Job Applicant Privacy Notice
As part of the recruitment process, Hakkasan Group collects and processes personal data relating to job applicants. The information we hold and process about you will be used for our management and administrative use only. We will use it to enable Hakkasan Group to run its business and manage our relationship with you effectively, lawfully, and appropriately, during the recruitment process.
Hakkasan Group is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
We will comply with data protection law. This says that the personal information we hold about you must be:
- 1. Used lawfully, fairly and in a transparent way.
- 2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- 3. Relevant to the purposes we have told you about and limited only to those purposes.
- 4. Accurate and kept up to date.
- 5. Kept only as long as necessary for the purposes we have told you about.
- 6. Kept securely.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
What information does Hakkasan Group collect?
Hakkasan Group collects and processes a range of information about you. This includes:
- your name, address and contact details, including email address and telephone number;
- details of your qualifications, skills, experience and employment history, including your CV or job application; and
- information about your current level of remuneration, including benefit entitlements.
Hakkasan Group collects this information in a variety of ways. For example, data is collected through application forms, CVs or resumes; obtained from your passport or other identity documents; or through interviews, meetings or other assessments.
Hakkasan Group also collects personal data about you from third parties – specifically, references supplied by former employers.
Data is stored in a range of different places, including in your application record, in Hakkasan Group’s HR management systems, and in other IT systems (including Hakkasan Group’s email system).
Why does Hakkasan Group process personal data, and what legal basis does Hakkasan Group have for processing my personal data?
Hakkasan Group processes your data to take steps at your request prior to entering into an employment contract with you. We may also need to process data to enter into an employment contract with you.
In other cases, Hakkasan Group needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee’s entitlement to work in the UK before employment begins.
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest or for official purposes.
In other cases, Hakkasan Group has a legitimate interest in processing personal data during the recruitment process and for keeping records of that process. Processing applicant data allows Hakkasan Group to:
- run recruitment and promotion processes;
- assess and confirm an applicant’s suitability for employment and to decide to whom to offer a job;
- defend against legal claims;
- ensure effective general HR and business administration.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
Where Hakkasan Group relies on legitimate interests as a reason for processing data, it has already considered whether or not those interests are overridden by the rights and freedoms of employees or workers, and has concluded that they are not.
Some special categories of personal data, such as information about your ethnic origin, sexual orientation, or religion, will be processed to monitor recruitment statistics. It is your choice whether you wish to provide this information, and if you do choose to provide, you can revoke your consent for us to process that data at any time. We may also process data about whether or not a job applicant has a disability that requires Hakkasan Group to make a reasonable adjustment during the recruitment process.
If you are not selected for employment, Hakkasan Group may keep your personal data on file for 6 months after the end of the recruitment process. If you consent to allow Hakkasan Group to keep your personal data on file, we will keep your data on file for an additional 6 months so that we can consider you for future employment opportunities.
Change of purpose
We will only use your 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 purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Who has access to data?
Your information will be shared internally for recruitment decision purposes, including with members of the HR and recruitment team, interviewers involved in the recruitment process, and IT staff if access to the data is necessary for performance of their roles. Hakkasan Group also shares your data with third parties that process data on its behalf in connection with IT systems. If we make an offer of employment, we will then share your data with former employers to check your references.
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
Transferring Information outside of the EU
Your data may be transferred to countries outside the European Economic Area (EEA). Personal data will only be transferred outside the EEA to countries whose data protection laws have been assessed as adequate by the European Commission, or where adequate safeguards, such as the EU-US Privacy Shield, Binding Corporate Rules, or Standard Contractual Clauses are in place. If you would like to obtain a copy of these safeguards, please e-mail firstname.lastname@example.org.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in certain cases where we carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may 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.
Withdrawal of consent
In situations where processing of your data is based upon your consent, you have the right to withdraw your consent at any time. However, your withdrawal of consent does not affect any processing that occurred before your consent was withdrawn. To withdraw your consent, please contact the HR Department or email@example.com.
