Introduction
This privacy policy outlines how we collect, use and protect your personal information when you use our services. By using the service, you agree to the collection and use of information in accordance with this Privacy Policy.
In accordance with the General Data Protection Regulation (GDPR), Sun & Moon Studios Limited has implemented this privacy policy to inform you, as prospective employees of our Company, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
Data Protection Principles
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
- processing is fair, lawful and transparent
- data is collected for specific, explicit, and legitimate purposes
- data collected is adequate, relevant and limited to what is necessary for the purposes of processing
- data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
- data is not kept for longer than is necessary for its given purpose
- data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
- we comply with the relevant GDPR procedures for international transferring of personal data
Types of Data Held
Personal data is any information about an individual from which that person can be identified. It does not include anonymous data which does not identify the individual.
We collect, store and use several categories of personal data on our prospective employees in order to carry out effective and efficient processes. We keep this data in recruitment files relating to each vacancy and we also hold the data within our computer systems, for example, recruitment logs. It is your responsibility to keep us up to date with any changes to your personal details so that we can make sure that your personal data is accurate. If your personal details change, you must notify our HR representative.
Specifically, we collect, store and use the following types of data:
- personal details such as name, previous names, title, address, phone numbers, email address, date of birth;
- name and contact details of your next of kin;
- your photograph;
- your gender, marital status, information of any disability you have or other medical information;
- right to work documentation;
- information on your race and religion for equality monitoring purposes;
- information gathered via the recruitment process such as that entered into a CV or included in a CV cover letter, online portfolio links or professional website links;
- references from former employers;
- details on your education and employment history etc;
- driving licence;
- criminal convictions
Collecting Your Data
You provide several pieces of data to us directly during the recruitment exercise.
In some cases, we will collect data about you from third parties, such as employment agencies, former employers when gathering references or credit reference agencies.
Should you be successful in your job application, we will gather further information from you, for example, your bank details and next of kin details, once your employment begins.
Lawful Basis for Processing
The law on data protection allows us to process your data for certain reasons only.
The information below categorises the types of data processing we undertake and the lawful basis we rely on.
Activity requiring your data |
Lawful basis |
|---|---|
| Carrying out checks in relation to your right to work in the UK | Legal obligation |
| Making reasonable adjustments for disabled employees | Legal obligation |
| Making recruitment decisions in relation to both initial and subsequent employment e.g. promotion | Our legitimate interests to make sure we’re hiring at correct levels in relation to experience and ability e.g. if hiring at junior, mid or senior. |
| Making decisions about salary and other benefits | Our legitimate interests to make sure we are setting salaries at correct rates in line with the appropriate role level for the applicant. |
| Making decisions about contractual benefits to provide to you | Our legitimate interests to provide relevant and supportive benefits to our employees that make a positive impact on their work-life balance. |
| Assessing training needs | Our legitimate interests to make sure all employees are provided with the correct mandatory training, as well as any additional and supportive role based training we can offer, as far as reasonably practicable. |
| Dealing with legal claims made against us | Our legitimate interests to fully investigate any claims made against the company. |
| Preventing fraud | Our legitimate interests to safeguard against fraudulent activity and prevent this taking place. |
Special Categories of Data
Special categories of data are data relating to your:
- health
- sex life
- sexual orientation
- race
- ethnic origin
- political opinion
- religion
- trade union membership
- genetic and biometric data.
We will only collect criminal conviction data where it is appropriate given the nature of your role and where the law permits us. This data may be collected at the recruitment stage where appropriate to your role, however, may also be collected during your employment. We may use criminal conviction data to determine your suitability, or your continued suitability for the role.
We typically only carry out processing activities using special category data for the below reasons:
- for the purposes of equal opportunities monitoring
- to determine reasonable adjustments
Most commonly, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process data for reasons of substantial public interest
- you have already made the data public.
Failure to Provide Data
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of employment with you. This could include being unable to offer you employment, or administer contractual benefits.
Who We Share Your Data With
Employees within our company who have responsibility for recruitment will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processed in line with GDPR.
Data is shared with third parties for the following reasons: to use our ATS Recruitment system and to carry out Right to Work Checks. The third parties who will process your personal data for this purpose are Hireful (our current ATS Recruitment system) and Zinc (a home-office approved Identity Service Provider and uses document validation technology to confirm identity and perform the right to work check, which are a legal requirement).
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us.
We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We do not share your data with bodies outside of the European Economic Area.
Protecting Your Data
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
Retention Periods
We only keep your data for as long as we need it for, which, in relation to unsuccessful candidates, is typically six months to a year.
If your application is not successful and we have not sought consent or you have not provided consent upon our request to keep your data for the purpose of future suitable job vacancies, we will keep your data for six months once the recruitment exercise ends.
If we have sought your consent to keep your data on file for future job vacancies, and you have provided consent, we will keep your data for 12 months once the recruitment exercise ends. 1 month before the end of this period, we will reach out to request consent for your data to stay on our candidate database for another 12 months.
At the end of this period, we will delete or destroy your data, unless the below cases have occurred:
- When you receive the annual request to keep your data, you give your consent for us to keep your data for another 12 months. At the end of his period, the process will repeat until we no longer receive your consent and will delete or destroy your data.
- You have already withdrawn your consent to our processing of your data in which case it will be deleted or destroyed upon your withdrawal of consent
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data and there will be no consequences of withdrawing consent.
If your application is successful, your data will be kept and transferred to the systems we administer for employees.
Automated Decision Making
Automated decision making means making decisions about you using no human involvement e.g. using computerised filtering equipment. We will make some decisions about you based on automated decision making (where a decision is taken about you using an electronic system without human involvement).
Decisions made using automated decision making, will typically only apply to applicant location, in situations where Sun & Moon Studios Limited have broadcaster requirements to adhere to. This will not apply to every vacancy and will be dependent on the production’s broadcasting agreement. In these situations, automatic decision making will be used to filter applications based on location but will not exclude applicants from human involvement and application reviews.
Your Rights
You have the following rights in relation to the personal data we hold on you:
- the right to be informed about the data we hold on you and what we do with it;
- the right of access to the data we hold on you. We operate a separate Subject Access Request policy and all such requests will be dealt with accordingly;
- the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
- the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
- the right to restrict the processing of the data;
- the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
- the right to object to the inclusion of any information;
- the right to regulate any automated decision-making and profiling of personal data.
In addition to the above rights, you also have the unrestricted right to withdraw consent, that you have previously provided, to our processing of your data at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.
Changes to This Privacy Policy
We may update Our Privacy Policy from time to time. We will notify you of any changes by publishing the new Privacy Policy here.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are published on this page.
Contact Us
If you have any questions about this policy, you can contact us at info@sunandmoonstudios.co.uk