Privacy Notice
1. What is the purpose of this document?
1.1. This Privacy Notice explains how companies within Dawsongroup PLC’s group of companies (together, “the Group”, “we”, “our” or “us”) use any personal information that we may collect about you. The Group includes (inter alia) each of the following direct and indirect subsidiaries of Dawsongroup PLC: Alexena Limited, Dawsongroup International BV, Dawsongroup International Limited, Dawsongroup Bus and Coach Limited, Dawsonrentals Iberica,S.L, Dawsongroup (Ireland), Dawsongroup UK Limited, Dawsongroup Material Handling Limited, Dawsonrentals (Nederland) BV, Dawsonrentals Polska Sp. Zoo, Dawsongroup Portable Cold Rooms Limited, Dawsongroup Temperature Control Solutions Limited, Dawsongroup Temporary Kitchens Limited, Dawsongroup Truck and Trailer Limited, Dawsongroup Vans Limited, Dawsongroup Finance Limited, Modulfroid Service SARL, Thermobil Mobile Kuhllager GmbH and Ventura Rental Limited.
1.2. The Group is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (“GDPR”). It applies to all current or former employees, workers and contractors.
1.3. The Group company which is named as your employer on your contract of employment is a “data controller” which means they are responsible for deciding how they hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
1.4. 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 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.
2. Data protection principles
2.1. We will comply with data protection law – this says that the personal information we hold about you must be:
2.1.1. Used lawfully, fairly and in a transparent way.
2.1.2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
2.1.3. Relevant to the purposes we have told you about and limited only to those purposes. 2.1.4. Accurate and kept up to date.
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2.1.5. Kept only as long as necessary for the purposes we have told you about. 2.1.6. Kept securely.
3. The kind of information we hold about you
3.1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). There are “special categories” of more sensitive personal data which require a higher level of protection.
3.2. We will collect, store, and use the following categories of personal information about you:
3.2.1. Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
3.2.2. Date of birth.
3.2.3. Gender.
3.2.4. Marital status and dependants.
3.2.5. Next of kin and emergency contact information.
3.2.6. National Insurance number.
3.2.7. Bank account details, payroll records and tax status information.
3.2.8. Salary, annual leave, pension and benefits information.
3.2.9. Start date.
3.2.10. Location of employment or workplace.
3.2.11. Copy of driving licence, if relevant to your job role, or if used for ID purposes.
3.2.12. Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
3.2.13. Employment records (including job titles, work history, working hours, training records and professional memberships).
3.2.14. Compensation history.
3.2.15. Performance information.
3.2.16. Disciplinary and grievance information.
3.2.17. CCTV footage and other information obtained through electronic means. 3.2.18. Information about your use of our information and communications systems. 3.2.19. Photographs.
3.3. We may also collect, store and use the following special categories of more sensitive personal data about you:
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3.3.1. Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
3.3.2. Trade union membership.
3.3.3. Information about your health, including any medical condition, health and sickness records.
3.3.4. Genetic information and biometric data.
3.3.5. Information about criminal convictions and offences.
4. How is your personal information collected?
4.1. We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies. We will collect additional personal information in the course of job-related activities throughout the period of you working for us.
5. How we will use information about you
5.1. We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
5.1.1. Where we need to perform the contract we have entered into with you;
5.1.2. Where we need to comply with a legal obligation;
5.1.3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
5.2. The Group will monitor, record, store and use all telephone (including conversations), email or other communications with you, in order to check any instructions given to us, for training purposes, for the prevention of crime and/or to improve the quality of our customer service.
6. How we use particularly sensitive personal information
6.1. “Special categories” of particularly sensitive personal information require higher levels of protection. This information includes the following information: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic/biometric data, health, sex life or sexual orientation.
6.2. In so far as your personal information amounts to special categories of personal data, in addition to the above, we will most likely use your personal information in the following additional circumstances:
6.2.1. In limited circumstances, with your explicit written consent.
6.2.2. Where it is necessary for the purposes of carrying out obligations and exercising rights under employment, social security and social protection law and in line with our data protection policy.
6.2.3. Where it is necessary to protect your vital interests (in emergency situations).
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6.2.4. Where the processing is necessary for reasons of substantial public interest (such as equal opportunities monitoring) and in line with our data protection policy.
6.2.5. Where the processing is necessary for the purposes of occupational medicine, medical diagnosis or for the assessment of your working capacity on health grounds etc. pursuant to a contract with a health professional.
6.2.6. Where the processing is necessary for the establishment, exercise or defence of legal claims.
7. Situations in which we will use your personal information
7.1. We need all the categories of information in the list above primarily to allow us to perform our contract with you* and to enable us to comply with legal obligations**. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties***, provided your interests and fundamental rights do not override those interests. We have indicated by asterisks the purpose or purposes for which we are processing or will process your personal information, as well as indicating which categories of data are involved.
