PRIVACY NOTICE – JOB APPLICANTS
1. Who does this privacy notice apply to, and what is it about?
This privacy notice applies to you if you are an individual who applies for employment with a National Express group company which is established in any part of the United Kingdom, irrespective of the role that you apply for and the method by which you apply.
In particular, it applies both to individuals who apply for employment by contacting us directly and those who are introduced to us by recruitment agencies.
This privacy notice explains what personal data we collect about you when you are applying for employment and what we do with it. It also explains your rights in respect of your personal data and it informs you what to do if you have any questions or complaints about our use of your personal data.
2. Who is the controller of your personal data?
The National Express group company that you are applying for employment with is the controller of your personal data that is collected for the purposes explained in this privacy notice.
This will be that one of the following named National Express group companies that is specified in the job vacancy or which you are otherwise made aware of during the application process:
- National Express Group PLC
- National Express Limited*
- West Midlands Travel Limited*
- The Kings Ferry Limited*
- E. Clarke & Son (Coaches) Limited*
- Tayside Public Transport Company Limited*
- National Express UK Limited
The data controller’s representative for the purposes of this privacy notice is the National Express UK Data Protection Officer, who can be contacted using the contact details set out at the end of this notice.
Only those National Express group companies noted with (*) above have formally appointed the National Express UK Data Protection Officer as their data protection officer. The National Express UK Data Protection Officer is however the appropriate representative for all those National Express group companies named above.
3. What personal data do we collect about you, and how?
We collect certain information about you that we need to process your employment application, including:
- your name, your date of birth, your home address, any personal email address and your home and/or mobile telephone number;
- your professional and/or vocational qualifications, your work experience and references about you and your aptitudes as an employee;
- evidence of your right to work in the UK, which may include your passport details or work visa details;
- if you are applying for a role as a PCV driver, your PCV driver licence details, your driver qualification card details and, if relevant, your digital tachograph card details;
- your national insurance number; and
- your bank or building society account details.
In addition, depending on the role you are applying for employment in, we may collect additional information about you that we also need to process your employment application, which includes:
- any criminal record you have;
- certain information about your medical history and the results of any pre-employment health checks that we ask you to undertake; and
- the results of any pre-employment drug and alcohol tests we ask you to undertake.
We collect this information in a variety of ways, including:
- during the job application process, in which you (or the recruitment agency who introduces you to us) will provide us with such information, including by submitting information online via our website or a dedicated HR portal or by sending information by email or in hard copy form or submitting it orally during interviews or other recuitment related meetings;
- from third parties who provide references about you, including your current and former employers;
- from governmental bodies and regulatory agencies, such as the DVLA, with whom we perform checks on you; and
- from third parties who perform recuitment related services on our behalf, such as any recruitment agency who introduces you to us and third parties who carry out pre-employment checks on our behalf, including in relation to criminal records, medicals and drugs and alcohol tests.
4. What will we do with your personal data?
We process personal data about you for the following purposes:
- processing your employment application, including to assess whether you are qualified and otherwise suitable and fit for the role you have applied for and whether you will be able to adhere to the values held and promoted by the National Express Group;
- managing and seeking to develop and improve our employment application processes and procedures;
- monitoring the overall level of interest in employment vacancies and opportunities and carrying out analysis on these; and
- if you consent, contacting you about other employment vacancies or opportunities that arise with National Express group companies that we think may be of interest to you.
We process your personal data where we have a legal duty to do so, in order to prepare for a potential contract with you, on the basis of our legitimate interest and, in the case contacting you about other employment vacancies or opportunities, on the basis of your consent.
Our legitimate interests are to achieve those purposes above that do not relate to complying with a legal duty, preparing for a contract with you or where we have your consent.
Where we process your personal data on the basis of our legitimate interest, you have the right to object to our use of your personal data. However, we do not have to stop processing personal data where we have compelling grounds that override your interests, or where we need to process your data in order to establish, exercise or defend legal claims. If you have any objections please contact the National Express UK Data Protection Officer noted below.
Where we process your personal data because we have a legal obligation to do so or to prepare for a potential contract with you, there is no right to object.
5. What if we have obtained your consent to use your personal data?
If we obtain your consent to use your personal data (such as to contact you about other employment vacancies or opportunities), you may withdraw that consent at any time and we will give you further information in the consent form on how to withdraw consent.
6. What are our obligations to collect and your obligations to provide personal data?
We have certain legal obligations to collect and process certain information about you, for example, to determine your right to work in the UK and to ascertain your professional or vocational credentials to perform certain types of work, for example if you are applying for a role as a driver, whether you hold a valid PCV driving licence.
You are not obliged to provide us with information about yourself, but if you do not, we may not be able to process your employment application.
7. Who will we share your personal data with?
We will share your personal data with third parties where we are legally obliged to do so, for example with government bodies, regulatory agencies and the courts or parties to legal proceedings before the courts.
We may share your personal data with other National Express group companies, for example, those which are involved in processing employment applications on our behalf. With your consent, we will also share your personal data with other National Express companies that have other employment vacancies that may be of interest to you.
We may also share your personal data with third parties who provide services to us or other National Express group companies, such as our professional advisors, those who assist us in administering job applications, and other third parties that we use to perform other processing activities, such as IT and telecommunications service providers. In particular, if you apply for employment with us through a recruitment agency, we will share your information with that recruitment agency.
The other National Express group companies and/or third parties who process your personal data on our behalf may do so in countries outside the European Economic Area (EEA) that are not deemed to provide a similar level of protection for individuals’ rights in relation to their personal data as in the EEA. Where that is the case, we have entered into appropriate contracts with those National Express group companies and third parties, based on the standard contractual clauses approved by the European Commission, a copy of which can be found here: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087, such that your personal data should be afforded the same level of protection as when it is processed in the EEA.
We may need to share information about you with other companies that take on or intend to take on any part of our business as a result of a restructure, merger or transfer of that part of our business.
8. For how long we will process your personal data?
We will process your personal data for so long as you are involved in the job application process with us and thereafter for different periods of time as explained below.
If you apply for a role and are not successful, we will retain all the personal data we collect about you during the job application process for a period of six (7) months in case any questions, complaints or legal claims about the process arise, and for so long thereafter as necessary to deal with any such questions, complaints or claims which do arise.
If you consent, we will also retain your personal data in order to contact you about other employment vacancies or opportunities at National Express group companies that we think you are appropriate for and that may be of interest to you. As noted above, you can withdraw this consent at any time. In these circumstances, if you do consent and unless you then withdraw that consent sooner, we will retain your personal data for 12 months from your last application for employment with us.
9. What rights do you have in relation to your personal data?
You have a number of rights in relation to your personal data. These include the right, subject to exceptions, to:
- access your personal data;
- request the rectification or erasure of your personal data;
- request restrictions on the processing of your personal data; and
- object to our processing of your personal data.
Please contact the National Express UK Data Protection Officer (details below) if you wish to exercise any of these rights.
You also have the right in some circumstances to receive a copy of your personal data in a portable format. This right is limited to personal data that you have provided to us and is processed on the basis of your consent or to prepare for a contract with you. It does not cover personal data that we process on other grounds.
Please contact the person with whom you had the primary contact in relation to your employment application to request a portable copy of the data that you have provided that is processed on these bases.
10. What should you do if you have any questions or complaints?
If you have any questions or complaints about how we process your personal data, you should contact the National Express UK Data Protection Officer at firstname.lastname@example.org.
You also have the right to complain to the UK Information Commissioner's Office about how we use your personal data. You can do this by contacting them on their helpline: 0303 123 1113.