1              What is this notice?

This is the ‘Recruitment Privacy Notice’ of Ferguson Seacabs Limited, Ferguson Modular Limited, Container Company Aberdeen Limited, Ice Blue Refrigeration Limited and Ferguson Group Limited.

This notice applies to individuals applying to work with us, including prospective employees, workers and contractors.

We are a data ‘controller’, which means we are responsible for deciding how we hold and use your personal information.

This notice explains how and why we will collect and use your personal information in the context of the recruitment process and your rights in relation to your personal information. We may amend this notice at any time.

2              Data protection queries

. If you have any questions about this privacy notice or how we handle your personal information please contact the HR department. They can be contacted by email at gdpr@hooverferguson.com. Your personal information

In this privacy notice, ‘your personal information’ means your personal data i.e. information about you from which you can be identified. The table at section 6 below lists your personal information that we may process.

Your ‘personal information’ does not include data where the identity has been removed (anonymous data).

It is important that your personal information is accurate and up to date. Please inform us if your personal information changes during the recruitment process.

3              Special categories of personal information

‘Special categories of personal information’ means information about your racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; health; sex life or sexual orientation; criminal convictions, offences or alleged offences; genetic data; or biometric data for the purpose of uniquely identifying you.

Data marked * in the table at section 6 below falls within these ‘special categories’ or might disclose special categories of personal information. We must have additional legal grounds for processing special categories of personal information, and these grounds are set out in the table at section 6 below.

4              Where does your personal information come from?

Your personal information will come from you or us, and may also come from the following sources:

  • Recruitment agencies may provide us with the following personal information including CVs, candidate profiles, references from previous employers, remuneration with previous employers, home address and contact details.
  • Former employers or other referees, whom you have given us permission to contact, may provide us with the following personal information about you including your employment dates, job title, main areas of responsibility, information on attendance, quality of work, strengths and weaknesses, performance, attitude towards Health & Safety, leadership style and personal attributes
  • Medical professionals may provide us with the following personal information about your health including but not limited to your fitness to undertake the job you have been offered, recommendations on restrictions or modifications required to enable you to perform the job for which you have been offered and report on whether your proposed work activity will impact any medical condition you have.
  •  Psychometric test providers may provide us with reports that you complete as part of the recruitment process. These reports may cover personality tests and aptitude/ability tests. Educational establishments and training providers may provide us with information about qualifications and certifications that have been obtained by you and about training that has been undertaken by you.
  • Publicly available sources such as social media
  • Third parties who provide services to us or work with us may also provide us with information about you.

If you would like more information on the source of your personal information please contact the HR department.

5              Processing your personal information

We may process your personal information during and after the recruitment process. This may include collecting your personal information, recording it, storing it, using it, amending it, destroying it and, in some circumstances, disclosing it.

In general, we process your personal information for the reasons, and on the legal grounds set out in the following table, and also to:

  • Retain records relating to the recruitment process;
  • Establish, exercise or defend legal claims;
  • Comply with the law; and / or
  • Protect your vital interests or those of another person (in exceptional circumstances, such as a medical emergency).

Reason for processing your personal information

Legal ground(s) for processing, and legitimate interest (where applicable)

Your personal information

Contact you regarding the recruitment process and any offer of work

To enter a contract

Personal contact details (including name, address, email, telephone number)

Make a decision about your recruitment or appointment, including assessing your skills, qualifications and suitability for the work

To enter a contract

To comply with a legal obligation

For our legitimate interests:

  • to select suitable employees, workers and contractors
    • Your application form, CV, any covering letter or email, and interview notes, full name, postal address, personal email and contact number
    • Results of the following recruitment tests: personality tests and aptitude tests
 

If you have accepted an offer of work from us that is subject to such checks:

  • Take up references (from referees whom you have given us permission to contact);
  • Confirm your professional memberships, registrations and / or qualifications.

To enter a contract

To comply with a legal obligation

For our legitimate interests:

  • to select suitable employees, workers and contractors

 

  • References and details of previous employers
  • Professional memberships, registrations and qualifications
  • Copy of your driving licence

 

Determine the terms of any potential contract between you and us

To enter a contract

To comply with a legal obligation

Offer letter, and proposed contract between you and us

If you have accepted an offer of work, check you are legally entitled to work in the UK

To enter a contract

To comply with a legal obligation

Documentation confirming your right to work in the UK

Establish whether you can undergo an assessment which forms part of the application process

Consider reasonable adjustments to the recruitment process for disabled applicants

 

To enter a contract

To comply with a legal obligation

For our legitimate interests:

  • To select suitable employees, workers and contractors

*For special categories of information:

  • To exercise or perform employment law rights or obligations

Information about a disability, the effects of that disability, and special arrangements that may need to be made to the recruitment process as a result of that disability*

 

Establish whether you will be able to carry out a function that is intrinsic to the particular work

If you have accepted an offer of work from us that is subject to such a check: assess your fitness to work via a health questionnaire or medical report

To enter a contract

To comply with a legal obligation

For our legitimate interests:

  • To select suitable employees, workers and contractors

*For special categories of information:

  • To exercise or perform employment law rights or obligations
  • For the purposes of preventive or occupational medicine, or for the assessment of your working capacity

Health data and sickness records, including disability information* and, where applicable a report stating that you are fit to work in the role that you have been offered

 

6              Data necessary for the contract

The table at section 6 above identifies personal information that we may need to enter a contract with you. If you don’t provide this data, we may not be able to proceed with the recruitment process or enter into the contract.

