Privacy Notice for Personnel

1. INTRODUCTION

The Beaumont Hotel Limited is committed to protecting the privacy and security of your personal data.

This privacy notice applies to The Beaumont Hotel Limited, a company incorporated in England and Wales with its registered office at 8 Balderton Street, Brown Hart Gardens, London W1K 6TF, referred to in this privacy notice as "we", "us" and "our". It describes how we collect and use personal data about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (the DPA).

The Beaumont Hotel Limited is a "data controller". This means that we are responsible for deciding how we hold and use personal data about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

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.

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 data about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

2. DATA PROTECTION PRINCIPLES

We will comply with data protection law. This says that the personal data 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.

3. WHAT PERSONAL DATA WE COLLECT ABOUT YOU

Personal data 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).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation. Information about criminal convictions also warrants this higher level of protection. We typically collect, store, and use the following categories of personal data about you:

  • personal details, such as name, title, addresses, telephone numbers, personal email addresses, data of birth, gender, marital status, emergency contact and next of kin details, country of residence, national insurance number, salary pension and benefits information, bank details, PAYE and tax related details;
  • professional details, such as your work contact details, CV, details of your qualifications, relevant experience and skills;
  • your application form and references;
  • any contract of employment and any amendments to it;
  • correspondence with or about you, including any letters to you regarding your employment (e.g. letters regarding any pay raise);
  • information needed for payroll, benefits and expenses purposes, records of holiday, sickness and other absence;
  • Identification documentation, such as copies of your passport, driving licence or other right to work documentation;
  • HR related records - start date or other date of continuous employment, training, appraisal / performance assessments, absence and time-keeping records, disciplinary, grievance or capability proceedings, equal opportunities data, references and background checks, medical records;
  • records relating to your employment history, such as training records, appraisals, evaluations (including performance evaluations, upward feedback, and self-evaluations), other performance measures and, where appropriate, disciplinary and grievance records;
  • information about any actual or alleged criminal or civil offences;
  • details of your access to our premises, including CCTV footage and other information obtained through electronic means such as swipe card records, and details of your access to our systems, software, websites and applications including access location and communications data; and
  • photographs (in particular the photograph taken if you for your personnel file) and any other images / films of you taken whilst working on our premises.

Health and other special categories of data

Where necessary, we may keep information relating to your health, which could include reasons for absence and doctors' reports and notes. This information will be used in order to comply with our health and safety and occupational health obligations - to consider how your health affects your ability to do your job and whether any adjustments to your job might be appropriate. We will also need this data to administer and manage maternity/paternity pay, sick pay, health insurance, and any life insurance coverage.

Where we process special categories of information relating to your racial or ethnic origin, political opinions, actual or alleged criminal offences, religious and philosophical beliefs, trade union membership, biometric data or sexual orientation, we will process such personal data with your explicit written consent, unless the processing is necessary to carry out our legal obligations (or is otherwise required or permitted under law) or exercise rights in connection with employment. We apply the same approach to processing information about criminal convictions. If we are processing your data because you have given us your explicit consent to our doing so, you can withdraw your consent at any time.

Less commonly, we may process this type of information where it is needed in relation to legal claims; if the information is required to protect your health in an emergency; where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent; or where you have already made the information public.

4. HOW WE COLLECT YOUR PERSONAL DATA

Much of the information we hold will have been provided by you, for example during the recruitment process but some may come from other internal sources, such as your supervisor, or in some cases, external sources, such as referees or referencing agencies, recruitment agents or the Disclosure and Barring Service, where any criminal record check is carried out.

5. HOW WE WILL USE INFORMATION ABOUT YOU

We need to keep and process information about you for various different employment purposes. The information we hold and process will be used for our management and administrative use only.

We will process personal data in order to:

  • manage our business and operations. We will keep and use personal data to enable us to run the business, serve our clients, and manage our relationship with you effectively, lawfully and appropriately during the recruitment process, whilst you are employed with us and after you have left;
  • to enable us to comply with and perform our agreements with you;
  • to provide employee benefits to you;
  • for our legitimate interests (reasonable business aims) or those of any third party recipients that receive your personal data. The nature of our legitimate interests is solely related to the provision of services to our clients and the management of our personnel and business processes. We will never process your data to the extent these interests are overridden by your own interests; and/or
  • to comply with our legal obligations and protect our legal position in the event of legal proceedings.

We may use images / films taken of you whilst working at our premises in connection with our legitimate interest to generate goodwill and harmony within the workplace and to promote the business externally to customers to generate sales. We may also record your image on CCTV footage, which is used only where necessary to monitor public areas of the premises to ensure the safety and security of our personnel and guests.

We may also process certain personal data about you where you have given us your express consent to do so (which you may withdraw at any time, as detailed below).

If you do not provide this data, we may be unable in some circumstances to comply with our obligations and we will tell you about the implications of that decision.

