Job Applicant Data Protection Notice
- Purpose and scope of this Notice
ADESA Remarketing Limited and its affiliates in the KAR group of companies (the Group) are committed to ensuring that any personal data it receives in relation to applicants for employment is handled in accordance with applicable data protection laws.
This Notice describes how we collect, store, use and disclose personal data relating to you before, during and after your application for employment with us. If your application is successful and you become an employee, your personal data will be processed in accordance with the Company’s separate Employee Data Protection Notice.
- What categories of personal data do we process?
ADESA Remarketing Limited (the Company) collects as data controller personal data relating applicants for employment. The categories of personal data that are collected, stored and used include, but are not limited to:
- personal details (such as your name, gender, home address, telephone number and personal email address, date of birth, marital status and dependants, social security number, photographs and emergency contact details);
- education-related information (such as your educational history, relevant skills and qualifications);
- job-related information (such as your previous employment history and relevant experience);
- financial information (such as your current level of remuneration and benefit entitlements);
- information and records relating to your identity and right to work (such as details of your passport, driving licence and work permit);
- internally records relating to your application process (such as interview records and correspondence);
- the results of reference, right to work and background checks (including criminal record checks, if required).
We will collect most of this personal data from you directly (for example, when you provide this information as part of your application form, through your CV or during an interview). You are under no statutory or contractual obligation to provide your personal data to us during the application process. However, if you do not provide the information, we may not be able to process your application properly or at all.
The Company may also collect personal data relating to applicants for employment from third party sources, such as referees and, in certain circumstances, background check providers.
- Why we process your personal data
The Company collects, stores and uses this personal data for a number of reasons, for example, for the purposes of:
- recruitment, including conducting and assessing the results of reference, right to work and background checks;
- management, planning and organisation of work, including mobility and travel management;
- conducting and managing learning and development processes, talent management and performance systems and disciplinary and grievance processes;
- absence management;
- assessing fitness for work and making any appropriate workplace adjustments;
- management and administration of compensation and benefits and payroll processes;
- employment monitoring;
- termination of employment;
- complying with health and safety obligations;
- equal opportunities monitoring and reporting;
- complying with (i) requests from governmental, quasi-governmental and judicial bodies and regulators and (ii) disclosure obligations in the context of litigation or government/regulatory investigations;
- dealing with legal disputes or claims;
- protecting the rights, property and safety of the Group and any of its staff, customers and others and conducting investigations for this purpose;
- business management activities, including auditing, compliance and risk management activities;
- ensuring that any prospective buyer of any or all of the business and assets of Group has all the information which is reasonably necessary to enable them to comply in full with their workforce obligations following the sale;
- enabling the Group to undertake strategic collaborations with other organisations; and
- complying with all applicable laws, regulations and rules.
- How we share your personal data
The Company may share your personal data for the purposes set out above with its third party agents and service providers (for example providers of IT services, background checks or legal advice), as well as its affiliates in the Group, such as with the Company’s parent, KAR Auction Services, Inc.
The Company may also share your personal data with third parties in other circumstances, in particular:
- in response to a request from governmental and quasi-governmental bodies and regulators, including Her Majesty’s Revenue and Customs;
- if we are under a duty to disclose or share your personal data to comply with any legal obligation, or in connection with a dispute relating to your employment;
- to protect the rights, property or safety of the Group and its staff, customers and others; or
- with another organisation for strategic collaboration purposes or with a prospective buyer of any or all of the Group’s business or assets for the reasons described above.
- Our legal grounds for processing
We will process your personal data on one or more of the following legal grounds:
- where necessary for us to decide whether to establish an employment relationship with you;
- where you have given your consent (your consent may be withdrawn at any time);
- where necessary for the performance of any contract with you or in order to take steps at your request before entering into that contract;
- where necessary to comply with our legal obligations;
- in respect of special categories of personal data, where necessary for the purposes of performing or exercising the Group’s or your obligations or rights under employment, social security or social protection law in accordance with applicable data protection laws;
- in respect of special categories of personal data, where necessary for the establishment, exercise or defence of legal claims; and
- where the processing is otherwise necessary for the Company’s legitimate interests or the legitimate interests of the third parties to whom we transfer your personal data (provided that such legitimate interests are not overridden by your interests or your fundamental rights and freedoms). Legitimate interests include the following:
- enabling collaboration and workforce planning within the Group;
- ensuring business continuity within the Group (for example, through succession planning);
- ensuring that the Group is able to comply with applicable laws at any time;
- improving the quality of the Group’s recruitment processes and services;
- enabling the Group to exercise and defend legal claims;
- ensuring the Group complies with requests from governmental, quasi-governmental and judicial bodies and regulators for information relating to its business.
- enabling the Group to collaborate with other organisations, for example in a joint venture or strategic alliance; and
- in the event of a proposed sale of any or all of the business and assets of the Group, ensuring that any prospective buyer has all the information which is reasonably necessary to enable them to comply in full with their obligations in respect of the workforce immediately upon completion of the proposed sale.
- International transfers
In connection with the purposes set out above, the Group may from time to time need to transfer your personal data outside the European Economic Area (or the UK) (for example to KAR Auction Services, Inc., or to a service provider). Such transfers shall be carried out in accordance with applicable data protection law, including, where necessary, the use of appropriate transfer mechanisms.
- Retention of your personal data
If your application is unsuccessful, your personal data will be destroyed or erased from our systems after three months. However, if you wish the Company to destroy / erase your personal data sooner, please contact us.
If your application is successful and you become an employee, your personal data will be processed in accordance with the Company’s separate Employee Data Protection Notice. As such, it will be destroyed or erased from our systems when it is no longer required for the purposes above, provided that the Company may retain your personal data in order to comply with applicable laws, regulations and rules.
- Your rights in relation to your personal data
You have various rights under data protection law regarding the processing of your personal data, including rights in certain circumstances to:
- request access to any personal data held about you by the Company and be provided information in relation to that data;
- request that your personal data be transferred to another data controller or provided in a format that will permit this transfer;
- have inaccurate personal data amended or erased, and to have incomplete personal data completed;
- request the erasure of your personal data;
- object to or restrict the processing of your personal data;
- lodge a complaint with a supervisory authority, including the Information Commissioner’s Office.
- Status of this Notice
The Company reserves the right to change this Notice at any time. Any change to this Notice will become effective when the Company notifies you of the revised Notice. This Notice does not form part of any contract of employment or other contract to provide services.
- Contact details
If you have any queries about this Notice or the Company’s use of personal data, please contact firstname.lastname@example.org
Effective Date: 23rd May 2018