1. What is this statement?
This is the 'Recruitment Privacy Statement' of Brodies LLP.
This statement applies to individuals applying to work with us, including prospective directors, employees, trainees, apprentices, work experience students, workers, consultants and contractors. It applies whether the work applied for is part time or full time; or permanent, temporary or for a fixed term.
This statement does not apply to individuals applying to become partners with us, who are covered by the separate Partner Recruitment Privacy Statement.
We are a data 'controller', which means we are responsible for deciding how we hold and use your personal information.
This statement explains how and why we will collect and use your personal information in the context of the recruitment process and your rights in relation to your personal information. We may amend this statement at any time.
2. Your personal information
In this privacy statement, 'your personal information' means your personal data i.e. information about you from which you can be identified. Sections 5 and 6 below set out your personal information that we may process.
Your 'personal information' does not include data where the identity has been removed (anonymous data).
It is important that your personal information is accurate and up to date. Please inform us if your personal information changes during the recruitment process.
3. Special categories of personal information
'Special categories of personal information' means information about your racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; health; sex life or sexual orientation; criminal convictions, offences or alleged offences; genetic data; or biometric data for the purpose of uniquely identifying you.
Data marked * in the table at section 5 below, and data described at section 6, falls within these 'special categories' or might disclose special categories of personal information. We must have additional legal grounds for processing special categories of personal information, and these grounds are set out at sections 5 and 6 below.
4. Where does your personal information come from?
Your personal information will come from you or us, and may also come from the following sources:
- Recruitment agencies and apprenticeship providers may provide us with the following personal information: personal contact details, qualifications, schools attended, details of previous employment(s), skills and experience, hobbies and interests, and interview notes.
- Credit reference agencies may provide us with the following personal information: personal contact details, date of birth, details of credit accounts and usage and an overall credit score.
- Former employers or other referees, whom you have given us permission to contact, may provide us with the following personal information: role(s) held, dates of employment, details of skills and capabilities and any other information that helps to assess your suitability for the position applied for.
- Brodies staff may provide us with: personal information about you if they are referring you for recruitment.
- Medical professionals may provide us with the following personal information: information relating to any disability that you may have, the effects of that disability, and adjustments that may need to be made to the recruitment process as a result of that disability.
- Professional bodies such as the Law Society of Scotland, the Law Society of England and Wales, and / or the Solicitors Regulation Authority may provide us with the following personal information: qualifications, registrations, practising certificates, accreditation details and membership details.
- Google and social networking accounts (such as LinkedIn): as part of the recruitment process we may source personal information relating to roles you have held, details of skills and capabilities and any other information that helps us to assess your suitability for the position applied for.
- HM Treasury may provide us with information to confirm that you are not listed on the UK government's financial sanctions list.
- Disclosure Scotland: as described at section 6 below.
- Amiqus may provide us with the following personal information following any job offer (if applicable): photo identification, personal identity information, personal contact details, name history, address history, birth details, details of credit history, credit accounts and usage, credit score, bankruptcies, administration orders, share records, personal insolvencies (BAIs), County Court Judgements (CCJs), electoral role information, financial connections, criminal convictions, offences and alleged offences.
Some of the sources above will only be relevant in certain circumstances, or if you have applied for a particular role. If you would like more information on the source of your personal information, please contact the People Engagement team.
5. Processing your personal information
We may process your personal information during and after the recruitment process. This may include collecting your personal information, recording it, storing it, using it,amending it, destroying it and, in some circumstances, disclosing it.
In general, we process your personal information for the reasons, and on the legal grounds set out in the following table, and also to:
- Retain records relating to the recruitment process;
- Establish, exercise or defend legal claims;
- Comply with the law or requirements of any regulator; and
- Protect your vital interests or those of another person (in exceptional circumstances, such as a medical emergency).
| Reason for processing your personal information | Legal ground(s) for processing, and legitimate interest (where applicable) | Your personal information |
|
|
|
|
|
|
If you have accepted an offer of work from us that is subject to such checks:
|
|
|
|
|
|
|
|
|
|
|
|
|
| The following information you have provided via our equal opportunities monitoring from:
|
6. Information about criminal convictions
To enable us to make recruitment decisions and assess suitability for particular work, we will process information about criminal convictions and offences (including alleged offences) as described in this section 6.
We will process this information to enter a contract with you, to comply with a legal obligation, for our legitimate interests (in selecting suitable employees, workers and contractors), and to exercise or perform employment law rights or obligations.
If you have accepted an offer of work from us that is subject to a criminal record check, we will ask you to obtain a basic disclosure check from Disclosure Scotland and provide us with a copy of this.
