What is the purpose of this document?
Lumeon Limited is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. You are being sent a copy of this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). It makes you aware of how and why your personal data (Candidate Data) will be used, namely for the purposes of the recruitment process, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
By making available your Candidate Data, as defined below, you confirm that:
– You have reviewed this Notice and agree that Lumeon may process your Candidate Data in accordance with this Notice;
– You have provided any notices and obtained any consents needed to provide information concerning others (e.g., information about employment references); and
– Your Candidate Data may be transferred and processed worldwide, including the US and other countries that may not be deemed to provide the same level of data protection as your home country, for the purposes and in the manner specified in this Notice.
Lumeon will process Candidate Data in accordance with this Notice, unless in conflict with requirements of applicable law, in which case applicable law will prevail.
Your consent to the provisions of this Notice is required in order to submit or make available Candidate Data. If you decline to submit or make available your Candidate Data, it may affect your ability to apply for or receive an offer of employment.
This Notice does not form part of any contract of employment offered to candidates hired by Lumeon.
Candidate Data is identifiable information that an individual makes available to Lumeon in connection with the recruiting process. Lumeon may collect Candidate Data directly from a job candidate or from third parties, for example, in connection with a background or employment check or employment reference, subject to your consent where required by law. Candidate Data may include a variety of information, such as information referred to under the “the kind of information we hold about you”- section.
Processing refers to any action performed on Candidate Data, such as collecting, recording, organizing, storing, transferring, modifying, using, disclosing, or deleting.
Sensitive Candidate Data is Candidate Data concerning nationality or citizenship, race or ethnic origin, criminal history, or trade union membership. Lumeon does not request or consider information concerning religion, sex life or political opinions in connection with recruiting.
Data Protection Principles
We will comply with data protection law and principles, which means that your Candidate Data will 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; and Kept securely.
The kind of Information We hold about you
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you (“Candidate Data”):
– The information you have provided to us in your curriculum vitae and covering letter;
– The information you have provided on our application form, including name, title, address, telephone number, personal email address, date of birth, employment history/job data, qualifications and education, candidate status, compensation, contact information;
– Any employer feedback;
– Any questionnaire and test results; and
– Any information you provide to us during an interview.
How is your personal information collected?
You may use various electronic and paper methods to submit Candidate Data to Lumeon. We collect Candidate Data about candidates from the following sources:
– You, the candidate’
– From third parties, for example, from recruiters, in connection with a background or employment check or an employment reference (subject to your consent where required by law);
– To the extent permitted by law from a recruiting or other websites;
– From a publicly accessible source such as social media and job boards.
How we will use information about you
Lumeon processes Candidate Data for legitimate human resources and business management purposes and will use the Candidate Data we collect about you to:
– Assess your skills, qualifications, and suitability for the role;
– Carry out background and reference checks, where applicable;
– Communicate with you about the recruitment process;
– Keep records related to our hiring processes;
– Analyse the hiring process and outcomes; and
– Comply with legal or regulatory requirements.
It is in our legitimate interests to decide whether to appoint you to the role since it would be beneficial to our business to appoint someone to that role.
We also need to process your Candidate Data to decide whether to enter into a contract of employment with you.
Having received your CV and covering letter or your application form and where applicable the results from the test which you took, we will then process that Candidate Data to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the Candidate Data you provide to us at the interview to decide whether to offer you the role. If we decide to offer you the role, we may then take up references and carry out a criminal record before confirming your appointment.
If you are hired, Candidate Data may be used in connection with your employment consistent with Lumeon’s employment data protection policies.
In addition to using Candidate Data for the position for which you have applied, Lumeon may retain and use your Candidate Data to consider you for other positions. If you do not want to be considered for other positions or would like to have your Candidate Data removed, you may contact Lumeon as specified below.
If you fail to provide personal information
If you fail to provide Candidate Data when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require references for this role and you fail to provide us with relevant details, we will not be able to take your application further.
How we use particularly sensitive personal information
We will use your particularly sensitive personal information in the following ways:
– We will use Candidate Data about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview. If you have a disability and would like Lumeon to consider an accommodation, you may provide that information during the recruiting process; and
– To the extent you make Sensitive Candidate Data available to Lumeon, you consent to Lumeon processing such Candidate Data in accordance with this Notice.
Information about criminal convictions
Lumeon may perform background and criminal checks where permitted by law, and may process other Sensitive Candidate Data, such as citizenship or nationality information or health information, when relevant for a position and permitted by law. If Lumeon intends to collect Sensitive Personal Data from third parties, you will be provided notice and the opportunity to consent.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
Why might you share my personal information with third parties?
Lumeon may transfer Candidate Data to external third-party providers performing certain services for Lumeon. We only permit them to process your Candidate Data in accordance with our instructions and as specified in the applicable service contract, and Lumeon requires the providers to undertake security measures consistent with the protections specified in this Notice.
Lumeon may be required to disclose certain Candidate Data to other third parties (1) as required by law; (2) to protect Lumeon’s legal rights to the extent authorized or permitted by law; or (3) in an emergency where the health or safety of a candidate or other individual may be endangered. In addition, in the event of a re-organization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of Lumeon’s business, Lumeon may transfer Candidate Data to successor entities or parties.
Lumeon may transfer data outside of the European Union, for example, to Lumeon Inc. Where any Candidate Data is to be transferred outside of the European Union, Lumeon will ensure that the company complies with European Union data protection regulations, for example, in the United States that the company is regulated with Privacy Shield.
In the event of the third country company not being Privacy Shield certified, the Company will ensure adequate privacy protection by using the Standard Contractual Clauses suggested by the EU Commission.
We have put in place appropriate technical and organizational measures to protect the integrity, confidentiality, security, availability of Candidate Data and to prevent your Candidate Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Candidate Data to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your Candidate Data on our instructions and they are subject to a duty of confidentiality.
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.
How long will you use my information for?
Unless required for tax or other legal purposes or in connection with employment as specified above, Candidate Data will be retained for a maximum of three years (or less where required by law), with the exception of email communication, in line with Lumeon’s data protection policy.
Right of Access, Correction, Erasure, and Restriction
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
– Request access to your Candidate Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Candidate Data we hold about you and to check that we are lawfully processing it, except where retention is required by your contractual relationship with Lumeon, in the context of a legal dispute, or as otherwise required by law. If access is denied, the reason for the denial will be communicated to you;
– Request correction of the Candidate Data that we hold about you. This enables you to have any incomplete or inaccurate Candidate Data we hold about you corrected, except where retention is required by your contractual relationship with Lumeon, in the context of a legal dispute, or as otherwise required by law. If correction is denied, the reason for the denial will be communicated to you;
– Request erasure of your Candidate Data. This enables you to ask us to delete or remove Candidate Data 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 Candidate Data where you have exercised your right to object to processing (see below). Foregoing does not apply except retention is required by your contractual relationship with Lumeon, in the context of a legal dispute, or as otherwise required by law. If deletion is denied, the reason for the denial will be communicated to you;
– Object to processing of your Candidate Data 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 Candidate Data for direct marketing purposes;
– Request the restriction of processing of your Candidate Data. This enables you to ask us to suspend the processing of Candidate Data, for example if you want us to establish its accuracy or the reason for processing it; and
Request the transfer of your Candidate Data to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your Candidate Data, or request that we transfer a copy of your Candidate Data to another party, please contact the Head of HR at email@example.com in writing.
Right to Withdraw Consent
When you applied for this role, you provided consent to us processing your Candidate Data for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact the Head of HR at firstname.lastname@example.org. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your Candidate Data securely.
Data Protection Officer
We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO at email@example.com. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.