Learnberly Employee Privacy Notice (1)
Learnberly Employee Privacy Notice (1)

Learnberly Employee Privacy Notice (1)

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Last updated on {xx/xx/xx}

❓ What is this notice all about?

We want to be completely transparent about how we collect and use your personal data and this privacy notice exists to tell you exactly how we do this.

This notice applies wherever we decide why and how we process personal data (and therefore act as a Data Controller under data protection law). It covers the personal data we process when you use our services.

Our privacy notice tells you the journey of your personal data from the moment it enters our systems up until it's time for us to say "goodbye 👋", as well as the various stops it makes along the way.

👇 The different ways we process personal data

When you join {COMPANY NAME} as an employee
🗂️ What personal data do we collect, why do we collect it, and what legal basis do we rely on?
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Personal data is anything that can identify an individual, either on its own or through combining it with other factors that could eventually identify an individual.

Employment references During your onboarding we ask for a reference from a previous employer. We process the {name, email and company details of your previous employer, as well as basic details about your employment there}. The legal basis we rely on for this is Article 6(1)(f) of the GDPR - Legitimate Interest.

Basic onboarding details During your employment with us, we'll process information about you in order to manage your employment. The information we collect includes your {name, job title, date of birth, pronouns, address, phone number, and personal email address}. The legal basis we rely on for this is Article 6(1)(b) of the GDPR - Contractual Obligation.

Right to work In order to check your right to work, we’ll need to take a copy of your {passport/ID document and any relevant visa details}.We rely on Article 6(1)(c) of the GDPR - Legal Obligation to process this data.

Payroll, expenses and pension In order to provide your remuneration, expenses, and pension, we'll need your {name, address, date of birth, salary, role, bank account details, insurance and tax information}. We rely on Article 6(1)(b) of the GDPR - Contractual Obligation and Article 6(1)(c) of the GDPR - Legal Obligation to process this data.

Sickness and occupational health During your employment with us, we will need to process data about your health and sickness in order to be able to accommodate your requirements. For this, we rely on Article 6(1)(b) of the GDPR - Contractual Obligation and Article 9 (2)(b) of the GDPR - Employment, Social Security and Social Protection and paragraph 1 (1) - Part 1 of Schedule 1 of the Data Protection Act 2018.

Next of Kin In case there is ever an emergency, we ask for your next of kin details. For this, we rely on Article 6(1)(f) of the GDPR - Legitimate Interest.

Equipment and co-working provision In order to provide equipment and workspaces, we’ll need your {name and contact details}. For this, we rely on Article 6(1)(f) of the GDPR - Legitimate Interest.

Share options In order to provide share options, we’ll need your {name and contact details}. We rely on {Article 6(1)(b) of the GDPR - Contractual Obligation and Article 6(1)(c) for this processing.}

System Access During your employment with us, you will require access to a number of systems in order to complete your work. For this we need your name and contact details. You may wish to add an image of yourself for personalisation of your accounts, or we may add this for you. The legal basis we rely on for this processing is Article 6(1)(f) of the GDPR - Legitimate Interest.

Booking travel On occasion, we may need to book travel/accommodation for our employees. For this we will need your {name, address, and potentially passport details to share with airlines (which includes your name, sex, date of birth, place of birth, nationality, visa details and any endorsements)}. For this, we rely on Article 6(1)(f) of the GDPR - Legitimate Interest.

Benefits and perks In order to provide workplace benefits, we’ll need your basic details like {name, email address, and job role} to get you set up on our benefits schemes. To access benefits like health insurance we will also include need to know your {sex, as well as some physical and mental health details}. To access benefits like income protection, we will also need information such as {salary, job start date, and national insurance number}. For this, we rely on {Article 6(1)(b) of the GDPR - Contractual Obligation and Article 9 (2)(b) of the GDPR - Employment, Social Security and Social Protection and paragraph 1 (1) - Part 1 of Schedule 1 of the Data Protection Act 2018.}

Uniform In order to provide uniform, we’ll need your name and clothing size. For this, we rely on {Article 6(1)(b) of the GDPR - Contract and Article 6(1)(a) of the GDPR - Consent.}

Office CCTV When working in the {Company Name} office, there is CCTV in use for security purposes which will capture your image and we rely on Article 6(1)(f) of the GDPR - Legitimate Interests when collecting this.

Engagement surveys In order to collect your feedback about working at {Company Name}, we ask you to complete an engagement survey which includes your {name, emails, and department, as well as your feedback}. The legal basis we rely on for this processing is Article 6(1)(f) of the GDPR - Legitimate Interest.

