Purpose of this document
The following is to explain your rights and to give you information you are entitled to under the data protection legislation.
This notice applies to every individual who provides data to Enewable Limited ('Enewable'). It is important that you read this notice, together with any other privacy notice that is provided 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 such information.
Data protection principles
We will comply with the data protection principles under the data protection legislation. This says that the personal information we hold about you must 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 about
The identity and contact details of Enewable's Controller and Data Protection Officer
Enewable is the data controller. Its contact details are:
Data Protection Officer
26 Queens Road
The kind of information we hold about you
Personal data, or personal information refers to any information about individuals from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, store, and use the following categories of personal information about you:
personal contact for example: name, title, addresses, telephone numbers, and personal email addresses
dates of birth
marital status and dependants
next of kin, emergency contact and death benefit nominee(s) information
national Insurance number
bank account details, payroll records and tax status information
salary, annual leave, pension and benefits information
start date, leaving date
location of employment or workplace
copy of driving licence, passport, birth and marriage certificates, decree absolute
recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process)
full staff service records staff (including terms and conditions, job titles, work history, working hours, promotion, absences, training records and professional memberships)
performance and appraisal information
disciplinary and grievance information
secondary employment and volunteering information
information about your use of our information and communications systems
sounds or visual images (for example, photographs, videos)
accident book, first aid records, injury at work and third party accident information
evidence of how you meet nationality requirements. This could include passport details, nationality details and information about convictions/allegations of criminal behaviour
evidence of your right to work in the UK/immigration status
family, lifestyle and social circumstances
goods or services provided
We may also collect, store and use the following special categories of more sensitive personal information:
information about your race or ethnicity, religious beliefs, sexual orientation and political opinions
information about criminal convictions/allegations and offences
How we collect or process your data
We typically collect employee information through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We collect user information through market research activities and when users install and use Enewable's software ('the app'). We will sometimes collect additional information from third parties including former employers, credit reference agencies or other agencies.
Our legal basis for processing your personal data
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
to develop new services for delivery through the app
to provide you services through the app
where it is necessary for the purposes of the legitimate interests pursued by Enewable or by a third party
where we need to comply with a legal obligation
where it is necessary for performing a contract we have entered into with you
where we have your informed consent
there can be rare occasions where it becomes necessary to use your personal information to protect your interests (or someone else’s interests)
Why are we collecting or processing your data
We need all the categories of information to enable us to perform an employment requirement; to deliver our app; to enable us to comply with other legal obligations; or where it is necessary to do so in the public interest. The situations in which we will process personal information are listed below:
develop a better understand our target market to improve our app
delivery of our app to its users
making decisions about recruitment or appointment
determining the terms on which our employees or service providers work for us
checking our employees are legally entitled to work in the UK
paying employees and deducting tax and National Insurance contributions
Providing employment-related benefits including:
occupational sick, adoption, maternity, paternity, shared parental and annual leave
pension payment and liaising with your pension provider, providing information about changes to your employment such as promotions, changing in working hours
general administration of any contract we have entered into with you
business management and planning, including accounting and auditing
conducting performance reviews, managing performance and determining performance requirements
making decisions about salary reviews and compensation
assessing qualifications for a particular job or task, including decisions about promotions
gathering evidence and any other steps relating to possible grievance or disciplinary matters and associated hearings
making decisions about continued employment or engagement
making arrangements for the termination of a working relationship
education, training and development requirements
dealing with legal disputes involving employers or service providers, including accidents at work
ascertaining fitness to work, managing sickness absence
complying with health and safety obligations
to prevent fraud
to monitor business and personal use of our information and communication systems to ensure compliance with our IT policies
to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution
equal opportunities monitoring
To conduct data analytics studies to review and better understand user retention and attrition rates.
To maintain our records and information or databanks
To promote and advertise services
Some of the purposes will overlap and there can be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide information when requested we will not be able to fully perform our legal, service, and employment obligations or provide you with assistance that you may be entitled to, such as providing a benefit, or we could be prevented from complying with our legal obligations, such as to ensure the health and safety of our workers and users.
Change of purpose
We will only use personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated or new purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we will if necessary process your personal information without your knowledge or consent, in compliance with the above rules, where this is required and permitted by law.
How we use particularly sensitive personal information
Special categories of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We will, if necessary, process special categories of personal information in the following circumstances:
Where we need to carry out our legal obligations or exercise our employment-related legal rights and in line with our data protection policy.
Where it is in line with our data protection policy, and necessary for:
delivering the app
equal opportunities monitoring
administering our pension scheme
preventing or detecting unlawful acts
where it is needed to assess employee working capacity on health grounds, subject to appropriate confidentiality safeguards
In some circumstances, we will process this type of information where it is needed in relation to legal claims or where it is needed to protect employee or user interests, or someone else’s interests, and you are not capable of giving your consent, or where you have already made the information public.
Our obligations as an employer:
We will use particularly sensitive personal information in the following ways:
we will use information relating to leaves of absence; this can include sickness absence or family related leave, to comply with employment and other laws
we will use information about physical or mental health, or disability status, to ensure employee health and safety in the workplace and to assess fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits
we will use information about race or national or ethnic origin, religious, philosophical or moral beliefs, or sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting
Do we need your consent?
We do not need your consent if we use special categories of personal information in accordance with our written policy to carry out our legal obligations, or for one of the other reasons outlined above: ‘How we use particularly sensitive personal information’.
