ASTON MARTIN DATA PRIVACY NOTICE FOR EMPLOYEES AND CONTRACTORS.
In order that Aston Martin (“the Company” or “we”) can effectively meet its obligations arising under contracts of employment and agency worker contracts, as well as comply with statutory obligations and fulfil its management responsibilities, the Company must process personal data relating to employees and agency workers.
This notice describes the personal data which the Company collects from and about you during our working relationship and describes how we use that information, to whom we may disclose that information and why. The notice is addressed to all employees and agency workers working at Aston Martin, (referred to throughout as “you”) and is designed to meet the principles of the General Data Protection Regulation 2016 (GDPR).
You will see references in this document and elsewhere to “processing” of data by the Company. This refers to the initial collection of data, storage and use of personal data as well as access, disclosure and eventual deletion of such personal data.
This notice does not form part of any contract of employment or other contract. We may update this policy from time to time and will notify you of any changes and place an updated copy on the Company intranet site.
It is important that you read this notice, so that you are aware of how and why we process such information and what your rights are under the data protection legislation.
Please be aware that in processing such personal data, the Company undertakes to protect the privacy and security of your personal information at all times.
DATA PROTECTION PRINCIPLES
As part of our compliance with the GDPR, we will ensure that the personal information we hold about you is:
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.
CATEGORIES OF PERSONAL INFORMATION WE MAY 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 and the information is anonymous.
There is a further category of ‘sensitive personal data’ which requires a higher level of protection, such as information about a person’s health, racial background or trade union status.
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.
- 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.
- Job related details such as job title, job grade and line manager
- Leaving date and your reason for leaving, exit interviews.
- 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, interview questions and assessment centre records).
- Employment records (including job titles, work history, working hours, holidays, training records, individual development plans, career development profiles 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.
- Passport and visa details.
- Maternity/ paternity leave details
- Car scheme information for anyone using the Ford, Mercedes, Fiat Group or Aston Martin schemes
- Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.
- Use of company systems including email, internet and company mobile ‘phone
- Information disclosed on employee’s or contractor’s social media sites
- Emails- We may retain copies of emails transmitted between parties in relation to establishing terms of employment and administering the employment contract
- Evidence that an employee has developed a design, patent or other invention
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Trade union membership.
- Self-declared racial or national origin
- Information about your health, including any medical condition, health and sickness records, including:- where you are absent from employment, or you leave employment, and the reason for leaving is determined to be ill-health, injury or disability, the records relating to that absence or ;
- details of any absences on sick leave.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We collect personal information about employees and agency workers through the application and recruitment process, either directly from candidates or sometimes from an employment agency. We also collect personal information from you, in the form of a wide range of personal details and from your manager, for example in the form of performance management information. We may sometimes collect additional information from third parties such as the employment agency through which your services are provided, or from the pension trustee or pension administrator. On occasion we may derive information about you through your use of company systems or devices, or through your use of public social media sites, such as LinkedIn.
We will also collect additional personal information in the course of job-related activities throughout the period of you working for us.
The personal information is stored in secure HR systems such as the Page Up recruitment system for job application information and HRe for all personal employee information. Data of employees starting before 2014 is held in a personnel file stored in a filing system in locked filing cabinets and is subject to restricted access and other security arrangements. Security measures adopted by the Company in relation to personal data are referred to elsewhere in this notice.
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 or administer our employment contract or your provision of services as a contractor.
2. Where we need to comply with a legal obligation, for example to process statutory sick pay or to deduct tax and national insurance contributions at source.
3. Where it is necessary for our legitimate interests as employer and as operator of a vehicle design, manufacturing and sales company, or for the legitimate interests of a third party, and where your interests and fundamental rights do not override those interests.
We may also use your personal information where it is needed in the public interest or for official purposes, for example in detection of crime.
Situations in which we will use your personal information.
We use the categories of information in the list above primarily to allow us to perform our employment contract with you (if you are an employee), to administer your agency contract and provision of your services (if you are an agency worker) and to enable us to comply with legal obligations. In some cases, we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
The situations in which we will process your personal information are listed below.
- Making a decision about your recruitment or appointment.
- Determining the terms on which you work for us.
- Checking that you are legally entitled to work in the UK.
- Paying you, or the agency through which you work 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: car lease schemes, discounts, health cover, eye care scheme, cycle2work, childcare scheme.
- 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 the Company
- 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.
- Sponsoring visa applications for work in the UK or elsewhere
- Hearing and determining possible grievance or disciplinary issues and gathering evidence in relation to such matters
- 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 and making reasonable adjustments under disability discrimination laws, where relevant.
- Managing sickness absence.
- Complying with health and safety obligations and meeting our duty of care towards you in our workplace.
- To prevent fraud.
- To monitor your use of our information and communication systems to ensure compliance with our policies on use of company systems
- To ensure compliance with policies on corporate conduct, (for example our disciplinary and grievance policies, policies on confidential information and intellectual property, equal opportunities and dignity at work.
- To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
- 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 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.
SENSITIVE PERSONAL DATA
“Sensitive personal data” requires higher levels of protection and the law requires us to show additional justification for collecting, storing and using this type of personal information.
The sensitive personal data we may process includes:
- Trade union membership.