We may use automated decision making (including profiling) in limited circumstances involving the screening of job applicants against job descriptions and required skills in order to limit inappropriate applications.

If in the future we intend to process your personal data for a purpose other than that which it was collected we will provide you with information on that purpose and any other relevant information.

6. HOW WE SHARE YOUR PERSONAL DATA

We do not and will not sell your personal data.

We will only disclose your personal data where we are required to do so to comply with our legal or regulatory obligations, where we need to do so for business management or administration purposes, or because you have asked us to. This is likely to include disclosure to:

  • any group company of The Beaumont Hotel Limited (including Beaumont Hotel (Midco) Limited);
  • if you have applied to be or are training as an Apprentice Chef, to NCAL Ltd (a company incorporated in England and Wales under company number 07706354, whose registered office is at Arkers Field, Nash, Canterbury, Kent, CT3 2JU), The Beaumont Hotel Limited's Chef Apprenticeship provider;
  • to third parties who process your personal data on our behalf (such as our payroll provider, IT systems providers and other service providers);
  • to third parties who process your personal data on their own behalf but in connection with a service provided to us or you on our behalf (such as pension providers, background check providers or third parties from whom we request a reference);
  • to companies providing services for money laundering checks, credit risk reduction and other fraud and crime prevention purposes and companies providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such information is shared;
  • to any third party to whom we assign or novate any of our rights or obligations;
  • to any prospective buyer and / or their professional advisors in the event we sell any part of our business or assets to enable them to evaluate the business that they or their clients are seeking to purchase; and/or
  • to any government, regulatory agency, enforcement or exchange body or court where we are required to do so by applicable law or regulation or at their request.

International Transfers of Personal Data

We may use external service providers are based outside of the UK and / or European Economic Area (EEA), so their processing of your personal data will involve a transfer of data outside of the UK and / or EEA (where such data is transferred it may be accessed in or stored in those countries). Whenever we transfer your personal data outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

- where we use certain service providers, we may use specific contracts approved by the European Commission or the UK Information Commissioner which gives personal data the same protection as it has in the UK and the EEA;

- where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

7. HOW LONG WE HOLD YOUR PERSONAL DATA FOR

We will only retain your personal data 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. 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 your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If you make an application for a job with us by email or through the "Peoplebank Applicant Tracking System" your personal data may be retained for a period of up to 6 months, enabling us to make you aware of potentially suitable vacancies during this time. You can let us know at any time if you do not wish to be contacted about any such vacancies by contacting the Head of Personnel & Development at The Beaumont. We retain notes of interviews and registration forms for a period of no more than six months.

In some circumstances we may anonymise your personal data so that you cannot be identified from it, in which case we may use such information without further notice to you.

Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal data in accordance with applicable laws and regulations.

8. HOW WE PROTECT YOUR PERSONAL DATA

The security of your personal data is important to us. We seek to use reasonable physical (e.g. key fob office entry, locking doors), technical (e.g. password protection, network firewalls, laptop encryption, authentication mechanisms), and administrative safeguards (e.g. training, procedures that limit access to and use of data) to protect the information we process. However, no method of transferring data is completely secure. Therefore, while we strive to use reasonable and appropriate means to protect your personal data, we cannot guarantee absolute security.

If we become aware of a data breach and think that it may pose a high risk to your rights, we will notify you without undue delay.

Your information will be held on central databases, computer files, in email record, or as paper records.

9. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.

Your rights in connection with personal data

Under certain circumstances, by law you have the right to:

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal 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 personal data where you have exercised your right to object to processing (see below).
  • Object to processing of your personal 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 personal data for direct marketing purposes.
  • Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal data to another party.

If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact the Head of Personnel & Development at The Beaumont in writing.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may 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 data is not disclosed to any person who has no right to receive it.

10. RIGHT TO WITHDRAW CONSENT

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data 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 Head Of Personnel & Development at The Beaumont. Once we 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.

11. HOW YOU CAN CONTACT US

If you have any queries about the contents of this Privacy Notice, or wish to inform us of a change or correction to your personal data, or would like a copy of the data we collect on you or would like to raise a complaint or comment, please contact Head of Personnel & Development at The Beaumont.

12. LODGING A COMPLAINT WITH THE REGULATOR

You are entitled to lodge a complaint with our data protection regulator if you consider that we have breached your data protection rights. The data protection regulator for the United Kingdom is the Information Commissioner's Office, which can be contacted at:

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113 (local rate) or (+44) 1625 545 745 (national rate)

Fax: 01625 524 510

Email: enquiries@ico.org.uk

We would, however, be grateful if you would contact us in the first instance so we can endeavour to deal with your concerns direct.

13. CHANGES TO THIS PRIVACY NOTICE

We may change or update parts of this Privacy Notice in order to maintain our compliance with applicable law and regulation or following an update to our internal practices. We will provide you with a new privacy notice when we make any substantial updates. We may 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 contact the Head of Personnel & Development at The Beaumont.

This Privacy Notice was updated on 10 December 2018.