Introduction

GDPR employee privacy notice statement

Ultimate Battery Company (UBC) is aware of its obligations under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 and is committed to Processing your data securely and transparently. This privacy notice sets out the types of data that we retain on you as an employee of UBC. It also sets out how we use that information, how long we keep it for and other relevant information about your data.

This notice applies to job applicants, existing and former employees, apprentices, volunteers, placement students, workers and self-employed contractors.

Data controller details

UBC is a Data Controller, meaning that it determines the processes to be used when using your personal data. Our contact details are as follows:

Ultimate Battery Company Limited

Address: Thurcroft Industrial Estate, New Orchard Lane, Thurcroft, Rotherham S66 9ER

Telephone: 01709 914777

Data protection principles

In relation to your personal data, we will:

• process it fairly, lawfully and in a clear, transparent way;
• collect your data only for reasons that we find proper for the course of your employment in ways that have beenexplained to you;
• only use it in the way that we have told you about;
• ensure it is correct and up to date;
• keep your data for only as long as we need it;
• process it in a way that ensures it will not be used for anything that you are not aware of or have consented to(as appropriate), lost or destroyed.

Types of data we process

We hold many types of data about you, including:

• your personal details including your name, address, date of birth, email address, phone numbers;
• your photograph;
• gender;
• marital status;
• dependants, next of kin and their contact numbers;
• medical or health information including whether you have a disability;
• information used for equal opportunities monitoring about your sexual orientation, religion or belief and ethnicorigin;
• information included on your CV/application form, including references, education history and employmenthistory;
• documentation relating to your right to work in the UK;
• driving licence;
• bank details;
• tax codes;
• National Insurance number;
• current and previous job titles, job descriptions, pay grades, pension entitlement, hours of work and other termsand conditions relating to your employment/engagement with us;
• letters of concern, formal warnings, and other documentation regarding any disciplinary proceedings or, in thecase of workers/contractors confirmation of other discussions about your conduct;
• internal performance information including measurements against targets, formal warnings, and relateddocumentation regarding capability procedures, appraisal forms, or in the case of workers/contractorsconfirmation of other discussions about your performance;
• leave records including annual leave, family leave, sickness absence etc;
• details of your criminal record;
• training records.

How we collect your data

We collect data about you in a variety of ways and this will usually start when we undertake a recruitment exercise where we will collect the data from you directly. This includes the information you would normally include in a CV, application form or a recruitment cover letter, or notes made by our recruiting officers during a recruitment interview. Further information will be collected directly from you when you complete forms at the start of your employment for example, your bank and next of kin details. Other details may be collected directly from you in the form of official documentation such as your driving license, passport, or other right to work evidence.

In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.

Personal data is kept in personnel files or within UBC’s HR and IT systems

Why we process your data

The law on data protection allows us to process your data for certain reasons only:

• in order to perform the employment contract that we are party to;
• in order to carry out legally required duties;
• in order for us to carry out our legitimate interests;
• to protect your interests; and
• where something is done in the public interest.

All the Processing carried out by us falls into 1 of the permitted reasons. Generally, we will rely on the first 3 reasons set out above to process your data. For example, we need to collect your personal data in order to:

• carry out the contract that we have entered into with you; and
• ensure you are paid.

We also need to collect your data to ensure we are complying with legal requirements such as:

• ensuring tax and National Insurance is paid;
• carrying out checks in relation to your right to work in the UK; and
• making reasonable adjustments for disabled individuals.

We also collect data so that we can carry out activities which are in the legitimate interests of UBC. We have set these out below:

• making decisions about who to offer initial employment/engagement to, and subsequent internal
• appointments, promotions etc;
• making decisions about salary and other benefits;
• providing contractual benefits to you;
• maintaining comprehensive up to date personnel records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in the event of an emergency are maintained;
• effectively monitoring both your conduct and your performance and to undertake procedures regarding both ifthe need arises;
• offering a method of recourse for you against decisions made about you via a grievance procedure;
• assessing training needs;
• implementing an effective sickness absence management system including monitoring the amount of leave andsubsequent actions to be taken including the making of reasonable adjustments;
• gaining expert medical opinion when making decisions about your fitness for work;
• managing statutory leave and pay systems such as maternity leave and pay etc;
• business planning and restructuring exercises;
• dealing with legal claims made against us;
• preventing fraud;
• ensuring our administrative and IT systems are secure and robust against unauthorised access.

