Who we are:

Name: Fathm Ltd.
Address: Palmeira Avenue Mansions, 19 Church Road, Hove, East Sussex, England, BN3 2FA
Company Registered in England and Wales Number: 12139797
E-mail: privacy@fathm.co
Date Created/Updated: 8th February 2023

In this privacy notice, we will refer to ourselves as ‘we’, ‘us’ or ‘our’. We are the Data Controller of the personal information we collect, hold and use about you.

We take the privacy, including the security, of personal information we hold about you seriously.
This privacy notice is designed to inform you about how we collect information about you and how we use that information during the recruitment process.

You should read this privacy notice carefully so that you know and can understand how we use the information we collect and hold about you and how long it will be retained for.

We have appointed Fergus Bell as our Data Protection Manager. You can contact him using the following details: privacy@fathm.co.

We may issue you with other privacy notices from time to time, including when we collect personal information from you. This privacy notice is intended to supplement these and does not override them.

We may update this privacy notice from time to time and we will provide you with a copy or with access to the revised notice if and when we update it.

1. Key Definitions

1.1. The key terms that we use throughout this privacy notice are defined below, for ease:

1.2. Data Controller: under UK data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used. We are the data controller in relation to the information we collect about you during your employment (or other working relationship) with us.

1.3. Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller.

1.4. Personal Information: in this privacy notice, we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information that has been anonymised.

1.5. Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.

2. Details of personal information that we collect and hold about you

2.1. Set out below are the general categories and in each case the types of personal information that we collect, use and hold about you during the recruitment process:

• General Category: Types of Personal Information in that category

• Identity Information: This is information relating to your identity such as your name (including any previous names and any titles that you use), gender, age and date of birth, photographs and images.

• Contact Information: This is information relating to your contact details such as email addresses (including private email addresses), addresses, telephone numbers, and social media account ID/username.

• Recruitment Information: This is information relating to your recruitment such as application forms, CVs and covering letters, employment history, information you give to us during interview, interview notes references, details of background checks, details of your qualifications, details of any professional memberships and details of any assessments or tests.

• Support needs information: This is information that you give us about any support needs you may have in order to participate fully in the recruitment process and may include health information.

2.2. If you are successful in being offered the role or job you have applied for, we will obtain further personal information from you, which will be treated in line with our Employee, Contractors and Workers Privacy Notice.

3. Details of special information that we collect and hold about you

3.1. Special information is explained in Section 1 above. We may collect and hold the following types of special information about you: - health;

3.2. Where we do hold special information about you, then our retention periods are as follows:

• Type of Special Information: Details of any support needs you may have that need to be met in order for you to be able to participate in our recruitment process and carry out the role you are applying for.

• Retention Periods: Until 12 months after recruitment processes have been completed.

3.3. We do not collect information from you relating to criminal convictions or offences.

4. Details of how and why we use personal information

4.1. We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below, but in most cases we will use your personal information for the following legal reasons:

• Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you or steps taken at your request prior to entering into a contract with you (which will usually be a contract of employment or contract for services);

• Legitimate Interests Reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests; and

• Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound.

4.2. As explained in Section 3 above, there are more sensitive types of personal information, which require higher levels of protection. Where we process such sensitive types of personal information, we will usually do this in the following circumstances:

1. We have your explicit consent;

2. Where it is necessary in relation to employment law;

3. Where it is necessary for the purposes of occupational medicine or for assessing your working capacity;

4. Where it is necessary to protect your vital interest of those of another person (and you are not able to give your consent);

5. Where it is necessary in relation to legal claims;

6. Where you have made the personal information public.

4.3. If you do not provide us with the personal information we need, we may not be able to consider you for the role or job or we may not be able to meet a legal obligation. For example, if you do not provide us with your employment history, we will not be able to consider your application. Or, we may not be able to employ or hire you if you do not provide us with references.

4.4. It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. For example, if you move address and do not tell us, then we may send important documents to your previous address.

4.5. One other legal basis for use of personal information is where your consent has been obtained (Consent Reason). However, it is extremely unlikely that we will rely on consent as the legal reason for using your personal information. If, for any reason, we do wish to rely on your consent, then we will provide you with details of what we require and why so that you are fully informed. Your employment (or services) contract is not conditional upon you providing your consent. Where we do rely on consent for a specific purpose as the legal reason for collecting and using your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent for a specific purpose, we will stop processing your personal information for that purpose unless we have another legal reason for processing your personal information – in which case, we will confirm that reason to you.

