Trethowans LLP
Data protection privacy notice for applicants and candidates
As part of any recruitment process, we collect and process personal data relating to applicants and candidates.
We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and what personal data (information) we hold about you, how we collect it and how we may use and share your personal data during the recruitment process. It also explains your rights in relation to your personal data and how to contact us or make a complaint.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to data protection law, including the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.
It is important that you read this privacy notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Who we are
Trethowans LLP is a ‘controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data. You will find our contact details at the end of this notice.
Key terms
The following are some key terms used in this document:
we, us, our
Trethowans LLP
personal data
Any information relating to an identified or identifiable individual
special category data
Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership, genetic and biometric data and data concerning health, sex life or sexual orientation
criminal offence data
Data relating to criminal convictions and offences, allegations and proceedings
Personal data we collect and use
The table below sets out the personal data (including special category data and criminal offence data) we may collect about you and use during and after the recruitment process.
Identity Data
Your name and title
Contact Data
Your home address (postal and/or email) and telephone number (landline and/or mobile)
Recruitment Data
Details of your qualifications, work experience, employment history and interests/hobbies
Information about your current level of remuneration, including benefit entitlements
Notes taken during any meeting or recruitment interview with you
Information about your entitlement to work in the UK and information from related documents, such as your passport or other identification and immigration information
Details of your referees
References supplied by former employers
Any other information you have chosen to include as part of your application e.g. information detailed on your Curriculum Vitae or offered at an interview
Details of your use of business related social media such as LinkedIn
Information about medical or health conditions, including whether or not you have a disability for which we need to make reasonable adjustments
Equal opportunities monitoring information, including information about your racial or ethnic origin, sexual orientation, health and religious or similar beliefs
Other Data
Information we ask for or that you volunteer to us when you correspond with us by email, post or telephone
We collect and use this personal data for the purposes described in the sections: ‘How and why we use your personal data’ and ‘How and why we use special category and criminal offence data’ (see below).
If you do not provide personal data
You are under no statutory or contractual obligation to provide data to us during the recruitment process. However, if you do not provide the information, we may not be able to process your application properly or at all.
You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your application if you choose not to provide such information.
How your personal data is collected
We may collect this information from you directly through our online applicant system (with your permission), through a recruitment agent (with your permission) via our online applicant system, your referees (details of whom you will have provided) and your education provider. The online applicant system is currently Teamtailor and is accessible via our website www.trethowans.com.
Personal data might be contained in Curriculum Vitaes, applications forms, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment. We will seek information from third parties only once a job offer to you has been made and will inform you that we are doing so.
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a proper reason for doing so, for example:
- to take steps to enter into a contract of employment (if you become an employee), the LLP Agreement (if you become a Partner) and your apprenticeship agreement (if you become an apprentice);
- to comply with our legal and regulatory obligations;
- for our legitimate interests or those of a third party; or
- where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
What we use your personal data for
The table below explains what we may use your personal data for during the recruitment process and our lawful basis for doing so.
Our purpose for using your personal data
What we do with your personal data
Lawful basis relied on under the UK GDPR
What personal data we use (the terms used in this column are taken from the table “Personal data we collect and use”)
To consider your suitability for a role with us
We will collect relevant personal data and use it to assess your suitability for a role with us and communicate our decision to you. We will store your personal data on our IT systems and destroy it in accordance with our data retention and other business policies
Necessary for your and our legitimate interests i.e. to deal with the recruitment process: Article 6(1)(f) UK GDPR
Identity Data
Contact Data
Recruitment Data
Other Data
To decide whether or not to employ you
We will use your personal data to decide whether or not to employ you and to communicate our decision to you
Necessary for your and our legitimate interests i.e. to deal with the recruitment process: Article 6(1)(f) UK GDPR
Identity Data
Contact Data
Recruitment Data
Other Data
To carry out pre-employment checks if you are successful
We will collect relevant personal data to enable us to carry out pre-employment checks
Necessary for compliance with a legal obligation to which we are subject (e.g. entitlement to work in the UK legislation): Article 6(1)(c) UK GDPR
Identity Data
Contact Data
Recruitment Data
Other Data
To decide the level of your remuneration and the other terms of your contract of employment with us if you are successful
We will use your personal data to decide on your contract terms if you are successful and to communicate these to you
Necessary to take steps at your request before entering into a contract with you: Article 6(1)(b) UK GDPR
Identity Data
Contact Data
Recruitment Data
Other Data