Equality and Diversity Monitoring For the purpose of equality and diversity monitoring, we ask you to complete an equal opportunities form, where you can provide information such as your {gender, sex as registered at birth, age, ethnicity, information about any disabilities or health conditions, sexual orientation, religion or belief, and caring responsibilities}. For this processing we rely on Article 6 (1)(a) of the GDPR - Consent, and Article 9 (2)(a) of the GDPR - Explicit Consent.

Training In order to provide training, we may share your name and email with 3rd party training providers. For this processing we rely on Article 6(1)(b) of the GDPR - Legitimate Interest.

🗺️ Where do we store it?

We will collect data using a cloud based application and may make use of a cloud collaboration service or similar shared user interface.

Where any of these cloud based applications are headquartered outside the EEA or countries deemed ‘adequate’ by the EU or UK, for the transfer of data they have incorporated EU Commission approved Standard Contractual Clauses (SCCs) in their contracts along with the UK Addendum where applicable.

☁️  Which cloud based applications do we use?

HR

  • BambooHR - for the purpose of managing your employment. BambooHR is based in the US. You can find out more about it here.
  • Personio - for the purpose of managing your employment. Personio is based in the UK. You can learn more about it here.
  • CharlieHR - for the purpose of managing your employment. CharlieHR is based in the UK. You can learn more about it here
  • Humaans - for the purpose of managing your employment. Humaans is based in the UK. You can find out more about it here.
  • Citrus HR - for the purpose of managing your employment. Citrus HR is based in the UK. You can find out more about it here.
  • Hibob - for the purpose of managing your employment. Hibob is based in the US. You can find out more about it here.

Finance

  • Deel - for the purpose of managing payroll. Deel is based in the US. You can find out more about it here.
  • Omnipresent - for the purpose of managing payroll. Omnipresent is based in the UK. You can find out more about it here.

Benefits

  • ThanksBen - for the purpose of providing employee benefits. ThanksBen is based in the UK. You can find out more about it here.
  • Hooray Insurance - for the purpose of providing employee benefits. Hooray Insurance is based in the UK. you can find out more about it here.
  • Maji - for the purpose of managing pensions. Maji is based in the UK. You can find out more about it here.

Training

  • Trust Keith - for the purpose of Data Protection training and support. Trust Keith is based in the UK. You can find out more about it here.
  • Learnerbly - for the purpose of providing employee training. You can find out more about it here.

General/Misc

  • G-Suite - for the purpose of managing your employment. Google is based in the US. You can find more about it here.
  • SwagUp - to provide your uniform. SwagUp is based in the US. you can find more about it here.

⏲️ How long do we keep it for?

We will retain your employment data and salary data for 6 years after your employment, in line with UK law. We will retain your income tax records for 3 years after your employment and information about your working time and absence for 3 years after employment, in line with UK law.

📜 What are your rights?

Your personal data is yours and you have rights in relation to it granted by the UK GDPR, which include:

📮 The right to be informed

You have the right to be informed about the collection and use of your personal data, the purposes for processing, retention periods for that personal data and who it will be shared with. We have set this information out in this privacy notice.

🗝️ The right of access

You have the right to ask us for copies of the data we hold about you. If you ask us, we’ll confirm whether we’re processing your personal information and, if so, provide you with a copy of that personal information (along with certain other details).

The right to object

You have the right to ask us to stop processing your personal information in some circumstances, such as when we are relying on our own (or someone else’s) legitimate interests to process your personal information, when we are processing your personal information for direct marketing or when we are processing your personal information for research.

📝 The right to rectification

You have the right to ask us to rectify the personal information you think is inaccurate or to complete information you think is incomplete. When you ask us to rectify your information, if we’ve shared your personal information with others, we’ll let them know about the rectification where possible.

🧽 The right to erasure

You have the right to ask us to erase your personal information, in some circumstances, such as where we no longer need it or you withdraw your consent (where applicable).

🚫 The right to restrict processing

You have the right to ask us to restrict the processing of your personal information for a period of time in some circumstances, such as where you contest the accuracy of that personal information or object to us processing it. This right is separate from the right to object and will only stop us from using your personal information further, not from processing it. If we’ve shared your personal information with others, we’ll let them know about the restriction where possible.

✈️ The right to data portability

You have the right to ask that we transfer the personal information you gave us to another organisation, or to someone else, in some circumstances.

You don't have to pay anything in order to exercise your rights. Please contact us by sending an email to {email address} if you wish to make a request under your rights; we have a calendar month to get back to you with a response.

💔 How you can complain

If you have any concerns about our use of your personal information, please let us know by:

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Emailing us at {email address} , or
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Writing to us at {Company address}

If you are not satisfied with our response or you are unhappy with how we have used your data, you can complain to the Information Commissioner's Office (ICO). You can find the ICO contact details below:

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ICO Address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, Helpline number: 0303 123 1113.
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