Special categories of data

Special categories of data are data relating to your:

• health
• sex life
• sexual orientation
• race
• ethnic origin
• political opinion
• religion

Criminal conviction data

We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data will usually be collected at the recruitment stage, however, it may also be collected during your employment. We use criminal conviction data in the following ways:

• We process this data because of our legal obligation to the organisation.

If you do not provide your data to us

One of the reasons for Processing your data is to allow us to carry out our duties in line with your contract with us. If you do not provide us with the data needed to do this, we will be unable to perform those duties e.g. ensuring you are paid correctly. We may also be prevented from confirming, or continuing with, your employment with us in relation to our legal obligations if you do not provide us with this information e.g. confirming your right to work in the UK or, where appropriate, confirming your legal status for carrying out your work via a criminal records check.

Sharing your data

Your data will be shared with colleagues within UBC where it is necessary for them to undertake their duties. This includes, for example, your line manager for their management of you, HR for maintaining personnel records and the payroll department for administering payment under your contract.

We share your data with third parties if we are legally obliged to do so or where we need to comply with our contractual duties to you. For instance, we may need to pass on certain information to an external consultant who is supporting our grievance, capability or disciplinary processes, as well as our pension, benefits or health insurance providers. Where we have the requirement to use an intermediary, we will ensure that they are fully GDPR compliant before engaging with them.

We do not share your data with bodies outside of the European Economic Area. However, if we were to do so, we will put in place measures to ensure that your data is transferred securely and that the bodies who receive the data that we have transferred, process it in a way required by UK data protection laws.

Protecting your data

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction, and abuse. We have implemented processes to guard against such.

Where we share your data with third parties, we provide written instructions to them to ensure that your data are held securely and in line with current data protection requirements. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.

How long we keep your data for

Data will only be kept for as long as is necessary to fulfil the purpose identified or as required by law. Where there is a legal requirement to keep the data, we will comply with the statutory retention periods. All pay records will be retained for a period of 6 full financial years. All other personnel records will be retained for a period of 6 years following the end of employment.

Any recruitment data for unsuccessful applicants will be destroyed six months after the completion of the recruitment exercise.

A full list of data retention periods is provided in the Data Protection Policy (Appendix C – Data Retention Schedule).

Automated decision making

No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.

Your right in relation to your data

The law on data protection gives you certain rights in relation to the data we hold on you. These are:

• the right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice;
• the right of access. You have the right to access the data that we hold on you. Refer to our Subject Access Procedure (Appendix B) in the Data Protection Policy for further details;
• the right for any inaccuracies to be corrected. If any data that we hold about you is incomplete or inaccurate, you can require us to correct it;
• the right to have information deleted. If you would like us to stop Processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue Processing it;
• the right to restrict the Processing of the data. For example, if you believe the data we hold is incorrect, we will stop Processing the data (whilst still holding it) until we have ensured that the data is correct;
• the right to portability. You may transfer the data that we hold on you for your own purposes;
• the right to object to the inclusion of any information. You have the right to object to the way we use your data where we are using it for our legitimate interests;
• the right to regulate any automated decision-making and profiling of personal data. You have a right not to be subject to automated decision making in way that adversely affects your legal rights.

Where you have provided consent for the Processing of particularly Sensitive Data (genetic or biometric data) you also have the unrestricted right to withdraw that consent at any time. Withdrawing your consent means that we will stop Processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so. If you wish to exercise any of the rights explained above, please contact the Chief Operating Officer.

Making a complaint

The supervisory authority in the UK for data protection matters is the Information Commissioner’s Office (ICO). If you think your data protection rights have been breached in any way by us, you are able to make a complaint to the ICO.

Data protection officer

UBC’s Data Protection Officer is Paul Mitchell, he can be contacted at: [email protected]

Data protection policy

Aim and scope of policy

This policy applies to the Processing of personal data in manual and electronic records kept by Ultimate Battery Company Limited (UBC) in connection with its human resources function as described below. It also covers UBC’s response to any data breach and other rights under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

UBC makes a commitment to ensuring that personal data, including special categories of personal data and criminal offence data (where appropriate) is processed in line with data protection law and all its employees conduct themselves in line with this and other related policies. Failure to do so may lead to disciplinary action, including dismissal, and may also constitute a criminal offence.

Where third parties process data on behalf of UBC, UBC will ensure that the third party takes such measures in order to maintain UBC’s commitment to protecting data.

This policy applies to the personal data of job applicants, existing and former employees, apprentices, volunteers, placement students, workers, and self-employed contractors. These are referred to in this policy as Relevant Individuals. A glossary of other terms used in this policy can be found in Appendix A.

Type of data held

Personal data is kept in personnel files or within UBC’s HR systems.