To determine whether we need to make any reasonable adjustments during the recruitment process or to your workplace or role if you are successful, because of any disability that you may have
We will collect relevant personal data and use it to make decisions about and implement reasonable adjustments
Necessary for compliance with a legal obligation to which we are subject (e.g. Equality Act 2010): Article 6(1)(c) UK GDPR
Identity Data
Recruitment Data
Other Data
To monitor diversity and equal opportunities
We will use your personal data to analyse diversity and equal opportunities within our recruitment process
Necessary for your and our legitimate interests e.g. to help remove unfairness and disadvantage in our recruitment process and identify underlying causes of workplace inequality: Article 6(1)(f) UK GDPR
Identity Data
Recruitment Data
Other Data
To monitor and protect the health and safety of you, our employees, clients and others
We may use your personal data (including special category data e.g. health information) to assess and advise you on e.g. whether or not to come into the office so as to protect you and others
Necessary for compliance with a legal obligation to which we are subject (e.g. health and safety legislation): Article 6(1)(c) UK GDPR
Identity Data
Contact Data
Recruitment Data
Other Data
To prevent and detect fraud against you or us
We will check and monitor the security of our email and IT systems which hold your personal data and undertake other verification checks of your personal data (as necessary)
Necessary for your and our legitimate interests i.e. to minimise fraud that could be damaging for us and for you: Article 6(1)(f) UK GDPR
Potentially any personal data held
For enquiries or investigations by regulatory bodies (e.g. the Solicitors Regulation Authority or the Information Commissioner’s Office) or law enforcement agencies
We will extract your personal data from our IT systems and disclose it as required by law or further to a court order
Necessary for compliance with a legal obligation to which we are subject (e.g. data protection law, solicitors’ professional rules or a court order): Article 6(1)(c) UK GDPR
Potentially any personal data held
To ensure our business policies are adhered to e.g. policies covering security and internet use
We will check our use of your personal data against our business policies
Necessary for our legitimate interests i.e. to make sure we are following our own internal procedures: Article 6(1)(f) UK GDPR
Potentially any personal data held
To ensure the confidentiality of commercially sensitive information
We will put in place reasonable and appropriate security measures to protect the integrity of our systems that hold your personal data
Necessary for our legitimate interests i.e. to protect commercially valuable information: Article 6(1)(f) UK GDPR
Necessary for compliance with a legal obligation to which we are subject (e.g. solicitors’ professional rules): Article 6(1)(c) UK GDPR
Potentially any personal data held
To prevent unauthorised access and modifications to our systems
We will put in place reasonable and appropriate security measures to protect the integrity of our systems that hold your personal data
Necessary for compliance with a legal obligation to which we are subject (e.g. data protection law): Article 6(1)(c) UK GDPR
Necessary for our legitimate interests or those of a third party i.e. to prevent and detect criminal activity that could be damaging for us and for you: Article 6(1)(f) UK GDPR
Potentially any personal data held
To update and maintain recruitment records
We will enter and hold your personal data in the relevant parts of our IT systems and we may hold your personal data in manual records
Necessary to take steps at your request before entering into a contract with you: Article 6(1)(b) UK GDPR
Necessary for compliance with a legal obligation to which we are subject (e.g. data protection law and solicitors’ professional rules): Article 6(1)(c) UK GDPR
Necessary for our legitimate interests or those of a third party i.e. to make sure we can keep in touch with you where necessary: Article 6(1)(f) UK GDPR
Identity Data
Contact Data
Recruitment Data
Other Data
For employee management, training and administration
We will access and use your personal data held in our IT systems and may use it in emails between our employees and for training purposes
Necessary for our legitimate interests i.e. to make sure we are following our own internal procedures and working efficiently: Article 6(1)(f) UK GDPR
Potentially any personal data held
To deal with complaints or legal claims against us
We will review your personal data held in our IT systems and may collect other information relevant to the complaint/legal claim. We will review any information collected and assess the merits of any complaint or legal claim. We may also communicate with third parties as necessary to seek advice/representation and/or in connection with legal or prospective legal proceedings
Necessary for our legitimate interests i.e. to ensure that we are able to respond to any complaints or legal claims made against us: Article 6(1)(f) UK GDPR
Potentially any personal data held
To administer and protect our business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
We will use your personal data held in our IT systems
Necessary for our legitimate interests i.e. for running our business, network security, to prevent fraud and in the context of a business reorganisation: Article 6(1)(f) UK GDPR
Necessary for compliance with a legal obligation to which we are subject (e.g. data protection law): Article 6(1)(c) UK GDPR
Potentially any personal data held
To provide personal data to other parties that have or may acquire control or ownership of our business or part of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition or asset sale or in the event of our insolvency
We will extract your personal data from our IT systems and disclose it as necessary
Necessary for your and our legitimate interests (e.g. to ensure continuity of legal services): Article 6(1)(f) UK GDPR
Potentially any personal data held
Usually information will be anonymised during a transaction and until completion of the transaction but this may not always be possible
How and why we use special category and criminal offence data
Under data protection law, we can only use special category or criminal offence data where:
- we have a proper reason for doing so (see above: ‘How and why we use your personal data’); and
- one of the ‘grounds’ for using special category or criminal offence data applies.
