What is the purpose of this notice?

As an employee, within Banijay UK (the “Company”) will hold certain information about you.  This can range from your bank account information (for the payment of salary) to the holiday you have taken in a given year.  We want to hold your information in a transparent way, and not hold more of your data than is necessary.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, and is in accordance with the General Data Protection Regulation (GDPR).

This notice applies to our employees (whether permanent, fixed term or temporary), self-employed workers, sub-contractors, volunteers, interns and apprentices, to manage the working relationship. The Company is committed to being transparent about how we collect and use that data and to meeting our data protection obligations.

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.

It is important that you read this notice, together with any other privacy notice that 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 such information.

Who will hold my data?

Banijay UK is the ‘data controller’ in respect of your personal data.  This means that we are responsible for deciding how we hold and use personal information. In the event that you have data concerns you should address them, in the first instance, to the Human Resources Department.

What information does the Company collect?

The Company collects and processes a range of information about you. This includes:

  • your name, address and contact details, including email address and telephone number, date of birth and gender identity;
  • the terms and conditions of your employment;
  • details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with the Company;
  • information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
  • details of your bank account and national insurance number;
  • information about your marital status, next of kin, dependants and emergency contacts;
  • information about your nationality and entitlement to work in the UK;
  • information about your criminal record (if applicable);
  • details of your schedule (days of work and working hours) and attendance at work;
  • details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
  • details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
  • assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence;
  • information about medical or health conditions, including whether or not you have a disability for which the Company needs to make reasonable adjustments and
  • equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.

The Company collects this information in a variety of ways. For example, data is collected from CVs; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of or during employment (such as personal details forms); from correspondence with you; or through interviews, meetings or other assessments.

In some cases, the Company collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers or from criminal records checks permitted by law.

Data is stored in a range of different places, including in your HR file, in the Company’s HR management systems and in other IT systems (including the Company’s email system).

Why does the Company process personal data?

The Company needs to process data to enter into an employment contract with you and to meet our obligations under your employment contract. For example, we need to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefit, pension and insurance entitlements.

In some cases, the Company needs to process data to ensure that it is complying with its legal obligations. For example, we are required to check your entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable you to take periods of leave to which you are entitled. For certain positions, it is necessary to carry out criminal records checks to ensure that you are permitted to undertake the role in question.

In other cases, the Company has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the Company to:

  • maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights;
  • operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace;
  • operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes;
  • operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which they are entitled;
  • obtain occupational health advice, to ensure that the Company complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled;
  • operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the Company complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled;
  • ensure effective general HR and business administration;
  • provide references on request for current or former employees;
  • respond to and defend against legal claims; and
  • maintain and promote equality in the workplace.

 

What happens to data which is particularly personal to me?

Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes).

Where the Company processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, we will only do so to the extent permitted by law. To the extent possible, data that the Company uses for these purposes will be anonymised or collected with the express consent of employees (and such consent can be withdrawn at any time).

If we collect information of this type we will ensure that it is processed lawfully, fairly and in a transparent manner and collected for a specific purpose.  We will endeavour to keep such information up to date and to not hold it for longer than necessary.  We generally intend to hold such data during your employment and, upon the termination of your employment for a further six months unless there are good reasons for holding data for an extended period (such as circumstances where there is envisaged or ongoing litigation).  At any point you may request that such data is erased or amended.

Given the sensitivity of the data we will also take steps to protect the data against accidental loss, destruction or damage

Who has access to personal data?

Your information will be shared internally, including with members of the HR Department (including payroll), your line manager, managers in the business area in which you work and IT staff if access to the data is necessary for performance of their roles.

The Company shares your data with third parties in order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers and obtain necessary criminal records checks (if applicable). The Company may also share your data with third parties in the context of a sale of some or all of its business. In those circumstances the data will be subject to confidentiality arrangements.

The Company also shares your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits and the provision of occupational health services.

The Company’s payroll provider is a UK based Company, however, a processing team is based in Mauritius and, from time to time, the Company may need to send payroll related personal details such as your name and date of birth to Mauritius for data processing purposes.   The Company has taken contractual steps to ensure that the payroll provider takes appropriate measures to ensure that your data is held and processed appropriately when it is in Mauritius for processing.”

Other than in the situation detailed above, the Company will not transfer your data to countries outside the European Economic Area.

How does the Company protect data?

The Company takes the security of your data seriously. The Company has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.

Where the Company engages third parties to process personal data on our 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.

For how long does the Company keep data?

The Company will typically hold your personal data for the duration of your employment and for 6 years after your employment ends.  However, if the Company no longer has a basis for holding your data it will endeavour to remove it from its systems.

Your rights

As a data subject, you have a number of qualified rights. You can:

  • access and obtain a copy of your data on request;
  • require the Company to change incorrect or incomplete data;
  • require the Company to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing;
  • object to the processing of your data where the Company is relying on its legitimate interests as the legal ground for processing; and
  • ask the Company to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the Company’s legitimate grounds for processing data.

In order to ensure we are informed of any request, it would be preferable for you to provide your request in writing.  If possible, you should make a subject access request by completing the Banijay UK Subject Access Request Form, although you do not have to use the form if you would rather not do so.

If you believe that the Company has not complied with your data protection rights, you should contact the Human Resources Department in the first instance.  However, at any time you can contact the UK Information Commissioner with any queries or complaints.

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 if you do not provide personal data?

You have some obligations under your employment contract to provide the Company with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide the Company with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.

Certain information, such as contact details, your right to work in the UK and payment details, have to be provided to enable the Company to enter a contract of employment with you. If you do not provide other information, this will hinder the Company’s ability to administer the rights and obligations arising as a result of the employment relationship efficiently.