Relevant individuals should refer to UBC’s Privacy Notice for more information on the types of data held, reasons for its Processing activities, the lawful bases it relies on for the Processing and data retention periods.

Data protection principles

All personal data obtained and held by UBC will:

• be processed fairly, lawfully and in a transparent manner;
• be collected for specific, explicit, and legitimate purposes and not further processed in a manner which isincompatible with those purposes;
• be adequate, relevant, and limited to what is necessary for the purposes of Processing;
• be kept accurate and up to date. Every reasonable effort will be made to ensure that inaccurate data is rectifiedor erased without delay;
• be kept in a form which permits identification of data subjects for no longer than is necessary for its givenpurpose;
• be processed in a manner that ensures appropriate security of personal data including protection againstunauthorised or unlawful Processing, accidental loss, destruction, or damage by using appropriate technical or organisation measures.

In addition, personal data will be processed in recognition of an individual’s data protection rights, as follows:

• the right to be informed;
• the right of access;
• the right for any inaccuracies to be corrected (rectification);
• the right to have information deleted (erasure);
• the right to restrict the Processing of the data;
• the right to portability;
• the right to object to the inclusion of any information;
• the right to regulate any automated decision-making and profiling of personal data.

Procedures

UBC will:

• ensure that the legal basis for Processing personal data is identified in advance and that all Processing complieswith the law;
• not do anything with your data that you would not expect given the content of this policy and the employeeprivacy notice;
• ensure that an employee privacy notice is in place advising employees and others how and why their data isbeing processed, and, in particular, advising data subjects of their rights;
• only collect and process the personal data that it needs for purposes it has identified in advance;
• ensure that, as far as possible, the personal data it holds is accurate, or a system is in place for ensuring that it iskept up to date as far as possible;
• only hold onto personal data for as long specified in our Data Protection Policy;
• ensure that appropriate security measures are in place to ensure that personal data can only be accessed bythose who need to access it and that it is held and transferred securely;
• ensure that all employees who handle personal data on its behalf are aware of their responsibilities under thispolicy, and that they are adequately trained and supervised.

Access to data

Relevant individuals have a right to be informed whether UBC processes personal data relating to them and to access the data that UBC holds about them. Requests for access to this data will be dealt with under the following summary guidelines:

• a form on which to make a subject access request is available from HR;
• UBC will not charge for the supply of data unless the request is manifestly unfounded, excessive, repetitive, orunless a request is made for duplicate copies of the same information. In these circumstances, the fee chargedwill be based on the administrative cost of providing the information requested.
• UBC will respond to a request without delay. Access to data will be provided, subject to legally permittedexemptions, within 1 month as a maximum. This may be extended by a further 2 months where requests are complex or numerous.

Relevant individuals must inform UBC immediately if they believe that the data is inaccurate, either as a result of a subject access request or otherwise. UBC will take immediate steps to rectify the information.

Forcing employees to obtain information via a subject access request, usually in relation to an individual’s criminal record, is a criminal offence. No employee of UBC will be required to make a subject access request.

For further information on making a subject access request please refer to the Subject Access Procedure in Appendix B.

Data disclosures

UBC may be required to disclose certain data/information to a third party. The circumstances leading to such disclosures include:

• any employee benefits operated by third parties;
• disabled individuals – whether any reasonable adjustments are required to assist them at work;
• individuals’ health data – to comply with health and safety or occupational health obligations towards the employee;
• for Statutory Sick Pay purposes;
• HR management and administration – to consider how an individual’s health affects his or her ability to do theirjob;
• the smooth operation of any employee insurance policies or pension plans;
• to statutory bodies, e.g. HMRC for taxation purposes or the Police for the investigation of crime.

These kinds of disclosures will only be made when strictly necessary for the purpose.

Data security

UBC adopts procedures designed to maintain the security of data when it is stored and transported.

In addition, employees must:

• ensure that all files or written information of a confidential nature are stored in a secure manner and are only accessed by people who have a need and a right to access them;
• ensure that all files or written information of a confidential nature are not left where they can be read by unauthorised people;
• refrain from sending emails containing sensitive work-related information to their personal email address;
• check regularly on the accuracy of data being entered into computers;
• always use the passwords provided to access the computer system and not abuse them by passing them on topeople who should not have them;
• use computer screen savers to ensure that personal data is not left on screen when not in use.

Personal data relating to employees should not be kept or transported on laptops, USB sticks, or similar devices, unless authorised by the Data Controllers. Where personal data is recorded on any such device it should be protected by:

• ensuring that data is recorded on such devices only where necessary;
• using an encrypted system — a folder should be created to store the files that need extra protection and all filescreated or moved to this folder should be automatically encrypted;
• ensuring that laptops or USB drives are not left lying around where they can be stolen.