There are a number of potential grounds for using special category or criminal offence data under data protection law.
We do not need your consent to process your special category or criminal offence data if one of the following additional grounds applies:
- where it is necessary for carrying out rights or obligations under employment law (this does not apply to criminal offence data);
- where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
- where you have made the personal data public;
- where processing is necessary for an actual or potential legal claim (which includes obtaining legal advice);
- where processing is necessary for the assessment of your working capacity (this does not apply to criminal offence data); or
- where it is necessary for complying with a regulatory requirement (this only applies to criminal offence data).
When would we ask for your consent
In most situations we will not rely on your consent as a lawful ground to process your personal data (including special category and criminal offence data). If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent. Also, where we rely on consent as a lawful basis to process your personal data, you have the right to withdraw your consent at any time. To do this, please contact our Head of People & Culture, Kate Ellis or another member of the HR Team in her absence (see below: ‘How to contact us’).
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
Who we share your personal data with
Depending on the circumstances, we may share your personal data with:
Category of recipient
Further details of recipients
Use by recipient
Relevant categories of personal data that may be transferred to recipient (depending on service provided/reason for transfer)
(The terms used in this column are taken from the table “Personal data we collect and use”)
Online applicant system
Teamtailor
To provide recruitment services
Identity Data
Contact Data
Recruitment Data
Other Data
Professional recruitment agents
To provide recruitment services
Identity Data
Contact Data
Recruitment Data
Other Data
Our insurers, brokers and professional advisers in the event of a complaint or legal claim against us or where we require external advice or assistance
Professional advisers e.g. solicitors, barristers, IT specialists
To assist, advise and represent us as necessary
Identity Data
Contact Data
Recruitment Data
Other Data
Our regulator
The Solicitors Regulation Authority
To assess our compliance with our regulatory and professional obligations
Identity Data
Contact Data
Recruitment Data
Other Data
External IT service providers
e.g. IT platform hosting provider, IT support, email security, email service provider, document management providers, application software providers, cyber security provider
To provide the relevant IT service to us
Identity Data
Contact Data
Recruitment Data
Other Data
Other external service providers
e.g. telephone answering service, typing services, data analytics providers
To provide the relevant service to us
Identity Data
Contact Data
Recruitment Data
Other Data
Law enforcement/regulatory agencies
To carry out their investigations
Identity Data
Contact Data
Recruitment Data
Other Data
Other parties that have or may acquire control or ownership of our business or part of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition or asset sale or in the event of our insolvency
Potentially any personal data held
Usually information will be anonymised during a transaction and until completion of the transaction but this may not always be possible
We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us. Other recipients, such as our professional advisers are bound by confidentiality obligations.
Where you use an IT product, system or service for business purposes, the IT service provider may collect your personal data and use it for their own business purposes such as improving their products and services or developing new products and services. Where such an IT provider collects and uses your personal data for their own purposes, the IT service provider will be an independent controller of your personal data entirely separate to Trethowans and therefore we advise you to read their privacy notice.
How long your personal data will be kept
We keep your personal data for as long as is necessary to fulfil the purposes we collected it for. Information about how long we retain such personal data is set out below.
If you have registered on our online applicant system but not submitted any applications:
Rule name
Reason for retention
Retention period
Agreed privacy policy - no submitted applications
You have agreed to the privacy policy but have no applications.
12 months from agreeing to the privacy policy.
In progress application
You have started or updated an in progress application.
12 months from last update.
If you have submitted an application on our online applicant system:
Application Status
Reason for retention
Retention period
Successful application
You have a successful application.
18 months from submission of successful application.
Unsuccessful application
You have an unsuccessful application or have withdrawn your application for consideration for this role.
18 months from submission of unsuccessful/withdrawn application.
No final recruitment status
You have an application which has not been marked as successful, withdrawn or unsuccessful.
