Recruitment Privacy Notice – Applicants/Candidates

About Us

MacRoberts LLP, having its registered office at Excel House, Semple Street, Edinburgh, EH3 8BL (Registered Number: SO301699) (“we”, ”our”, “us”). We respect your privacy (“you”) and we recognise the need for appropriate protections and management of your personal information.

When we, and our service providers, collect and use your personal information we are the data controller for the purpose of Data Protection Legislation (defined below).

Purpose of this Privacy Notice

We have prepared this Privacy Notice to assist you in understanding what information we collect about you when you apply for a job with us and how that information is used by us and by third parties as part of the recruitment process.

If you are successful and we offer you a position, we will provide you with a further privacy notice to explain how we use your personal data during your employment with us.

Key Terms

Criminal convictions data means data relating to the alleged commission of offences; or proceedings for an offence committed or alleged to have been committed or the disposal of such proceedings, including sentencing.

When we refer to Data Protection Legislation we mean the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR); and any legislation implemented by the UK to give effect to the derogations permitted under the GDPR.

Personal information is information that can be used to identify or contact a specific individual, such as a name, address, telephone number, email address, etc., and also online identifiers and location data such as IP addresses and mobile device IDs.

Special category data means personal information revealing your racial or ethnic origin; political opinions; religious or philosophical beliefs; or trade union membership; genetic data; biometric data; data related to your health or data concerning your sex life or sexual orientation; and criminal convictions or involvement in criminal proceedings.

A data controller is someone who decides why personal data is to be collected and how it will be used and treated.

Contact Us

If you have any questions regarding the Recruitment Privacy Notice you can contact us at: hr@macroberts.com.

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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to this Privacy Notice

We may be required to update this privacy notice from time to time. Any changes we may make to our privacy notice in the future will be notified to you if they affect you.

Collecting Your Personal Information

We collect personal information about candidates from the following sources:

  • You, the candidate when you contact us or when you correspond with us by email, phone or letter.
  • Through recruitment agencies or advertising platforms who will pass your details to us.
  • Your named referees.
  • Disclosure Scotland in respect of any criminal convictions data.
  • From a publicly accessible source including, but not limited to, social media accounts (such as LinkedIn), the Law Society of Scotland website, the Law Society of England and Wales website, solicitors roll and internet searches.

How do we use your personal information and why? (click here)

Do we share personal information?

We contract with third party service providers and suppliers to deliver certain services. 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.

The following third parties may have access to your personal information for the purposes noted below:

  • Microsoft currently hosts our email on Office 365;
  • Shred All Scotland currently provides us with confidential waste services for paper files (e.g. if we print your CV it may be securely disposed of by Shred All Scotland;
  • Integral Occupational Health Limited currently provide us with occupational health services and may have access to your health data for these purposes;
  • we are part of a group structure, and your personal information may require to be transferred to one or more of our group companies;
  • Disclosure Scotland in respect of criminal convictions data;
    any other person who is authorised to act on your behalf;
  • regulators, government departments, law enforcement authorities, tax authorities and insurance companies;
  • any relevant dispute resolution body or the courts; and
  • persons or organisations in connection with any sale, merger, acquisition, disposal, reorganisation or similar change in our business.

Our service providers change from time to time and we will inform you if this is the case. We will not sell, trade or lease your personal information to others.

Where do we store your information?

The data that we collect from you will usually be stored inside the UK or the European Economic Area (EEA).

However, if you live or work outside of the UK or the EEA, we may need to transfer your personal data outside of the UK or the EEA to correspond with you.

We also may transfer data outside the UK or the EEA where our, service providers host, process, or store data outside the UK or the EEA. Where we do this, we will ensure that the transfer is to a country covered by a decision of the European Commission or is otherwise made in circumstances where we have put appropriate safeguards are in place to protect your data in accordance with the Data Protection Law.

Your Rights

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You can exercise your rights by contacting us at hr@macroberts.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Further details about your rights can be found on the ICO’s website at https://ico.org.uk/.

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