How does Hakkasan Group protect data?
Hakkasan Group takes the security of your data seriously. Hakkasan Group has internal policies and controls in place to try to ensure that your data is not accessed in an unauthorised way, lost, accidentally destroyed, misused or altered or disclosed, and is not accessed except by its employees in the performance of their duties.
Where Hakkasan Group engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained on request by e-mailing firstname.lastname@example.org.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
For how long does Hakkasan Group keep data?
Hakkasan Group will keep your personal data only as long as is necessary for the purpose(s) for which it was collected. To determine the appropriate retention period for personal data, Hakkasan Group considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes though other means, and applicable legal requirements. Data will be securely destroyed when it is no longer required.
If your application was unsuccessful, we will hold your data for 6 months after the end of the recruitment process. If you consent to allow us to keep your data on file, we will hold it for an additional 6 months so that we can consider you and contact you regarding future job opportunities.
If your application is successful, personal data obtained during the recruitment process will be transferred to your personnel file and retained during your employment. The time periods for which your personal data will be held, in the event you become employed with Hakkasan Group, will be provided to you in a new privacy notice.
If you exercise your right to erasure, Hakkasan Group will continue to maintain a core set of your personal data (name, dates of employment, and date of birth) for record archiving purposes.
As a data subject, you have the following rights:
- Access: Please contact Hakkasan Group if you would like confirmation that your data is being processed and access to your personal data. There is no charge for us providing you with this data and it will usually be provided within a month of the request (unless the request is unfounded or excessive).
- Rectification: Please inform Hakkasan Group of any data which you would like rectified and we will usually respond within a month of the request. We will pass on the changes to any third parties who need to change their records and let you know this has been done.
- Erasure: You may exercise your right to have your personal data erased in some circumstances – for example, if the data is no longer necessary in relation to the purpose for which it was created. Where possible we will comply with all such requests, although some data cannot reasonably be deleted.
- Restrict processing: You may inform Hakkasan Group that we can keep your data but request that we stop processing it, including preventing future communications. If possible, we will inform any third parties to whom your data has been disclosed of your request.
- Data portability: Your data is stored both in physical records and electronically. Upon your request, we will do our best to provide your data in a portable format.
- Object: We will stop processing your data if you object to processing based on Hakkasan Group’s legitimate interests, unless we have compelling grounds for the processing that override your interests, we are legally required to process the data, or the data is necessary for the defense of legal claims.
- Not to be subject to automated decision-making including profiling which produces legal effects or similarly significantly affects you.
If you would like to exercise any of these rights, please email email@example.com. If you feel that Hakkasan Group has not complied with its personal data obligations towards you, you have the right to lodge a complaint with the Information Commissioner’s Office at https://ico.org.uk/concerns.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to Hakkasan Group during the recruitment process. However, if you choose not to provide the information, Hakkasan Group may be unable to process your application properly, or at all. For example, if you do not provide us with personal data we can use to verify your authorization to work in the UK, we will be unable to enter into an employment agreement with you. Similarly, if you do not provide Hakkasan Group with reference information, Hakkasan Group may be unable to confirm your suitability for employment with Hakkasan Group, and therefore unable to enter into an employment relationship with you.
Employment decisions are not based solely on automated decision-making.
As we do not process personal data on a large scale, we do not consider that we are required to designate a statutory data protection officer under applicable data protection law. You have the right to make a complaint at any time with your national data protection authority or other public authority governing the protection of your personal information. We would, however, appreciate the chance to deal with your concerns before you approach such regulatory authority so please contact firstname.lastname@example.org in the first instance.
Identity and Contact Details of Controller
Hakkasan Group Limited, with offices at 3rd Floor, Elsley House, 24-30 Great Titchfield Street, London, W1W 8BF, United Kingdom, is the controller, and in some cases the processor, of data for the purposes of GDPR. If you have any concerns as to how your data is processed or any questions about this privacy notice, you may contact email@example.com.
I hereby acknowledge my receipt of this Job Applicant Privacy Notice.