- Self-declared racial or national origin
- Information about your health, including any medical condition, health and sickness records. This incudes where you are absent from employment or you leave employment, and the reason for leaving is determined to be ill-health, injury or disability, the records relating to that absence or resignation/termination and the underlying health condition.
We will process sensitive personal data:
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 schemes.
Less commonly, we may process this type of information where it is needed in relation to the establishment or defence of 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.
We will use sensitive personal data in the following ways:
- We will use information relating to absence, which may include sickness absence or family related leave, to comply with relevant laws and to arrange payment of any related sick pay, maternity pay or paternity pay.
- We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and permanent health insurance. Where appropriate the information will be collected and managed by a health professional. Any such data will be treated in confidence at all times.
- If you apply for an ill-health pension under a pension arrangement operated by a group company, we will use information about your physical or mental health in reaching a decision about your entitlement.
- We will use information about your race or national or ethnic origin to ensure meaningful equal opportunity monitoring and reporting.
- We will use trade union membership information to pay trade union premiums, notify the trade union of its members at the workplace, register the status of a protected employee and to comply with employment law obligations.
Do we need your consent to process sensitive personal data?
We do not need your consent if we use these categories of your personal information in order to carry out our legal obligations or exercise specific rights and obligations under employment law or other laws. The law also permits us to process sensitive personal data without your consent for the purposes of occupational medicine, medical diagnosis or assessment of your working capacity. We may also use such information without your consent in order to establish legal clams or defend such claims, or where there is a substantial public interest in processing the information and our use of the information is proportionate to the aim of the public interest.
In some circumstances, we may approach you for your written consent to allow us to process certain sensitive personal 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.
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 21 days to request a reconsideration.
2. Where it is necessary to perform or enter into a contract with you.
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.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
SHARING OF YOUR PERSONAL DATA WITH THIRD PARTIES
We may have to share your data with third parties, including third-party service providers and other entities in the group. 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. For example, we will share personal data regarding your participation in any pension arrangement operated by a group company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements.
These third-party service providers, and their reason for processing your personal data, are as follows:
Reason for Processing
SD Works (HRE payroll system / HR Source- Historical data), Celergo (international employees)
• To process the employment contract
• To pay employees each month in the way of salary, overtime etc
Millbank, Hamtons, GI Group or any other agency the company chooses to work with
• To process job applications
Page Up (applicant tracking system)
• To process job applications
• To process expenses
Business Travel Direct
• To process travel requests
• To process DC pension contributions/ deductions
• To process DB pension
Health Shield/ Simply Health
• To process health care benefits
• To process health care benefits
• To process car scheme benefit
Eopaz (employee health record storage system)
• To support Occupational Health service
• To comply with company obligations under the Equality Act 2010
• To comply with Health and Safety at work Act 1974
• To ensure the company can meet its duty of care to employees
Kallidus (new LMS)
• To provide evidence of training received and competency levels
• To facilitate the performance management procedure
• To facilitate the compensation and benefits process
•To facilitate succession planning and talent management
We take steps to ensure that third parties respect the security of your data and use it in accordance with the law and the data protection principles.
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 may share your personal information with other third parties, for example in order to obtain legal or financial advice or advice regarding business development or restructuring, or with a regulator (for example, HMRC) or to otherwise comply with the law. In such cases we would first establish whether the personal data can be supplied ion an anonymous basis.
We will not transfer the personal information we collect about you outside the EU in order to perform our contract with you, except with your prior consent.
We have put in place measures to protect the security of your information. Details of these measures include lockable drawers, locked filing cabinets with restricted access, confidential waste bins, secure HR systems and shared drives with restricted access.
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. In addition, 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. [Details of these measures may be obtained from the Director of IT.
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.
We will only retain your personal information for as long as necessary to fulfil the purpose it was first obtained, 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 records retention policy. We consider that the appropriate retention period for personal data and sensitive personal data is the length of the employment contract, plus a period of ten years after termination of employment. After that time, we will securely destroy your personal information. Once you are no longer an agency worker we will securely destroy your personal information 12 months after the end of your engagement.
RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
It is important that the personal information we hold about you is accurate and up to date. Please keep us informed if your personal information changes during your working relationship with us. If you have changes to make to your personal data, please complete a change of personal details form and submit to the HR Team, or speak with your HR representative.
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 “subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are processing your information in a manner consistent with the law and with this notice.
- Request correction of the personal information that we hold about you. This enables you to ask for correction of any incomplete or inaccurate information we hold about you.
- 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 you have grounds for objection to this use of your personal data. You also have the right to object should we process 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.
Should you exercise any of these rights, please contact one of the HR Directors, Hazel Martin or Karen Geoghegan.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). We may refuse to comply with all or part of your request if the request for access is clearly unfounded or excessive.
When exercising any of these rights, we may need to request specific information from you to help us confirm your identity and ensure your right to access the information. This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also need to ask you to provide supporting evidence, for example to verify any updated information and to ensure that it is accurate.
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 one of the HR Directors, Hazel Martin or Karen Geoghegan. 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
We will appoint a data protection officer 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 data protection officer.
You also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will upload a new privacy notice to the Company intranet 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 one of the HR Directors, either Hazel Martin or Karen Geoghegan.