Privacy Policy

Data Privacy Policy and Procedure

This notice applies to current and former employees, workers, and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide an updated copy of this notice as soon as reasonably practical.

It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using that information and what your rights are under the data protection legislation.

When Care Crew processes your personal data, it is required to comply with the Data Protection Act 2018 (“DPA”) and the UK GDPR (the DPA and UK GDPR are together referred to as the “Data Protection Legislation”).

Your personal data includes all the information we hold that identifies you or is about you, for example, your name, email address, postal address, date of birth, location data, and in some cases opinions that we document about you, as well as special categories of data including, but not limited to, medical and health records and information about your religious beliefs, ethnic origin and race, sexual orientation, and political views.

Everything we do with your personal data counts as processing it – including collecting, storing, amending, transferring, and deleting it. We are therefore required to comply with the Data Protection Legislation to make sure that your information is properly protected and used appropriately.

This data privacy policy provides information about the personal data we process, why we process it and how we process it.

 

Our responsibilities

Care Crew is the data controller of the personal data you provide. The Director of Healthcare/Responsible Individual will have day to day responsibility for ensuring that we comply with the Data Protection Legislation and for dealing with any requests we receive from individuals exercising their rights under the Data Protection Legislation.

 

Why do we process your personal data?

We process your personal data for HR, employment, and administrative purposes. We need your personal data to make sure you have all you need to be able to work at Care Crew, to make sure you are safe and secure at work and to make sure you receive all the benefits and rights to which you are entitled.

We process your personal data on a number of grounds including, but not limited to, our legitimate interests, our contract with you, our legal obligations and our rights and responsibilities as your employer. More information about the types of data we process and the grounds for processing are set out in the table below:

Type of Data	Grounds for Processing
Identity data such as your first name, middle names, last name, date of birth and gender	Legal obligation
Marital status and title	Legitimate interests
Contact data such as your postal address, email address and telephone numbers	Legitimate interests
Immigration checks	Legal obligation
Financial data including your bank account details, payroll records and tax status information	Legal obligation
National Insurance number	Legal obligation
Next of kin and emergency contact information	Legitimate interests
Information about your dependents	Contractual requirement
Background data such as your education, career background and work experience	Legitimate interests
Personal information such as your skills and qualities	Legitimate interests
Salary, annual leave, and pension information	Legal obligation
Benefits information including life assurance and ill health cover	Contractual requirement
Start date and, if different, the date of your continuous employment	Legal obligation
Leaving date	Legal obligation
Your reason for leaving	Legitimate interests
Location of employment or workplace	Legal obligation
Copy of passport	Legal obligation
Employment records including job titles and work history	Legitimate interests
Training records	Legal obligation or legitimate interests, depending on the type of training
Information about working hours and holidays	Legal obligation
Maternity and paternity leave information	Legal obligation
Performance information	Legitimate interests
Disciplinary and grievance information	Legal obligation
Accident records	Legal obligation
CCTV images (more information is set out below)	Legitimate interests
Information about your ethnicity/racial background	Provision of this information is voluntary and therefore collected on the grounds of your consent.
Special categories of data to the extent we need such information to make sure you are comfortable and safe at work including information relating to your health and medical conditions	Required for us to meet our obligations and exercise our rights as your employer
Any other information included on any CV, application or covering letter you provided to us	Consent on the basis that the information was provided voluntarily

 

 

If none of the grounds set out above applies, we will obtain separate consent from you to the processing of your personal data. You can withdraw your consent at any time. This will not affect the lawfulness of any processing we carried out prior to you withdrawing your consent.

 

Who will receive your personal data?

Please note – although the UK is no longer part of the EU, we still comply with the following:

We only transfer your personal data to the extent we need to. Recipients of your personal data may include:

• payroll providers, insurers, healthcare providers, hosted data centres, third parties that provide benefits/perks, regulators, commissioning authorities etc.

We may transfer your personal data outside of the EEA to our employment support partners. We will transfer your personal data on the basis of an intragroup agreement, which includes appropriate safeguards to protect your personal data].

 

How long will we keep your personal data?

We will retain your personal data for as long as it is needed to provide you with employment or other services. Your data will be retained in line with our Data Security and Data Retention Policy and Procedure. Your information will be kept securely at all times. Following the end of the relevant retention period, your files and the personal data covered by the retention period will be permanently deleted or destroyed.

 

What are your rights?

You benefit from a number of rights in respect of the personal data we hold about you. We have summarised the rights which may be available to you below, depending on the grounds on which we process your data. More information is available from the Information Commissioner’s Office website (https://ico.org.uk/for-organisations/guide-to-the-general- data-protection-regulation-gdpr/individual-rights/). These rights apply for the period in which we process your data.

 

1. Access to your data

You have the right to ask us to confirm that we process your personal data, as well as having the right to request access to/copies of your personal data. You can also ask us to provide a range of information, although most of that information corresponds to the information set out in this data privacy policy.

We will provide the information free of charge unless your request is manifestly unfounded, excessive, or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge you if you request more than one copy of the same information.

We will provide the information you request as soon as possible and in any event within one month of receiving your request. If we need more information to comply with your request, we will let you know.

 

2. Rectification of your data

If you believe personal data, we hold about you is inaccurate or incomplete, you can ask us to rectify that information. We will comply with your request within one month of receiving it unless we do not feel it is appropriate, in which case we will let you know why. We will also let you know if we need more time to comply with your request.

 

3. Right to be forgotten

In some circumstances, you have the right to ask us to delete personal data we hold about you. This right is available to you:

• Where we no longer need your personal data for the purpose for which we collected it
• Where we have collected your personal data on the grounds of consent, and you withdraw that consent
• Where you object to the processing, and we do not have any overriding legitimate interests to continue processing the data
• Where we have unlawfully processed your personal data (i.e. we have failed to comply with UK GDPR); and
• Where the personal data has to be deleted to comply with a legal obligation

There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we will let you know.

 

4. Right to restrict processing

In some circumstances, you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data, but we do not have to delete it. This right is available to you:

• If you believe the personal data, we hold is not accurate – we will cease processing it until we can verify its accuracy
• If you have objected to us processing the data – we will cease processing it until we have determined whether our legitimate interests override your objection
• If the processing is unlawful; or
• If we no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim

 

5. Data portability

You have the right to ask us to provide your personal data in a structured, commonly used, and machine-readable format so that you are able to transmit the personal data to another data controller. This right only applies to personal data you provide to us:

• Where processing is based on your consent or for performance of a contract (i.e. the right does not apply if we process your personal data on the grounds of legitimate interests); and
• Where we carry out the processing by automated means

We will respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we will let you know.

 

6. Right to object

You are entitled to object to us processing your personal data:

• If the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority
• For direct marketing purposes (including profiling); and/or
• For the purposes of scientific or historical research and statistics

In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling, legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.

 

Automated decision making

Automated decision-making means making a decision solely by automated means without any human involvement. This would include, for example, an online credit reference check that makes a decision based on information you input without any human involvement. It would also include the use of an automated clocking-in system that automatically issues a warning if a person is late a certain number of times (without any input from HR, for example).

We do not carry out any automated decision making using your personal data.

 

Your right to complain about our processing

If you think we have processed your personal data unlawfully or that we have not complied with UK GDPR, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”). You can call the ICO on 0303 123 1113 or get in touch via other means, as set out on the ICO website: https://ico.org.uk/concerns/.

 

Any questions?

If you have any questions or would like more information about the ways in which we process your data, please contact the HR team on hr@carecrew.uk