PRIVACY STATEMENT

GOWLING WLG (UK) LLP JOB APPLICANT PRIVACY NOTICE

KEY SUMMARY

We process your personal information provided in the course of applying for a job with us in order to carry out our recruitment process and for no other purpose.
 
We share your information with suppliers who act on our behalf to carry out elements of our recruitment process such as assessment exercises or psychometric testing.
 
This notice explains what data we process, why, how it is legal and your rights.

ABOUT US AND THIS NOTICE

This Privacy Notice is provided by Gowling WLG (UK) LLP ("Gowling WLG" or "we" or "us") who is a 'controller' for the purposes of the General Data Protection Regulation (EU) 2016/679.

You should read this Privacy Notice if you have applied for a job with us.

We take your privacy very seriously. We ask that you read this Privacy Notice carefully as it contains important information about our processing and your rights.

How to contact us

If you need to contact us about this Privacy Notice, use the details below 

  • By Post: General Counsel Team, Gowling WLG (UK) LLP, 2 Snowhill, Birmingham B4 6WR
  • Email: data.enquiry@gowlingwlg.com

If you would like this Privacy Notice in another format (for example: audio, large print, braille), please contact us.

If you have any queries about your application or the status of your application, please contact the HR team; Gowling WLG (UK) LLP, 13th Floor, 2 Snowhill, Birmingham, B4 6WR or call them on 0121 393 2110.

Changes to this Privacy Notice

We may change this Privacy Notice from time to time. 

USEFUL WORDS AND PHRASES

Please familiarise yourself with the following words and phrases (used in bold) as they have particular meanings in the Data Protection Laws and are used throughout this Privacy Notice: 
 

Term Definition
controller This means any person who determines the purposes for which, and the manner in which, any personal data is processed.
criminal offence data This means any information relating to criminal convictions and offences committed or allegedly committed.
Data Protection Laws This means the laws which govern the handling of personal data. This includes the General Data Protection Regulation (EU) 2016/679 and any other national laws implementing that Regulation or related to data protection.
data subject     The person to whom the personal data relates.
ICO This means the UK Information Commissioner's Office which is responsible for implementing, overseeing and enforcing the Data Protection Laws.
personal data This means any information from which a living individual can be identified. 
This will include information such as telephone numbers, names, addresses, e-mail addresses, photographs and voice recordings.  It will also include expressions of opinion and indications of intentions about data subjects (and their own expressions of opinion/intentions).
It will also cover information which on its own does not identify someone but which would identify them if put together with other information which we have or are likely to have in the future.
processing This covers virtually anything anyone can do with personal data, including:
  • obtaining, recording, retrieving, consulting or holding it;
  • organising, adapting or altering it;
  • disclosing, disseminating or otherwise making it available; and
  • aligning, blocking, erasing or destroying it.
processor This means any person who processes the personal data on behalf of the controller.
special categories of data This means any information relating to:
  • racial or ethnic origin;
  • political opinions;
  • religious beliefs or beliefs of a similar nature;
  • trade union membership;
  • physical or mental health or condition;
  • sexual life; or
  • genetic data or biometric data for the purpose of uniquely identifying you.

WHAT PERSONAL DATA DO WE COLLECT?

The sections below set out the categories of personal data we may ask for at each stage of your application for a job with us. Some data may not be required depending on the type of role you are applying for. The reasons why we need each category of data are set out in the section 'Why do we need your personal data'.

If you choose not to provide us with any of these categories of information, your application may be rejected or it could affect our ability to process your application.

Pre-application

If you contact us with any questions prior to submitting an application for a job, we will keep a record of your name and contact details, as well as details of any question you have asked.

If you submit an application or send us a CV

If you submit an application for a job with us, we will ask you for:

  • Your contact details, including your name, address, e-mail address and telephone number
  • Details of your relevant education and employment history
  • Details of referees
  • Information for the purposes of Equal Opportunities Monitoring – however, provision of this information is optional
  • Information in relation to any reasonable adjustments you may need  - again, this is optional
If you submit a CV to us and it contains additional information, we will process whatever information you provide in your CV.

Assessment stage

If you are successful in our initial shortlisting stage, we may invite you for a face to face or video interview, assessment day, or to complete online assessments or psychometric tests. Information will be generated by you and by us during this process.

If we make you a conditional offer

If we make you a conditional offer of employment, we may gather further personal data before deciding whether to make you a final offer, to check:
  • Proof of your identity
  • Proof of your qualifications
  • Details of any unspent criminal convictions
  • Credit check
  • Right to Work checks (we may ask you to bring proof of identity along at interview stage which will be destroyed if your application is not progressed further).
If we make and you accept a final offer

We will require further information from you in order to meet our obligations as an employer, such as your bank details so that we can pay your salary. How we process your information as an employee is set out in our Staff Privacy Notice which you will have access to when you start your employment.

At this stage we will also ask you for information for the purposes of Equal Opportunities Monitoring but it is optional for you to provide this.