4.6. We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information, and we have indicated whether or not those purposes may mean we collect and use Special Categories of personal information about you (and, in each case, an indication of what those Special Categories might be). Please also note the following:

• if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what those legitimate interests are; and

• for some of the purposes, we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal information for that purpose, please contact us using the contact details set out at the start of this privacy notice.

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• Purpose: To assess your suitability for the vacancy

• Legal Reason(s) for using the personal information: Contract Reason - Legitimate Interests Reason (to appoint someone to fill a vacancy and develop our business)

• Does this involve Special Categories of Personal Information?: No

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• Purpose: To correspond with you about the vacancy, your application and our decision, including (where relevant) to invite you for interview

• Legal Reason(s) for using the personal information: Contract Reason - Legitimate Interests Reason (to appoint someone to fill a vacancy and develop our business)

• Does this involve Special Categories of Personal Information?: No

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• Purpose: To decide whether to recruit, appoint or employ you

• Legal Reason(s) for using the personal information: Contract Reason - Legitimate Interests Reason (to appoint someone to fill a vacancy and develop our business)

• Does this involve Special Categories of Personal Information?: No

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• Purpose: To make decisions about the terms of your contract with us, including how much to pay you

• Legal Reason(s) for using the personal information: Contract Reason – Legitimate Interests Reason (to appoint someone to fill a vacancy and develop our business)

• Does this involve Special Categories of Personal Information?: No

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• Purpose: To carry out background checks and other relevant checks and to obtain references

• Legal Reason(s) for using the personal information: Contract Reason - Legitimate Interests Reason (to appoint someone to fill a vacancy and develop our business and to assess suitability for the role) - Legal Obligations Reason - Consent Reason

• Does this involve Special Categories of Personal Information?: No

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• Purpose: To provide you with feedback if you ask for it

• Legal Reason(s) for using the personal information: Legitimate Interests Reason (to provide you with feedback for your personal development)

• Does this involve Special Categories of Personal Information?: No

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• Purpose: To make reasonable adjustments in respect of any health-related matter or disability

• Legal Reason(s) for using the personal information: Legal Obligations Reason

• Does this involve Special Categories of Personal Information?: Yes – Health information

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• Purpose: To ensure the health and safety of you, other staff, visitors, customers and others

• Legal Reason(s) for using the personal information: Legal Obligations Reason

• Does this involve Special Categories of Personal Information?: Yes – Health information

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• Purpose: To comply with relevant laws that are applicable to us, including employment laws, tax laws and health and safety laws

• Legal Reason(s) for using the personal information: Legal Obligations Reason

• Does this involve Special Categories of Personal Information?: Yes – Health information

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• Purpose: To monitor compliance with our policies and to keep records in relation to our recruitment processes

• Legal Reason(s) for using the personal information: Legal Obligations Reason

• Does this involve Special Categories of Personal Information?: No

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• Purpose: To investigate, claim and/or defend us in respect of any legal claim or dispute or to comply with any order of a court or authority

• Legal Reason(s) for using the personal information: Contract Reason – Legal Obligations Reason - Legitimate Interests Reason (in order to make claims or defend our business)

• Does this involve Special Categories of Personal Information?: Yes – Health information

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• Purpose: To inform you of any future opportunities and vacancies

• Legal Reason(s) for using the personal information: Consent Reason

• Does this involve Special Categories of Personal Information?: No

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4.7. We can use your personal information without your knowledge and without your consent where this is legally required or allowed.

4.8. Under data protection laws, we can only use your personal information for the purposes we have collected it, unless we consider that the new purpose is compatible with the purpose(s) for which we collected it. If we want to use your personal information for a different purpose that we do not think is compatible with the purpose(s) for which we collected it then we will contact you to explain this and what legal reason is in place to allow us to do this.

4.9. Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together with other personal information and you are not identifiable from that combined data, we are able to use this.

5. Details of how we collect personal information and special information

5.1. We will usually collect information about you during recruitment directly from you (whether by application form, CVs, interviews or otherwise).
5.2. We may also collect information from third parties such as:

• Suppliers of background checks which provide us with Identity and Recruitment Data;

• References from your former employers, which provide us with Recruitment Data.

