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Fair Processing Notice for Leavers

Introduction

At Officebroker.com Ltd, we respect your personal data. This Fair Processing Notice explains how we will use your personal data when you become a leaver (ie cease to be an employee or director).

Our head office address is:
Pacific House Relay Point,
Wilnecote,
Tamworth,
Staffordshire,
B77 5PA

The person with responsibility for data protection is Liz Yorke and she can be contacted at mydata@officebroker.com

 

What personal data do we collect about you? How will we use that personal data?

When your employment or directorship comes to an end, we must hold on to certain personal data to meet our legal obligations.
Any data we do not need will be destroyed in line with our retention policy, which is mentioned later in this notice.

When you start

When you are employed by us, we will collect and process a wide variety of your personal data. We start by collecting the personal data on your CV and the information that we gathered from you during the recruitment process. This personal data forms the start of your HR file.

In order for you to be employed by us, we will collect your name, home address, NI number, date of birth, employment start date and your signature. We will need your P45 form, if you have one. We also need to see your passport, birth certificate or other suitable document as proof of your right to work in the UK. These documents contain information about your country of origin, which is considered “Special Category” data under GDPR. We have to take a copy of these documents to fulfil our legal obligations as your employer. Rest assured, we do not do anything with this information except attach a copy to your HR file.

 

Company vehicle

If you use a company vehicle then we will take a copy of your driving licence, ask you to tell us about any driving convictions and send this data to our insurance company. We will also carry out a DVLA licence check, full details of which can be found at https://www.gov.uk/check-driving-information.

 

Medical conditions

We ask you to declare any medical conditions we need to know about to make reasonable adjustments to your working environment, or to ensure your safety.  This is classed as “Special Category” data and therefore should be declared only to your line Manager or HR team. We will continue to collect information about your health, such as when you are ill, have had an accident, require spectacles or have a medical or dentist appointment during your time with us. We need to process this personal data in order to fulfil our legal obligations to you as your employer, as a requirement of your employment contract.

 

Pregnancy / Paternity

If you become pregnant, we will process your health data in order to assure ourselves, and you, that the workplace is safe for you. You also have rights in the workplace when you are pregnant and we will process your health data and proof of your baby’s birth in order to fulfil your rights for maternity leave.

If you wish to take paternity leave, we will process your personal data (your name and your request) in order to fulfil your legal right to do so. We may ask you to provide a copy of the full birth certificate.

 

Pay

In order to pay you, we will need your NI number and your bank account details. We may also receive court orders that require us to make deductions from your pay (eg. non-payment of council tax or child maintenance.)

 

Formal procedures

Whilst we hope it never happens, there may come a time that we will be required to process your personal data during formal processes such as disciplinary, grievance, absence etc. This data may be shared with our legal advisors, HMRC, Police or any other relevant third parties.

 

Pensions

We provide pensions for our staff and need to process your name, date of birth, NI number and your salary information in order to do this.

 

Photo / Image

Your image in a photo or video is your personal data. We may wish to use your image on our website or other marketing information in order to promote the firm but will always seek your consent for this. You do not have to agree that we can use your image – it is completely your choice.

We want you to know that Officebroker.com Ltd operates CCTV for the safety of our employees, visitors and property. This is recorded on a local server and only our reception team, management team and external security supplier have access. The data is deleted is automatically after three months.

 

Emails

We monitor email traffic and in doing so, we may process your personal data, such as your personal email address, your IP address and the MAC address.

 

Signature

During the course of your employment, you were required to put your name on or sign a wide variety of documents.  Your name or signature is your personal data but the contents of the document, unless it is about you, is not your personal data.

What is our legal basis for processing your personal data?

We need a legal basis in order to process your personal data.  Most of our processing is because we either have a legal obligation to process the data or because we have a contract of employment with you. On occasion, we will seek your consent to process your personal data but you are free to refuse.

We will process the following personal data because we have a legal obligation to do so:

  • your passport, birth certificate or other suitable document to ensure that you have the right to work in the UK
  • your name, home address, gender, NI number, date of birth and signature are processed because we are required to do so by HMRC
  • we will process your health data if you were ill or had an accident because we have a legal obligation to do so
  • if you took paternity leave, we will process your personal data because we have a legal obligation to fulfil your rights for paternity leave
  • if you are involved in a disciplinary or grievance process, we will process your personal data because we have a legal obligation to provide evidence of any disciplinary or a grievance process
  • we have a legal obligation provide pensions for our staff and we need to process your name, date of birth, NI number and your salary information in order to do this

We will process the following personal data because you have consented for us to do so:

  • we can only use your image in a photo or video for marketing purposes with your consent. You may withdraw your consent at any time but this will not affect our use of your image while we had your consent.

We will process the following personal data because we believe that we have a legitimate interest in doing so:

  • The contents of your Officebroker.com email boxes will be retained until the business no longer requires it. This processing is necessary for the continuation of our business after you leave.
  • During the course of your employment, any corporate documents you signed (eg customer agreements) on behalf of Officebroker.com Ltd will be retained as it is necessary for the running of our business.

You have the right to object to our processing your data using legitimate interest.  Please speak to us if you have any concerns.

 

Do we use any automated decision making?

We do not use any automated decision making.

 

Who do we share your personal data with?

We share your personal data with the following recipients:

  • HMRC
  • our software providers
  • potentially ACAS and an Employment Tribunal
  • government agencies

 

Do we transfer your personal data outside of the EU or EEA?

We do not transfer your personal data outside of the EU.

 

How long do we keep your personal data for?

We will hold your data for 7 years from the end of your employment. This because we have a legal obligation to provide 6 full tax years’ records to HMRC and other agencies if requested.

 

Your rights as a data subject

The GDPR gives you rights as a data subject. You have:

  1. the right to request from us access to your personal data;
  2. the right to request from us rectification of your personal data;
  3. the right to request from us erasure of your personal data;
  4. the right to request from us restriction of processing your personal data;
  5. the right to object to our processing of your personal data;
  6. the right of data portability;
  7. if we are processing your personal data on the basis of your consent, you have the right to withdraw your consent at any time. This does not affect the lawfulness of processing based on your consent before you withdrew it; and
  8. You have the right to complain to the ICO.

More information on your rights can be found in Chapter 3 of the GDPR.