Personal information provided by third parties             
   

Most of the personal data we process about you when you apply for a job is information that you give us directly, or is generated through the recruitment exercise. However, some information we gather from the categories of third parties below:

Recruitment Agencies: We fill some of our roles through recruitment agencies. If you apply for a role through them, they will pass us details of your name, contact details, CV, notes of interviews and conversations with the agency.

Your former employer and other referees: If you apply for a role with us, we will contact your referees directly, using the details you provide in your application, to request a reference.

Psychometric test providers: If you are required to take psychometric tests, the test provider will send us your responses, score and any other analysis that they carry out based on your responses.

Employment screening services provider: We need to confirm the identity of everyone who applies for a job with us. We use recognised providers to confirm address and employment history, to conduct credit checks and to carry out a basic criminal records check.

Home Office: We may in certain circumstances need to seek confirmation from the Home Office that you have the right to work in the UK.

WHY DO WE NEED YOUR PERSONAL DATA?

We use your personal data for the purposes listed in the table. We are allowed to do so on certain legal grounds which are also set out in the table (and which are explained further in the section 'Legal grounds for processing personal data').

Personal data
 
Type of data Why do we need it? Legal grounds for processing
Contact details (name, email address, telephone number, home address)
 
So that we can contact you about your application for a job with us. Legitimate interests
 
Education and employment history, and proof of qualifications
 
So that we can assess your relevant experience and suitability for a job with us, and assess what your training needs would be if you started working for us.
 
Legitimate interests
Information provided by professional and personal referees
 
So that we can assess your relevant experience and suitability for a job with us. Legitimate interests
Information generated during the recruitment process itself (such as interview notes, psychometric test results and your answers to assessment questions)
 
So that we can assess your relevant experience and suitability for a job with us.
Psychometric tests help us understand your characteristics and working-style preferences.
Legitimate interests
Information provided by credit reference agencies
 
So that we can assess suitability for the role. Legitimate interests
 
Information about your regulatory or other professional memberships So that we can comply with our legal obligation (and obligation to our professional insurers) to make sure that individuals carrying out certain regulated roles are appropriately registered.
 
 
Compliance with a legal obligation
 
 

Special categories of personal data and criminal offences data
 
Type of data Why do we need it? Legal grounds for processing
Identity documents such as a copy of your passport (including information about your national origin) or other right to work documentation
 
So that we can comply with our obligation to check that our employees have the right to work in the UK. Necessary for complying with our legal obligations as an employer
Information provided in our Equal Opportunities Monitoring form (such as information about your sexual orientation, racial origin and religion or belief)
 
In order to promote and monitor diversity in our recruitment process.
Information gathered for these purposes will be used anonymously for the purposes of assessing diversity statistics across the organisation, and will not be used as a basis for making any decisions about you. If you choose not to provide this information (or later decide you would like us to delete information you have already provided for this purpose), this will have no bearing on your application or employment with us.
Necessary for reasons of substantial public interest
Information about a disability which may affect the application process.
 
To make reasonable adjustments to our application process for your disability. Necessary for complying with our legal obligations as an employer
Pre-employment health data.
 
To determine whether you are medically able to carry out the work you have been offered, and to assess whether any reasonable adjustments are needed to the work environment to enable you to carry out that work.
 
Necessary for complying with our legal obligations as an employer
 
 
Information obtained from the Disclosure and Barring Service This information will go directly to you from the DBS. We will not see this information but will ask you to talk to us if there is anything that requires discussion. Necessary for reasons of substantial public interest

LEGAL GROUNDS FOR PROCESSING PERSONAL DATA

We have set out below a description about each of the legal grounds on which we process your personal data.

Reasons for processing your personal data:

Necessary for our legitimate interests: We process some personal data if doing so is in our legitimate interests as an employer. In order to do so, we have considered the impact on your interests and rights, and have put in place appropriate safeguards to ensure that the intrusion on your privacy is reduced as much as possible.  You have the right to object to the processing of your personal data on this ground. See section headed 'Your Rights' to found out how.

Necessary for the compliance of a legal obligation: We have to process some of your personal data in order to comply with certain of our legal obligations.

Additional conditions for processing special categories of data, or criminal offences data:

Necessary for compliance with our obligations under employment law: We have to process some special categories of data In order to comply with certain of our legal obligations.

Necessary in the substantial public interest: The law allows us to process certain special categories of data where there is a substantial public interest. You have the right to object to the processing of your personal data on this ground. See section headed 'Your Rights' to found out how.

WHO WILL HAVE ACCESS TO YOUR PERSONAL DATA?

The table below lists some of our key service providers that act as our processors who will have access to your personal data If you would like to know the names of our other service providers who provide typical services required by all companies to support our business please contact us using the details at the start of this Privacy Notice.
 
Who information is shared with
All Hires - Online application form provider
Apply for Law – Online application form provider
Arctic Shores  - assessment exercise provider
Easy Recrue – assessment exercise provider
Sterling Talent Solutions Limited – Employment screening services provider

In addition, we may share your personal data with the following categories of entities who act as separate controllers of your personal data. You should review their privacy notices to find out how they process your personal data. If you have any queries or complaints about how they process your personal data, please contact them separately using the contact information provided on their website.
 
