Privacy Policy

What is the purpose of this document?

King West Limited 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 UK General Data Protection Regulation (UK GDPR).

It applies to all employees, workers and contractors.

King West Limited is a “controller”. This means that we are responsible for deciding how we 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.

This notice applies to current and former employees, workers and contractors. 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 but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

It is important that you read and retain 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 that information and what your rights are under the data protection legislation.

Data protection principles

We will comply with data protection law, which says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.
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.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.

The kind of information we hold about you

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 person’s identity has been removed (anonymous data).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health, sexual orientation or criminal convictions.

We will collect, store and use the following categories of personal information about you:

• Personal contact details such as name, title, addresses, telephone numbers and personal email addresses.
• Date of birth.
• Gender.
• Marital status and dependants.
• Next of kin and emergency contact information.
• National Insurance number.
• Bank account details, payroll records and tax status information.
• Salary, annual leave, pension and benefits information.
• Start date and, if different, the date of your continuous employment.
• Leaving date and your reason for leaving.
• Location of employment or workplace.
• Copy of driving licence.
• 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).
• Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
• Compensation history.
• Performance information.
• Disciplinary and grievance information.
• CCTV footage and other information obtained through electronic means such as swipe card records.
• Information about your use of our information and communications systems.
• Photographs.
• Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.

We may also collect, store and use the following more sensitive types of personal information:

• Information about your race or ethnicity, religious beliefs, sexual orientation, and political opinions.
• Trade union membership.
• Information about your health, including any medical condition and sickness records, including:
  • where you leave employment and under any share plan operated by a group company the reason for leaving is determined to be ill health, injury or disability, the records relating to that decision;
  • details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
  • any health information in relation to a claim made under the permanent health insurance scheme; and
  • where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
• Information about criminal convictions and offences.

Cookie Policy

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows and record information about your online preferences.

What Cookies do we use and what for?
Our site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by us. We use Cookies to facilitate and improve your experience of our site and to provide and improve our services.

Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.

We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.

By using our site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. We use third-party cookies on our site for analytics, advertising, social media interaction and logged administrative purposes. For more details, please refer to the above table. These Cookies are not integral to the functioning of our site.

All Cookies used by and on our site, are used in accordance with current UK and EU Cookie Law.

See the table below for the list of Cookies used by our site:

Cookie	Name	Purpose	Further information
Google Analytics and Google+	_utma _utmb _utmc _utmz	These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.	Click here for an overview of privacy at Google
Facebook	Renamed frequently	Facebook use cookies to recognise you when you log in, for security, advertising, localisation and analytics.	Click here for an overview of privacy at Facebook
Twitter	_twitter_sess	To remember your logged in Twitter session.	Click here for an overview of privacy at Twitter
Content Management System	wordpress_ [hash]	A functional cookie used by our content management system for administrative sessions.

* If you choose to decline cookies, you may not be able to fully experience the interactive features of our Service or Website. Our company keeps track of the pages you visit on our website, in order to determine what portion of our Website or Service is the most popular or most used. This data is used to deliver customised content and promotions within our Website and Service to customers whose behaviour indicates that they are interested in a particular subject area.

Types of Cookies Used

Analytics
We use ‘analytical’ cookies which, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our website and which parts of the website are most popular. This helps us gather feedback so that we can improve our website. Our analytics cookies include Google Analytics. To opt-out of Google Analytics, click here or to find out more information about Google Analytics security and privacy click here.

Targeting
We may use Remarketing with Google Analytics to advertise online and make ads more relevant. Remarketing cookies will be used by third parties (including Google) to show our ads on websites other than our own.

Both us and third parties (including Google) will also use Remarketing cookies – both first-party (such as Google Analytics) and third-party – to serve more relevant ads to users based on past visits to our website, whether those users are on our website or on other websites. To opt-out of Remarketing or to control your ad preferences, click here. Remarketing cookies expire 90 days from the time that the cookie is set or updated (whichever the later).

Social Media
In order to enhance your internet experience and to make the sharing of content easier, some pages on our website contain tools or applications that are linked to third party social media providers such as Facebook, Twitter or LinkedIn. Through these tools or applications, the social media service provider may set its own cookies on your device. We do not control these cookies and you should check the social media service provider’s website for further details about how they use them.

How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided below.

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.

In addition, most advertising networks offer you a way to opt-out of targeted advertising.  If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com. You may opt-out by clicking here: http://preferences.truste.com/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served advertising. You will continue to receive generic advertisements.

How is your personal information collected?

We collect personal information about employees, workers and contractors 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 may also collect personal information from the trustees or managers of pension arrangements operated by us.

We will collect additional personal information in the course of job-related activities throughout the period of you working for us.

How we will use information about you

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:

1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.
   We may also use your personal information in the following situations, which are likely to be rare:
4. Where we need to protect your interests (or someone else’s interests).
5. Where it is needed in the public interest [or for official purposes].