7.2. The situations in which we will process your personal information are listed below:
7.2.1. Making a decision about your recruitment or appointment which will include obtaining references from your referees (* and ***).
7.2.2. Determining the terms on which you work for us (* and ** and ***).
7.2.3. Checking you are legally entitled to work in the UK (**).
7.2.4. Paying you and, if you are an employee, deducting tax and National Insurance contributions (which will include obtaining bank account details from you) (* and **).
7.2.5. Providing the following benefits to you: live cover (*).
7.2.6. Liaising with your pension provider (*).
7.2.7. Administering the contract we have entered into with you (* and ** and ***). 7.2.8. Business management and planning, including accounting and auditing (***).
7.2.9. Conducting performance reviews, managing performance and determining performance requirements (***).
7.2.10. Making decisions about salary reviews and compensation (* and ** and ***).
7.2.11. Assessing qualifications for a particular job or task, including decisions about promotions (***).
7.2.12. Gathering evidence for possible grievance or disciplinary hearings (** and ***). 7.2.13. Making decisions about your continued employment or engagement (** and ***). 7.2.14. Making arrangements for the termination of our working relationship (** and ***). 7.2.15. Education, training and development requirements (** and ***).
7.2.16. Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work (** and ***).
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7.2.17. Ascertaining your fitness to work and considerations of reasonable adjustments (** and *** and we will in addition rely on special category additional conditions 2 and 5 above).
7.2.18. Managing sickness absence (* and ** and *** and we will in addition rely on special category additional conditions 2 and 5 above).
7.2.19. Complying with health and safety obligations (** and special category additional condition 2 above).
7.2.20. To prevent fraud (** and ***).
7.2.21. To monitor your use of our information and communication systems to ensure compliance with our IT policies (** and ***).
7.2.22. To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution (** and ***).
7.2.23. Equal opportunities monitoring (** and *** and special category additional conditions 2 and 4 above).
7.3. Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
7.4. We will use your particularly sensitive personal information in the following ways:
7.4.1. We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
7.4.2. We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits.
7.4.3. We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
7.4.4. We will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.
8. If you fail to provide personal information
8.1. If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).
9. Change of purpose
9.1. We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
9.2. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
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10. Do we need your consent?
10.1. We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
11. Information about criminal convictions
11.1. We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
11.2. Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
11.3. We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so.
12. Automated decision-making
12.1. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
12.1.1. Where we have notified you of the decision and given you 21 days to request a re consideration.
12.1.2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
12.2. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
13. Data sharing
13.1. We may have to share your data with third parties, including third-party service providers and other entities in the group. We require third parties to respect the security of your data and to treat it in accordance with the law. We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.
14. Why might you share my personal information with third parties?
14.1. We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
15. Which third-party service providers process my personal information?
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15.1. “Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following third-party service providers process personal information about you for the following purposes:
15.1.1. Advanced Processing Solutions – HR
15.1.2. Wealden – Payroll
15.1.3. Mimecast – email backup
15.1.4. Acronis – IT storage and backup.
16. How secure is my information with third-party service providers and other entities in our group?
16.1. All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
17. When might you share my personal information with other entities in the group?
17.1. We will share your personal information with other entities in our group as part of our regular reporting activities on Company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
18. What about other third parties?
18.1. We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
19. Transferring information outside the EU
19.1. We will not transfer your personal information outside the EU.
20. Data security
20.1. We have put in place measures to protect the security of your information. Details of these measures are available upon request.
20.2. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
20.3. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
20.4. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
21. Data retention – how long will you use my information for?
21.1. We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and
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whether we can achieve those purposes through other means, and the applicable legal requirements. We also take into account the limitation periods applicable for making any claims against us which features in our decision-making on retention.
21.2. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the Company we will retain and securely destroy your personal information in accordance with our policies.
22. Your duty to inform us of changes
22.1. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
23. Your rights in connection with personal information
23.1. Under certain circumstances, by law you have the right to:
23.1.1. Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
23.1.2. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
23.1.3. Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
23.1.4. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
23.1.5. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
23.1.6. Request the transfer of your personal information to another party.
23.2. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Richard Bulmer (Group Legal Manager) in writing.
23.3. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, 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.
23.4. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
24. Right to withdraw consent
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24.1. In the limited circumstances where we have relied on your consent for the collection, processing and transfer of your personal information for a specific purpose (which will be rare), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Richard Bulmer (Group Legal Manager). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
25. Data protection manager
25.1. We have appointed Richard Bulmer (Group Legal Manager) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact him. You have the right to make a complaint at any time to the Information Commissioner’s Office (the “ICO”), the UK supervisory authority for data protection issues.
26. Changes to this privacy notice
26.1. We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact Richard Bulmer (Group Legal Manager).
