Holmes O’Malley Sexton LLP (Holmes) is committed to protecting and respecting your privacy. Holmes is a data controller. This means that we are responsible for deciding how we hold and use personal information about you. You are reading this privacy notice because you are applying for work with us (whether as an employee, worker or contractor). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
DATA PROTECTION PRINCIPLES
We will comply with data protection law and principles, which means that your data will be:-
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
THE KIND OF INFORMATION WE HOLD ABOUT YOU
In connection with your application for work with us, we will collect, store, and use the following categories of personal information about you:-
- The information you have provided to us in your curriculum vitae and covering letter.
- The information you have provided to any recruitment agency.
- Any information you provide to us during an interview.
- Any other information collected during the application process, to include the results of any reference checks or applicable tests.
- Your personal image via CCTV where you attend at our premises for interview.
Holmes will only obtain job related information which is necessary and relevant to the performance of the job being applied for and from time to time this may include sensitive personal information e.g. disability information, health data, cultural, biometric or genetic information.
HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We collect personal information about candidates from the following sources:-
- You, the candidate.
- Any recruitment agency to whom you have provided your information.
- Your named referees, whose details you have provided to us.
HOW WE WILL USE INFORMATION ABOUT YOU
We will use the personal information we collect about you to:-
- Assess your skills, qualifications, and suitability for the role.
- Carry out reference checks, where applicable.
- Communicate with you about the recruitment process.
- Keep records related to our hiring processes.
- Comply with legal or regulatory requirements.
Where you provide personal information either directly or indirectly to us (for example via a recruitment agency) for a job vacancy, your personal information will be processed on the basis of your consent and on the basis of our legitimate interest in placing suitable candidates into relevant roles within the company. Where this information includes sensitive personal information, such information will be
processed as strictly necessary for Holmes to exercise its rights and obligations in the field of employment and social security and social protection law, providing for adequate safeguards for the fundamental rights and interests of data subjects.
IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
If you fail to provide information when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require references for the role and you fail to provide us with relevant details, we will not be able to take your application further.
WHY MIGHT YOU SHARE MY PERSONAL INFORMATION WITH THIRD PARTIES?
Your personal data may be shared with a recruitment provider in order to help us assess your suitability for a potential role. It will also be shared with your referees when we make contact with them to obtain a reference.
All our third-party service providers 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.
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.
HOW LONG WILL YOU USE MY INFORMATION FOR?
If you are successful in your application for a role within Holmes, your personal information will be processed and retained in line with our employee privacy notice which will be provided to you upon commencement of your role with us.
Where you are unsuccessful in your application we will retain your personal information for a period of 12 months after we have communicated to you our decision about whether to appoint you to any position. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
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 email@example.com.
RIGHT TO WITHDRAW CONSENT
When you applied for this role, you provided consent to us processing your personal information for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. To withdraw your consent, please contact firstname.lastname@example.org. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.
If you are unhappy with how we process personal data or if you have any queries or feedback, we ask you to contact us by emailing email@example.com so that we can rectify the situation.
You may also lodge a complaint with the Irish Data Protection Commission at the following address:-
21 Fitzwilliam Square South