In limited circumstances, if the need arises, we will approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Automated decision making
Automated decision making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision making in the following circumstances:
where we have notified you of the decision and given you 21 days to request a reconsideration
where it is necessary to perform a contract with you and appropriate measures are in place to safeguard your rights
in limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights
If we make an automated decision based on any particularly sensitive personal information, we must have explicit written consent, and we must also put in place appropriate measures to safeguard your rights.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision making, unless we have a lawful basis for doing so and we have notified you.
How we store personal data
Personal data will be stored in a secure information technology systems. We put in place appropriate security measures to prevent 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 only employees, agents, contractors and other third parties who have a business need to know. They will only process personal information on our instructions.
Third parties will only process personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure, in a contractual arrangement.
We have put in place procedures to deal with any suspected data security breach and will notify you and the Information Commissioner’s Office (ICO) of a suspected breach where we are legally required to do so.
With whom we will be sharing personal data
We will in some circumstances have to share data with third parties, including third-party service providers. We require third parties to respect the security of data and to treat it in accordance with the law. We will in some circumstances transfer personal information outside the EU. If we do, you can expect a similar degree of protection in respect of personal information.
Why might we share personal information with third parties?
We will share personal information with third parties where required by law; where it is necessary to administer a working relationship; where it is in the public interest to do so or where it is necessary for the performance of the app. This will, in some circumstances, involve sharing special categories of personal data.
How secure is information with third-party service providers?
All our third party service providers are required to take appropriate security measures to protect personal information in line with our policies. We do not allow our third party service providers to use personal data for their own purposes. We only permit them to process personal data for specified purposes and in accordance with our instructions.
What about other third parties?
If required, we will need to share personal information with regulators or to otherwise comply with the law.
Transferring information outside the EU
We will, if necessary, transfer the personal information we collect to other departments outside the EU to perform our obligations or duties under the law.
Sharing personal data
Where necessary or required and in accordance with the law, we share information with:
the data subjects
relatives, guardians or other persons associated with the data subject
current, past or prospective employers of the data subject
healthcare, social and welfare advisers or practitioners
education, training establishments and examining bodies
business associates and other professional advisers
personnel and agents of the data controller
suppliers, providers of goods or services
financial organisations and advisers
survey and research organisations
trade, employer associations and professional bodies
voluntary and charitable organisations
ombudsmen and regulatory authorities
law enforcement agencies
For how long we will keep personal data, or criteria used to determine the retention period
We will only retain personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements (the 'retention period').
After the retention period has elapsed all data will be destroyed securely. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of personal data, the purposes for which we process personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances, we will anonymise personal information so that it can no longer be associated with the subject, in which case we will use such information without further notice. Ex-employee and former contractors data will be retained and securely destroyed in accordance with applicable laws and regulations.
Duty to inform
It is important that the personal information we hold is accurate and current. Data subjects should keep us informed if your personal information changes during your working relationship with us.
Data subject rights
Under certain circumstances, by law, data subjects have the right to:
Request access to personal information
This enables people to receive a copy of the personal information we hold about them and to check that we are lawfully processing it.
If you want to find out if we hold any personal information about you, or want to make any corrections, you can make a ‘subject access request’ (SAR) under the data protection legislation. If we do hold information, we will:
give you a description of it
tell you why we are holding it
tell you to whom it has, or will be disclosed, in particular if it has been disclosed to international organisations
let you have a copy of the information in a form that is as clear and understandable as possible
Please be as specific as you can about the information you want. Please email the Data Protection Officer on firstname.lastname@example.org with 'SAR' in the email title or body.
There are a small number of cases where we do not have to give you the information you have asked for. For example, if we are using data for the purposes of investigating, preventing or detecting crime, or apprehending or prosecuting offenders where to do so would be likely to prejudice those purposes. In cases where it is known the police are investigating, or prosecuting offences, we will ask for their view on whether providing you with the information would prejudice their activities.
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. Please email the Data Protection Officer on email@example.com to request any correction which cannot be completed through the app.
Request erasure of your personal information
This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing. Please email the Data Protection Officer on firstname.lastname@example.org to request erasure of personal information.
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 which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes. Please email the Data Protection Officer on email@example.com to object.
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 or the reason for processing it. Please email the Data Protection Officer on firstname.lastname@example.org to request a restriction.
Request the transfer of your personal information
Allows you to obtain and reuse your personal data for your own purposes across different services. If you want to verify, correct, or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please make a request to the Data Protection Officer on email@example.com.
UK Government guidance is also available on Data Protection: rights for data subjects page.
Right to withdraw consent
In some circumstances where you have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.
To withdraw your consent, please contact the Data Protection Officer on firstname.lastname@example.org.
Once Enewable have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we are allowed under the law to charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we can refuse to comply with the request in such circumstances.
What we need from you
To comply with your request, we sometimes need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Further information can be found at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
How to complain
If you are unhappy with how any aspect of this privacy notice, or how your personal information is being processed, please contact:
Data Protection Officer
26 Queens Road
We will acknowledge your complaint within 5 working days and send you a full response within 20 working days. If we can’t respond fully in this time, we will write and let you know why and tell you when you should get a full response.
If you are still not happy, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO):
Information Commissioner’s Office
Tel: 0303 123 1113
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We will also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please email the Data Protection Officer on: email@example.com.