  • Disclosure and Barring Service  
  • Recruitment agencies
We will also share your personal data with the police, other law enforcements or regulators where we are required by law to do so.

Transfers of your personal data outside the EEA

We may need to transfer your personal data to a country outside of the European Economic Area, for the purpose of sharing across our group of companies. Please refer to this link https://gowlingwlg.com/en/legal-information for details on our group structure.

Any transfer of your data will be carried out in accordance with the law to safeguard your privacy rights and give you remedies in the unlikely event of a security breach or to any other similar approved mechanisms. If you want to know more about how data is transferred, please contact us using the details in the section above.

How we keep your personal data secure
 
We have robust information security management systems in place to protect your personal information and are ISO27001 accredited. ISO27001 is an international information security standard which is widely recognised as an indication of best practice in information security and information risk management.

WHEN WILL WE DELETE YOUR DATA?

If your application for a job with us is unsuccessful or you do not accept our offer of employment, then we will delete all of the personal data gathered during the recruitment exercise twelve months after the relevant recruitment exercise has ended. This is so that we can:
 
  1. Identify candidates who apply for multiple roles with us within that timeframe; and
  2. Defend any legal claims arising from the recruitment process.
If you ask us to do so, we will keep the details of your application for a further two years beyond our normal retention period, so that we can proactively contact you should any further potentially suitable vacancies arise.

If your application for a job with us is successful and you start work as our employee, please see the Staff Privacy Notice for details of how long we will retain the data gathered during the recruitment exercise. If you apply for a new role with us when you are already our employee, this Privacy Notice applies in respect of any new information gathered during that application process, and the Staff Privacy Notice continues to apply in respect of any information we already hold by virtue of you being a current employee.

YOUR RIGHTS

As a data subject, you have the following rights under the Data Protection Laws:
 
  • the right to object to processing of your personal data;
  • the right of access to personal data relating to you (known as data subject access request);
  • the right to correct any mistakes in your personal data;
  • the right to prevent your personal data being processed;
  • the right to erasure; and
  • the right to have your personal data ported to another controller (note not relevant).
These rights are explained in more detail below. If you want to exercise any of your rights, please contact us (please see "How to contact us").

We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex, in which case we will respond within three months.

Please be aware that there are exceptions and exemptions that apply to some of the rights which we will apply in accordance with the Data Protection Laws.

Right to object to processing of your personal data

You may object to us processing your personal data where we rely on a legitimate interest as our legal grounds for processing.

If you object to us processing your personal data we must demonstrate compelling grounds for continuing to do so. We believe we have demonstrated compelling grounds in the section headed "Why do we need your personal data". The key point to note is that without processing your data, we will not know as much about you which could affect our assessment of your suitability for a job with us.

Right to access personal data relating to you 

You may ask to see what personal data we hold about you and be provided with:
  • a copy of the personal data;
  • details of the purpose for which the personal data is being or is to be processed;
  • details of the recipients or classes of recipients to whom the personal data is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers;
  • the period for which the personal data is held (or the criteria we use to determine how long it is held);
  • any information available about the source of that data; and
  • whether we carry out an automated decision-making, or profiling, and where we do information about the logic involved and the envisaged outcome or consequences of that decision or profiling.
To help us find the information easily, please provide us as much information as possible about the type of information you would like to see.

Right to correct any mistakes in your information 

You can require us to correct any mistakes in your information which we hold. If you would like to do this, please let us know what information is incorrect and what it should be replaced with.
 
Right to restrict processing of personal data

You may request that we stop processing your personal data temporarily if:
  • you do not think that your data is accurate. We will start processing again once we have checked whether or not it is accurate;
  • the processing is unlawful but you do not want us to erase your data;
  • we no longer need the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or
  • you have objected to processing because you believe that your interests should override our legitimate interests.
Right to erasure 

You can ask us to erase your personal data where:
  • you do not believe that we need your data in order to process it for the purposes set out in this Privacy Notice;
  • if you had given us consent to process your data, you withdraw that consent and we cannot otherwise legally process your data;
  • you object to our processing and we do not have any legitimate interests that mean we can continue to process your data; or
  • your data has been processed unlawfully or have not been erased when it should have been.
 
Right to data portability (note not relevant) 

In some scenarios, you may ask for an electronic copy of your personal data which we hold electronically or you can ask us to provide this directly to another party. This right does not apply as we do not process your personal data based on your consent or on a contract with us.

What will happen if your rights are breached?

You may be entitled to compensation for damage caused by contravention of the Data Protection Laws.

Complaints to the regulator

It is important that you ensure you have read this Privacy Notice - and if you do not think that we have processed your data in accordance with this notice - you should let us know as soon as possible. You may also complain to the ICO. Information about how to do this is available on his website at www.ico.org.uk.

For more information, read the firm's general privacy policy.