International data transfers

UBC does not transfer personal data to any recipient outside of the EEA. Data stored on “cloud” platforms outside of the UK will be compliant with UK laws.

Breach notification

Where a data breach is likely to result in a risk to the rights and freedoms of individuals, it will be reported to the Data Protection Officer who is required to inform the Information Commissioner within 72 hours of UBC becoming aware of it. The breach may be reported in more than 1 instalment.

Relevant Individuals will be informed directly in the event that the breach is likely to result in a high risk to the rights and freedoms of that individual.

Training

New employees must read and understand the policies on data protection as part of their induction.

All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.

The nominated Data Controllers/auditors/Data Protection Officers for UBC are trained appropriately in their roles under data protection legislation.

All employees who need to use the computer system are trained to protect individuals’ personal data, to ensure data security, and to understand the consequences to them as individuals and UBC of any potential lapses and breaches of UBC’s policies and procedures.

Records

UBC keeps records of its Processing activities including the purpose for the Processing and retention periods in Appendix C. These records will be kept up to date so that they reflect current Processing activities.

Data protection concerns

If you have any concerns or wish to exercise any of your rights under the GDPR, then you can contact the Chief Executive or Chief Operating Officer (UBC’s Data Controllers).

In their absence you can contact Paul Mitchell at: [email protected] (UBC’s Data Protection Officer).

Appendix A

Glossary of terms

Data Controller – the Data Controller decides what Personal Information UBC will hold and how it will be held or used.

Data Protection Officer – the person responsible for ensuring that UBC follows its Data Protection Policy and complies with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

Relevant Individual/Data Subject – The person whose Personal Information is being held or processed by UBC for example: an employee, worker or contractor.

Explicit Consent – is a freely given, specific and informed agreement by Relevant Individual in the Processing of Personal Information about her/him. Explicit Consent is needed for Processing Sensitive Data.

Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the data protection law.

Processing – means collecting, amending, handling, storing, or disclosing Personal Information.

Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual employees or other workers within UBC.

Sensitive Data – refers to data about:

• Racial or ethnic origin
• Political affiliations
• Religion or similar beliefs
• Trade union membership
• Physical or mental health
• Sexuality
• Criminal record or proceedings

Appendix B

Subject access procedure

Making a subject access request

Subject access requests must be made in writing and can be made in either hard copy format or electronically. HR can provide you with a form for making a request, though making a request in this format is not a requirement. Including specific details of the data you wish to see in your request will enable a more efficient response from UBC. We may need to contact you for further details on your request if insufficient information is contained in the original request.

Requests may be made by you personally or by a third party e.g. a solicitor acting on your behalf. We will request evidence that the third party is entitled to act on your behalf if this is not provided at the same time as the request is made.

Upon receiving a subject access request

Subject UBC will comply with your request without delay and at the latest within 1 month unless 1 of the following applies:

• in some cases, we will be unable to supply certain pieces of information that you have requested. This may bebecause it is subject to legal privilege or relates to management planning. Where this is the case, UBC will informyou that your request cannot be complied with, and an explanation of the reason will be provided;
• we require extra time because the requests are complex or numerous. In these circumstances, UBC will write toyou within 1 month of receipt of your request to explain why an extension is required. Where an extension is required, information will be provided within 3 months of the request.

Before supplying the data we may contact you asking for proof of identity. You must produce this evidence for your request to be complied with.

Refusing a request

Subject UBC may refuse to comply with a subject access request if it is manifestly unfounded or excessive/repetitive. In these circumstances, we will write to you without undue delay and at the latest within 1 month of receipt to explain why we are unable to comply. You will be informed of the right to complain to the Chief Operating Officer in the first instance. If you remain dissatisfied with the response from the Chief Operating Officer, you can complain to the Information Commissioner.

Manifestly unfounded requests

All requests will be considered carefully in the context of which they are made. The request may be manifestly unfounded if the following applies:

• you clearly have no intention to exercise your right of access;
• the request is malicious in intent and is being used to harass the organisation with no real purposes other thanto cause disruption;
• the request makes unsubstantiated accusations against the organisation or specific employees;
• you are targeting a particular employee against whom you have some personal grudge;
• you systematically send different requests to UBC.

Excessive requests

The request may be excessive if the following applies:

• it repeats the substance of previous requests, and a reasonable interval has not elapsed; or
• it overlaps with other requests

Appendix C

Data retention schedule