18 months from submission of application.
Explicit extended consent
If we ask to keep hold of your data e.g. to consider you for future roles or to continue to send you job alerts.
For 28 days following the request to keep your data.
If you agree, then we will retain your data as long as agreed with you.
Agreed privacy policy - applications
You have agreed to the privacy policy and have submitted applications. The most likely reason for this rule applying is that you have logged in and agreed a new or amended privacy policy.
12 months from agreeing to the privacy policy.
If you fall into more than one of these categories, the longest retention period will apply.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The period for which your personal data will be held will be provided to you in our Data Protection Privacy Notice for Partners and Employees.
Transferring your personal data outside of the UK
It may be necessary for us to share your personal data outside the UK e.g. with external suppliers located outside the UK. We will ensure that the transfer complies with relevant data protection law by ensuring that e.g.
- the country to which the personal data is being transferred is subject to an adequacy regulation further to Article 45 of the UK GDPR i.e. it has been decided by the UK government that the particular country ensures an adequate level of protection of personal data;
- the transfer is necessary for the performance of a contract between you and us further to Article 49 of the UK GDPR;
- the transfer is necessary to establish, exercise or defend legal claims further to Article 49 of the UK GDPR;
- there are appropriate safeguards in place between us and the organisation receiving it together with enforceable rights and effective legal remedies for you (e.g. by the use of approved data protection contractual terms); or
- you have provided explicit consent to the proposed transfer after being informed of any potential risks under Article 49 of the UK GDPR.
Where we transfer your personal data outside of the UK, we do so on the basis of an adequacy regulation or (where this is not available) by way of legally-approved standard data protection clauses recognised or issued further to Article 46(2) of the UK GDPR. In the event that we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by data protection law and reflected in an update to this privacy notice.
Please contact our Head of People & Culture (Kate Ellis) or our Privacy Officer (Sarah Wheadon) (see below: ‘How to contact us’) if you want further information on the specific mechanism used by us when transferring your personal data outside of the UK.
Your rights
You have the following rights, which you can exercise free of charge:
Access
The right to be provided with a copy of your personal data and certain other information
Rectification
The right to require us to correct any mistakes in your personal data
To be forgotten
In certain situations, the right to require us to delete your personal data
Restriction of processing
In certain situations, the right to require us to restrict processing of your personal data e.g. if you contest the accuracy of the data
Data portability
In certain situations, the right to ask us to transfer any personal data you provided to us to another organisation
To object
The right to object at any time in certain situations to our continued processing of your personal data e.g. where processing is carried out for the purpose of our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
To withdraw consent
If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time. To do this, please contact our Head of People & Culture, Kate Ellis or another member of the HR team in her absence (see below: ‘How to contact us’)
Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn
We do not use personal data for automated decision making.
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the Information Commissioner’s Office (ICO) on individuals’ rights.
If you would like to exercise any of those rights, please contact our Head of People & Culture, Kate Ellis or another member of the HR team in her absence (see below: ‘How to contact us’) and let us know what right you want to exercise and the personal data to which your request relates.
Keeping your personal data secure
We have put in place reasonable and appropriate security measures to endeavour to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a data security breach where we are legally required to do so.
How to complain
We hope that we can resolve any query or concern you may raise about our use of your personal data. If you want to complain about how we have used your personal data, please contact our Head of People & Culture (Kate Ellis) or our Privacy Officer (Sarah Wheadon) (see below: ‘How to contact us’) without delay.
However, if we are not able to resolve your complaint to your satisfaction, you can complain to the UK’s data protection authority, the Information Commissioner’s Office (ICO). Further information about how to make a complaint to the ICO can be found on the ICO website www.ico.org.uk.
How to contact us
Please contact us by email, post or telephone if you have any questions about this privacy notice or the information we hold about you.
Our contact details are shown below:
Our contact details
Our Head of People and Culture’s details
Our Privacy Officer’s details
Trethowans LLP
1 London Road, Salisbury, Wilshire, SP1 3HP
01722 412512
Kate Ellis
kate.ellis@trethowans.com
The Pavilion, Botleigh Grange Business Park
Hedge End, Southampton SO30 2AF
023 8032 1000
Sarah Wheadon
gdpr@trethowans.com
The Pavilion, Botleigh Grange Business Park
Hedge End, Southampton SO30 2AF
023 8032 1000
Do you need extra help?
If you would like this notice in another format (for example large print) please contact us (see above ‘How to contact us’).
March 2024
