research and reports. This aggregated data may be shared and used in all the ways described above.
12. Who is your data controller?
Your data controller is PS Energy UK Limited under company number 9850654 whose registered address is Windmill Hill Business Park, Whitehall Way, Swindon, SN5 6PB. You can contact us to exercise any of your rights by emailing us at firstname.lastname@example.org or writing to the Data Protection Officer (DPO) at PS Energy UK Limited, 5th floor, 125 Colmore Row, Birmingham B3 3SD.