6. Details about who Personal Information may be shared with

6.1. We may need to share your personal information with other organisations or people. These organisations include:

Third parties who are not part of our group. These may include:

• Suppliers: such as background-check providers, recruitment agencies, IT support services, administration providers, accountants, and others;

• Government bodies and regulatory bodies: such as HMRC, fraud prevention agencies, and others;

• Our advisors: such as lawyers and auditors;

• Our bankers;

• Any organisations that propose to purchase our business and assets – in which case, we may disclose your personal information to the potential purchaser.

6.2. Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with third parties, we require them to keep your personal information confidential, to keep it secure and to only use it for the agreed purposes. Where we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them.

7. Details about transfers to countries outside of the UK and EEA

7.1. If any transfer of personal information by us will mean that your personal information is transferred outside of the UK and EEA, we will ensure that safeguards are in place to ensure that a similar degree of protection is given to your personal information as is given to it within the UK and EEA and that the transfer is made in compliance with data protection laws (including where relevant any exceptions to the general rules on transferring personal information outside of the UK and EEA that are available to us – these are known as ‘derogations’ under data protection laws). We may need to transfer personal information outside of the UK and EEA to the third parties listed above in Section 6 who may be located outside of the UK and EEA.

7.2. The safeguards set out in data protection laws for transferring personal information outside of the UK and EEA include:

1. where the transfer is to a country or territory that the UK or EU Commission has approved as ensuring an adequate level of protection;

2. where personal information is transferred to another organisation within our group, under an agreement covering this situation which is known as 'binding corporate rules';

3. having in place a standard set of clauses that have been approved by the UK or EU Commission;

4. compliance with an approved code of conduct by a relevant data protection supervisory authority (in the UK, this is the Information Commissioner’s Office (ICO);

5. certification with an approved certification mechanism;

6. where the UK or EU Commission has approved specific arrangements in respect of certain countries;

7. where a specific exception set out in data protection legislation applies.

8. Details about how long we will hold your personal information

8.1. We will only hold your personal information for as long as is necessary.

8.2. If you are unsuccessful, we will keep your personal information for 12 months following the date on which we inform you of our decision not to appoint/recruit you. We keep it for this period in case of any legal claim made against us about the recruitment process. If a claim is made, then we will hold your personal information for as long as is necessary in relation to that claim, including to comply with our legal obligations following the conclusion of the claim.

8.3. If you are successful, your personal information will be transferred to your employment/worker records and will be treated in line with our Employee, Contractors and Workers Privacy Notice.

8.4. Even if you are not successful, we may ask you, or you may ask us, to keep your personal information on our records in case a suitable opportunity arises in the future. If this is the case, we will ask for your consent to keep this personal information for a set period. Please note that you always have the right to withdraw your consent (see Section 4.5 above).

9. Automated decision making

9.1. Automated decision making is where a decision is automatically made without any human involvement. Under data protection laws, this includes profiling. Profiling is the automated processing of personal information to evaluate or analyse certain personal aspects of a person (such as their behaviour, characteristics, interests and preferences).

9.2. Data protection laws place restrictions upon us if we carry out automated decision making (including profiling) that produces a legal effect or similarly significant effect on you.

9.3. We do not carry out automated decision making (including profiling) that produces a legal effect or similarly significant effect on you. If we do decide to do this, we will notify you and we will inform you of the legal reason we are able to do this.

10. Your rights under data protection law

10.1. Under data protection laws, you have certain rights in relation to your personal information, as follows:

• Right to request access: (this is often called subject access). This is the right to obtain from us a copy of the personal information that we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.

• Right to correction: this is the right to request that any incorrect personal information is corrected, and that any incomplete personal information is completed.

• Right to erasure: (this is often called the right to be forgotten). This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase your personal information.

• Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.

• Right to data portability: this right only applies in certain circumstances. Where it does apply, you can request us to transfer your personal information to someone else.

• Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see Section 4 above) and there is something about your particular situation that means that you want to object to us processing your personal information. In certain circumstances, you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).

10.2. In addition to the rights set out in Section 10.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in Section 4.5.

10.3. If you want to exercise any of the above rights in relation to your personal information, please contact us in writing (which includes email) using the details set out at the beginning of this notice. If you do make a request, then please note:

• we may need certain information from you so that we can verify your identity;

• we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and

• if your request is unfounded or excessive, then we may refuse to deal with your request.

11. Complaints

If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.