Situations in which we will use your personal information

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 ***, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. We have indicated by asterisks the purpose or purposes for which we are processing or will process your personal information, as well as providing a description of which categories of data are involved. Where a legitimate interest is involved, we state what the legitimate interest is.

• Making a decision about your recruitment or appointment. *, ***
• Determining the terms on which you work for us. *, ***
• Determining whether your engagement is deemed employment for the purposes of Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) and providing you with a status determination statement in accordance with the applicable provisions of ITEPA 2003.
• Checking you are legally entitled to work in the UK. *, ***
• Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).*, ***
• Providing the following benefits to you.*
• Inviting you to participate in any share plans operated by us. ***
• Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties. *
• Liaising with the trustees or managers of a pension arrangement operated by us [or any group company], your pension provider and any other provider of employee benefits. *, ***
• Administering the contract we have entered into with you. *, ***
• Business management and planning, including accounting and auditing. *, ***
• Conducting performance reviews, managing performance and determining performance requirements.*, ***
• Making decisions about salary reviews and compensation. *, ***
• Assessing qualifications for a particular job or task, including decisions about promotions. *, ***
• Gathering evidence for possible grievance or disciplinary hearings. *, ***
• Making decisions about your continued employment or engagement. *, ***
• Making arrangements for the termination of our working relationship. *, ***
• Education, training and development requirements. *, ***
• Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work. *, ***
• Ascertaining your fitness to work. *, ***
• Managing sickness absence. *, ***
• Complying with health and safety obligations. *, ***
• To prevent fraud.*, ***
• To monitor your use of our information and communication systems to ensure compliance with our IT policies. *, ***
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
• To conduct data analytics studies to review and better understand employee retention and attrition rates.
• Equal opportunities monitoring.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

If you fail to provide personal information

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).

Change of purpose

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.

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.

How we use particularly sensitive personal information

Special categories of particularly sensitive personal information, such as information about your health, racial or ethnic origin, sexual orientation, or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:

1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring [or in relation to our occupational pension scheme].
4. Where it is necessary to protect you or another person from harm.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed 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.

Situations in which we will use your sensitive personal information

In general, we will not process particularly sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment. On rare occasions, there may be other reasons for processing, such as it is in the public interest to do so. The situations in which we will process your particularly sensitive personal information are listed below. [We have indicated the purpose or purposes for which we are processing or will process your more sensitive personal information.

• We will use information about your physical or mental health, or disability status, to:
  • ensure your health and safety in the workplace;
  • assess your fitness to work;
  • provide appropriate workplace adjustments;
  • monitor and manage sickness absence; and
  • administer benefits including statutory maternity pay, statutory sick pay and pensions and permanent health insurance.
• We need to process this information to exercise rights and perform obligations in connection with your employment.
• If you leave employment and under any share plan operated by us the reason for leaving is determined to be ill health, injury or disability, we will use information about your physical or mental health, or disability status, in reaching a decision about your entitlements under the share plan.
• If we reasonably believe that you or another person are at risk of harm and the processing is necessary to protect you or them from physical, mental or emotional harm or to protect physical, mental or emotional well-being.
• 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.

Do we need your consent?

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.

We do not need your consent where the purpose of the processing is to protect you or another person from harm or to protect your well-being and if we reasonably believe that you need care and support, are at risk of harm and are unable to protect yourself.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This is usually where that processing is necessary to carry out our obligations and provided we do so in line with our Data Protection Policy.

Automated decision-making

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:

1. Where we have notified you of the decision and given you one month to request a reconsideration.
2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

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.

Data sharing

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 UK.

If we do, you can expect a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?

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.

Which third-party service providers process my personal information?

Third parties includes third-party service providers (including contractors and designated agents).

How secure is my information with third-party service providers and other entities in our group?

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.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the law. This may include making returns to HMRC, disclosures to stock exchange regulators [(including a Regulatory News Service)] and disclosures to shareholders such as directors’ remuneration reporting requirements.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available [on the intranet, here: [LINK TO PROTECTIVE MEASURES] OR from your line manager OR from the HR Department OR from the [DPO OR data privacy manager]].

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.

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. Additionally, 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.

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.

Data retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting or reporting requirements. Details of retention periods for different aspects of your personal information are available in our Data Retention Policy which is available from your line manager.

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 whether we can achieve those purposes through other means.
• The applicable legal requirements.

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 that 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 Data Retention Policy OR applicable laws and regulations].

Rights of access, correction, erasure and restriction

Your duty to inform us of changes

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.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

• 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.
• 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.
• 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).
• 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.
• 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.
• Request the transfer of your personal information to another party.

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 the DPO in writing.

No fee usually required

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 these circumstances.

What we may need from you

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.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the [DPO OR data privacy 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.

Data protection officer (DPO)

[We have appointed a [DPO OR data privacy 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 the [DPO OR data privacy manager]. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) with respect to data protection issues].

Changes to this privacy notice

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 the DPO.