PRIVACY POLICY

What is the purpose of this document?
Mondottica Ltd are 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 General data Protection Regulation (GDPR). It applies to all employees, agents, contractors, suppliers and customers or potential thereof.
Mondottica Group Ltd is a ‘data 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, agents, contractors, suppliers and customers or potential employees, agents, contractors, suppliers and customers in respect of whom we hold personal data. This notice does not form part of any contract of employment, a contract to provide services or any other contract. We may update this notice at any time.
It is important that you read 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 such information.
Data protection principles
We will comply with data protection law. This 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 for these 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 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 identity has been removed (anonymous data). There are ‘special categories’ of more sensitive personal data which require a higher level of protection.
Depending on the relationship and circumstances, we may collect, store and use the following categories of personal information about you:
• Personal contact details such as name, title, address, telephone numbers and email addresses.
• Date of birth.
• Gender.
• Marital status.
• 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 of job role.
• Location of employment, workplace or business premises.
• Copy of identity documents, such as passports, driving licence, utility bills.
• Recruitment information (including copies of right to work documentation, interview notes, references and other information included in a CV or cover letter as part of the recruitment process).
• Employment records (including job titles, work history, working hours, training records and professional memberships).
• Salary, commission and bonus payments.
• Performance information.
• Disciplinary and grievance information.
• Information obtained through electronic means such as telephone recordings, email usage data, internet usage data and electronic banking systems.
• Information about your use of our information and communications systems.
• Photographs.
We may also collect, store and use special categories of more sensitive personal information:
• Information about your health relevant to your work, including, for example, any medical condition, health and sickness records.
• Information about criminal convictions and offences as part of a recruitment process.
How may your personal information be collected?
We may collect personal information about employees, agents, contractors, suppliers and customers or potential thereof in a number of different ways. This includes through a third party, for example a recruitment agency. We may sometimes collect information from third parties including former employers, credit reference agencies or other background check agencies.
We may also collect personal data which is publicly available on websites such as LinkedIn. We may use third-party applications which source their data from publicly-available websites.
We may collect additional personal information in the course of business-related activities throughout the period of you working/dealing with us.
How we may use information about you
We will only use your personal information when the law allows us to. Most commonly, we may use your personal information in the following circumstances:
1. Where we are taking steps at your request prior to entering into any contract. 2. Where we need to perform a contract which we have entered into with you. 3. Where we need to comply with a legal obligation. 4. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 5. Where it is necessary to protect the vital interests of you or another person. 6. Where it is needed in the public interest or for official purposes.
Situations in which we may use your personal information
We may need the categories of information for the reasons set out above. This may be where we are taking steps at your request prior to entering into a contract and to perform a contract we have entered into with you. 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 may process your personal information are listed below. The list below indicates the categories of data which may be involved in processing your personal information (depending on the circumstances).
• Making decisions about recruitment and selection.
• Determining terms of contracts.
• Checking legal entitlement to work in the UK.
• Making payments to you, receiving payments from you and making the relevant contributions on your behalf.
• Providing contractual benefits to you.
• Liaising with the Pension provider.
• Administration of contract management.
• Business management and planning including accounting and audits.
• Making decisions about salaries and compensation.
• To contact you regarding your employment, service requirements or business needs.
• Conducting a credit check on you as a potential customer.
• 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 and making arrangements for any termination of contracts.
• Education, training and development needs.
• Dealing with legal disputes involving you, or other employees, agents, contractors suppliers or customers, including accidents at work.
• Ascertaining your fitness to work and managing sickness absence.
• Complying with Health and Safety regulations.
• To prevent fraud.
• Equal opportunities monitoring.
• To contact you with information about our business and our services.
• 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 unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.
• To conduct data analysis studies to review and better understand employee statistics, supplier and customer information.
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, or we may be prevented from complying with our legal obligations.
Change of purpose
We will only use your personal information for the purposes for which we collect 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.
We may process your personal information without your knowledge or consent where this is required or permitted by law.
How we may use special categories personal information
Special categories of sensitive personal data require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances: 1. Where we need to carry out our legal obligations or exercise specific rights (either yours or ours) related to employment and in line with our data protection policy. 2. Where it is needed in the public interest, such as for equal opportunities monitoring, and in line with our data protection policy. 3. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards. 4. In limited circumstances, with your explicit written consent.
Our obligations as an employer
We may use special categories of personal information in the following ways:
• We may use information relating to absence, which may include sickness absence or domestic absence, to comply with employment and other laws.
• We may 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.
• We may use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, 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.
Information about criminal convictions
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy. Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary 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 envisage that we may hold information about criminal convictions.
We will only collect information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you in the course of you working for us. We may use information about criminal convictions and offences in the following ways:
• To consider your suitability for a role with clients or with us.
Automated decision-making
You will not be subject to decisions which 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. As we are an international company, we may transfer your personal information outside of the EU. If we do, you can expect a similar degree of protection in respect of your personal information.
Why might you share my information with third parties?
We may 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) and other entities within our group. The following activities are carried out by third-party service providers: payroll, pension administration, benefits provisions and administration and recruitment services.
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.
When might you share my personal information with other entities in the group?
We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data, or where we consider that another group entity is better placed to consider your suitability for a potential role.
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. We may also need to share your personal information with a regulator or to otherwise comply with the law.
Data security
We have put in place measures to protect the security of your information, for example to backup and protect the integrity of our electronic communications and data storage systems. Details of these measures are available upon request. Third parties may only process your personal information on our instructions and where they have agreed to treat the information confidentially and 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 unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors, suppliers and customers and other third parties who have a business need to know. They may 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 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 is necessary to fulfil the purposes we collected it for, including the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period of personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized 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, and 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 such information without further notice to you. Once you are no longer an employee, agent, contractor, supplier or customer of the company we will retain and securely destroy your personal information in accordance with 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 write to us.
No fee usually required
You will not have to pay a fee to access your personal information (or exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us to 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 write to us. 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 have appointed a data protection office (DPO) 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. You 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 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 data protection /privacy notice, please contact us.