7              Statutory requirement to provide your personal information

In some circumstances, the provision of your personal information is a statutory requirement. This includes:

  • Documentation confirming your right to work in the UK – if you don’t provide this, we may not be able to enter into a contract with you.

8               Sharing your personal information with third parties

We may share your personal information with the following third parties if this is required by law; necessary to enter a contract with you; where there is another legitimate interest in doing so; or where it is necessary to protect your vital interests or those of another person:

  • Other entities in the Hoover Ferguson Group of companies (i.e. Hoover Ferguson Inc. and its subsidiaries) as detailed at section 10 below.
  • Health professionals and occupational health providers involved in your care, for the purposes of establishing whether you can undergo an assessment which forms part of the application process; and/or considering reasonable adjustments to the recruitment process for disabled applicant[; establishing whether you will be able to carry out a function that is intrinsic to the particular work; and / or assessing your fitness to work if you have accepted an offer of work from us that is subject to health checks.
  • Relevant regulators.
  • Vantage POB
  • Our professional advisors.
  • Other third parties as necessary to comply with the law.

9              Automated decision-making

 We do not envisage taking any decisions about you based solely on automated processing (i.e. without human involvement), which have a legal or similarly significant effect on you.

10            Transferring your personal information outside the EU

Hoover Ferguson Inc and its subsidiaries (together the Hoover Ferguson Group) is a global organisation which does business in many countries.  We may share your personal information with other companies within the Hoover Ferguson Group, our services providers and other third parties and these entities may be located in countries outside of that in which you reside.  Although the data protection laws of these countries may differ from those of the country in which you reside, we will take appropriate measures to ensure that your personal information is handled as described in this privacy notice and in accordance with the applicable laws.

11            In particular, your personal information may be shared with/accessed by a restricted number of senior executives in the US for any of the purposes set out above.  There is not an adequacy decision by the European Commission in respect of the US meaning that it is not deemed to provide an adequate level of protection for your personal information. However, we have put in place measures to ensure that your personal information receives adequate protection and we are looking at enhancing these measures. Data retention

If you don’t start work with us following the recruitment process, we will retain your personal information for twelve months thereafter:

  • to allow us to establish, exercise or defend legal claims; and
  • for our legitimate interests – to enable us to reconsider your application and (if appropriate) contact you, if the position you applied for becomes available again.

If you start work with us following the recruitment process, we will give you a copy of our Worker Privacy Notice, and will retain your personal information as detailed in the Worker Privacy Notice.

12            Your rights

You have the following rights:

  • Access: you can request a copy of your personal information that we hold, and check we are processing it lawfully.

Correction: you can ask us to correct your personal information if you don’t think it is accurate, complete or up-to-date.

  • Deletion: you can ask us to delete your personal information, if:
    • it is no longer necessary for the purposes for which we obtained it;
    • you withdraw your consent, and we have no other legal basis for the processing;
    • you validly object to the processing as described below;
    • we have unlawfully processed the data; or
    • we must delete the data to comply with a legal obligation.
  • Objection: if we process your personal information to perform tasks carried out in the public interest or on the basis of legitimate interests, you can object to this processing on the basis of your particular situation. We will only then continue the processing if we have overriding legitimate grounds for this, or the processing is to establish, exercise or defend legal claims. You may also object if we process your personal information for direct marketing purposes.
  • Restriction: you can ask us to restrict our processing of your personal information if:
    • you contest the accuracy of the data (for a period that enables us to check it);
    • our processing is unlawful, but you don’t want the data deleted;
    • we no longer need the data, but you require it to establish, exercise or defend legal claims; or
    • you have objected (as above) and are awaiting confirmation as to whether we have overriding legitimate grounds for processing.
  • Transfer: if our processing is based on your consent or necessary to carry out our contract with you, and is carried out by automated means, you can request a copy of the personal information you have provided to us and the transfer of this to someone else. Where technically feasible, you can ask us to transfer it directly.
  • Complain to the Information Commissioner: the Information Commissioner is the UK supervisory authority for data protection issues. We aim to resolve all complaints internally via our Department who can be contacted by email at Gdpr@hooverferguson.com, but you do have the right to complain to the Information Commissioner at any time.

Please contact our HR Department if you require more information on these rights, or wish to exercise any of them.

 

 

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