7. Data necessary for the contract
Sections 5 and 6 above identify personal information that we may need to enter a contract with you. You are not obliged to provide this information, but if you don't provide it, we may not be able to proceed with the recruitment process or enter into the contract.
8. Statutory requirement to provide your personal information
In some circumstances, the provision of your personal information relates to a statutory requirement. This includes:
- Documentation confirming your right to work in the UK – you are not obliged to provide this information, but if you don't provide it, we will not be able to enter into a contract with you.
9. Sharing your personal information with third parties
We may share your personal information with the following third parties if this is required by law; necessary to enter a contract with you; where there is another legitimate interest in doing so; or where it is necessary to protect your vital interests or those of another person:
- Health professionals and occupational health providers involved in your care, in order to consider reasonable adjustments to the recruitment process for disabled applicants.
- Relevant regulators such as the Law Society of Scotland, The Law Society of England and Wales and the Solicitors Regulation Authority.
- Our professional advisors.
- Our service providers, including IT service providers; information service providers (including Jobtrain, our applicant tracking system).
- Recruitment agencies where you were introduced to us by a recruitment agency. This includes sharing information o enable us to calculate any commission due to the agency.
- Amiqus, for pre-employment screening checks.
- Other third parties as necessary to comply with the law.
10. Automated decision-making
We do not envisage taking any decisions about you based solely on automated processing (i.e. without human involvement), which have a legal or similarly significant effect on you.
11. International transfers
We will only send your personal information outside the United Kingdom:
- if you ask us to;
- where necessary to comply with a legal obligation;
- for important reasons of public interest;
- to establish, exercise or defend legal claims; and/or
- where we are using IT suppliers or service providers outside the United Kingdom.
Some of the IT systems and services we use are cloud-based (for example, iManage and certain AI-enabled services), which means personal information may be hosted in the cloud and accessed by the provider from time to time. These cloud-based systems may be hosted outside the United Kingdom or supported by teams located outside the United Kingdom. Where possible, we will use systems and services where data is hosted in or accessed only from countries or territories recognised under data protection law as providing an adequate level of protection for personal information (an approved destination). For these purposes, member states of the European Union would be an approved destination. Where we engage service providers who host or access data outside the United Kingdom or an approved destination, we will use appropriate safeguards in accordance with data protection law, such as a contract requiring the recipient to protect that information to the same standards as if it were processed within the United Kingdom.
The safeguards we use will depend on the location of the recipient, the function they are performing and the personal information being transferred.
12. Data retention
If you don't start work with us following the recruitment process, we will retain your personal information for twelve months thereafter:
- to allow us to establish, exercise or defend legal claims;
- for our legitimate interests – to enable us to reconsider your application and (if appropriate) contact you, if the position you applied for becomes available again; and
- to allow us to perform our contracts with recruitment agencies and recruiters for the purposes of commission payments.
If you ask us to retain your personal information so that we can contact you to discuss future work opportunities, we will write to you separately, to obtain your explicit consent to retain your personal information for a fixed period of two years on that basis.
Please note that the information you provide to us in the 'equality monitoring' section of your application form will be retained by us indefinitely for monitoring purposes. However, access to this information is strictly limited to certain members of our people engagement team and not released to hiring managers at any time. Information you give to us in this section of the application form is voluntary and is not used to make recruitment decisions. If you start work with us following the recruitment process, we will give you a copy of our Personnel Privacy Statement and will retain your personal information as detailed in the Personnel Privacy Statement.
Complaints
We seek to resolve directly all complaints about how we handle personal information. If you have a complaint about how your personal information has been handled, please follow our complaints process outlined here.
In your complaint, please include your name and contact details, whether you are a client or not, the nature of the complaint and any relevant documents and background information to help us make appropriate enquiries. Please also tell us the outcome you are seeking. Please note that in appropriate cases, we may need to ask you to verify your identity as part of this process, especially if you are not an existing client.
If you submitted a complaint, we will acknowledge receipt of your complaint within 2 working days and provide you with a unique customer number to quote in future correspondence.
We aim to provide you with a substantive response to your complaint within 28 days of receiving all of the information we need to understand and investigate with your complaint. If we are unable to respond within 28 days we will advise you of this as soon as possible and explain why it has not been possible to respond within that timescale.
If you remain dissatisfied, you also have the right to lodge a complaint with the UK's Information Commissioner's Office:
- Online: https://ico.org.uk/make-a-complaint/
- By phone: 0303 123 1113
- By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF