MOTO HOSPITALITY LIMITED
PRIVACY NOTICE FOR JOB APPLICANTS
1. SCOPE
1.1 Moto Hospitality Limited (“Moto”) is a “data controller” as it decides how to hold and use Personal Data about you. We need to gather and use Personal Data about individuals applying for a job at Moto (“Moto Candidates”) for the purpose of progressing applications, to manage our relationship with you and/or to fulfil legal or regulatory requirements where necessary.
1.2 Moto takes the security and privacy of Personal Data seriously and we endeavour to comply with our legal obligations under the Data Protection Act 2018 (the “2018 Act”) and the retained UK General Data Protection Regulation (“UK GDPR”). We have put in place appropriate security measures to protect your Personal Data.
1.3 This Privacy Notice (“Notice”) describes how Moto collects and uses the Personal Data of “Moto Candidates”, both during and after the application process and applies to everyone applying for a job with Moto.
1.4 Please read this Notice carefully so that you are aware of (i) how and why we are using such Personal Data and (ii) your responsibilities in respect of such Personal Data.
2. KEY TERMS
“Moto”, “we” “our” and “us” refers to Moto Hospitality Limited.
“Moto Candidates” and “you”
refers to individuals that have applied for employment with Moto either as an employee, worker, consultant or contractor.
“Personal Data” means any information about you and from which you could be identified. It does not include data where your identity has been removed (anonymous data). Personal Data can be factual (e.g. names, addresses, vehicle registration numbers) and it can relate to opinions about individuals and their actions and behavior.
“processing” means any activity performed in relation to Personal Data. It is very wide-ranging and includes, for example, collecting, recording, using, organising, storing,
adapting, altering, retrieving, using, disclosing, transmitting and destroying Personal Data.
“Special Categories”
of personal data mean certain Personal Data which is more sensitive, and which requires a higher level of protection. This includes information in relation to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, physical or mental health, sexual life or orientation, and biometric or genetic data.
PRIVACY AT MOTO – OVERVIEW
3.1 Data Protection Principles
Moto will comply with data protection law. This says that the Personal Data we hold about you must be:
- processed lawfully, fairly and in a transparent way;
- collected only for legitimate purposes that we have clearly explained to you, and
not used in any way that is incompatible with those purposes;
- adequate, relevant and limited to the purposes for which we collect it;
accurate and (where necessary) kept up to date;
- kept only as long as necessary for the purposes we have told you about; and
3.2 In order to ensure fair and transparent processing, this Notice explains:
- the legal basis on which we process it;
- who may receive your Personal Data;
- how long your data will be stored for; and
- your rights in relation to your Personal Data.
3.3 The information you provide to Moto will be held securely by us and/or our data processors, whether the information is in electronic or physical format.
3.4 Moto will only store your information outside of the UK where we are able to ensure that your Personal Data receives an adequate level of protection, as would be consistent with UK laws on data protection.
3.5 This Notice explains how you can access your Personal Data and exercise your rights in relation to it, including your right to be able to keep it accurate and up-to-date. It also sets out some of your responsibilities in relation to processing Personal Data.
4 WHAT PERSONAL DATA DOES MOTO PROCESS, WHY AND UNDER WHAT LEGAL BASIS?
4.1
The table below (in this section 4) sets out the;
- types of Personal Data that Moto will collect and use as part of the application process;
- purpose for collecting and using the Personal Data identified; and
- legal basis that Moto relies on for collecting and processing such Personal Data.
4.2 Legal Basis means, the lawful grounds that Moto relies on to collect and process Personal Data as prescribed by data protection laws and will generally include one or more of the following reasons:
- It is in our legitimate interests to collect and process this information, in order to decide if you are eligible and suitable to work for Moto in a particular role;
- We require this in order to perform our contact with you or to take steps at your request prior to entering into a contract with you;
- We require this to comply with legal requirements;
- Where you have given your consent;
4.3 In addition, where your Personal Data is in a Special Category, we will generally collect and process it only where (i) one of the legal bases set out above applies; and also (ii) where one or more of the following additional special category conditions exist:
- Where you have given your explicit written consent;
- Where we need to carry out our obligations and exercise our rights in relation to employment and other laws;
- Where it is needed in the public interest, e.g. for equal opportunities monitoring; to prevent or detect unlawful acts; to prevent fraud, for assessing racial and ethnic diversity at senior levels, to comply with regulatory requirements (e.g., in order to obtain personal licenses either in relation to alcohol sales or gaming); for insurance purposes or in relation to our occupational pension scheme;
- Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards; and/or
- Where it is necessary in relation to legal claims or judicial acts.
In limited circumstances other legally permitted reasons may also apply.
*N.B. Where we process your Special Category Personal Data for these purposes, we will have an appropriate policy document in place.
Moto will initially collect and use the types of Personal Data listed below during the application process:
-
TYPE OF DATA: Name; Address; Contact details i.e. phone number and email address; CV; Information on your application form i.e. previous experience and qualifications; Criminal Conviction Data** and Optional Special categories of Personal Data* regarding any disabilities you may have
-
PURPOSE: To identify candidates; to manage our relationship with you; to progress your application; to assess your suitability for the role applied for; for equal opportunities monitoring; and to make any necessary reasonable adjustments to the recruitment process
- LEGAL BASIS: Legitimate interests, legal obligation and consent.
Following submission of your application we will send you an equal opportunities form for completion, this form is optional to complete. If completed the following data will be collected on an anonymous basis:
-
TYPE OF DATA: Race and/or Ethnicity Data; gender data and nationality data
-
PURPOSE: For equal opportunities monitoring
If you progress to the interview stage, we may collect the following additional information:
-
TYPE OF DATA: Information about any reasonable adjustments required to the recruitment process; interview notes; copies of certificates of professional qualifications and “Right to Work” documentation (e.g. marriage certificate, passport, statutory declaration form of name changes)
-
PURPOSE: To make adjustments to ensure you are not disadvantaged in the recruitment process; to progress your application and make decisions about it; to ensure your suitability for the role - this will only be completed where it is required by the role i.e. legal and finance roles and to ensure you are legally entitled to work in the UK and as evidence to show our compliance with legal obligations.
-
LEGAL BASIS: Legitimate Interests; legal obligation and consent
If you are offered a job, we may collect the following additional information, depending upon the role you are offered and/or the benefits offered in connection with your role:
- TYPE OF DATA:
Date of Birth; address (if not already provided); gender data; nationality data; optional equal opportunities data; references, e.g. from current/former employers; DVLA forms; Disclosure and Barring Service (DBS) forms and information required to process a DBS application and medical information in relation to any disability or illness you may have.
- PURPOSE: To manage our relationship with you; to progress your job offer and contract of employment; for equal opportunities monitoring; to check your work history; to perform and manage any car related benefits offered to you; to obtain licences if required by the role i.e. alcohol or gaming licences and to make adjustments, carry out risk assessments and/or put in place support plans.
- LEGAL BASIS: Legitimate interests; performance of contract; consent and legal obligation
4.4 If you accept a job offer from Moto - In order to streamline Moto’s onboarding process for new Moto Colleagues, we request that those who agree to start work at Moto complete various forms containing additional Personal Data, prior to their induction day at Moto, including: (i) home address and email address (ii) emergency contacts; (iii) bank account information; (iv) health questionnaire information; and (v) list of nominated beneficiaries for life assurance. It is not compulsory to supply this information to Moto in advance of your induction day at Moto. If you choose not to complete these forms at this stage, or if you need any assistance in completing any of the forms, you can complete the information forms fully on your induction day. Where you complete the forms in advance but, for any reason, you do not attend your scheduled induction day, the additional Personal Data you provide in these forms will be deleted 2 -3 weeks after the scheduled induction day, unless you agree otherwise with Moto (for example, where you delay your induction day by agreement with Moto). If you accept a job with us, your Personal Data will be processed in accordance with the Moto Privacy Notice for Colleagues which sets out how Moto will use your Personal Data as an employer. This will be made available to you at the onboarding stage of our recruitment process.
4.5 Consent - Please note that while in some situations we may require and seek your consent, where Moto is permitted to process Personal Data for any of the other reasons above, your consent will not be required.
Where your consent is required, you will not be obliged to give your consent, (as it will not be a condition of your contract with us) and where you have given consent you will be entitled to withdraw your consent at any time.
Examples of where we will ask for your consent in processing your Personal Data are as follows:
- To collect and monitor your diversity data, including e.g., ethnicity, gender identity, religion/belief, sexual orientation etc
4.6** Criminal Convictions - We may only process Personal Data relating to criminal convictions where the law allows this. This will usually be where such processing is necessary to carry out our obligations as employers, and provided that we do so in accordance with our Data Protection Policy and our Criminal Offences Data Processing Policy. We might also use Personal Data relating to criminal convictions where it is necessary in relation to legal claims or where you have made the information public.
Where it is a requirement of the role we would like to offer to you, a DBS check will be carried out, and success in the job offer will be conditional on the results of these checks.
4.7 Change of Purpose - We will only use your Personal Data for the purposes for which we collected it (as set out below), unless we reasonably consider that we need to use it for another purpose which is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that in some circumstances we may process your Personal Data without your knowledge and/or consent, where this is required or permitted by law.
4.8 Automated Decision-Making
- Final recruitment decisions are made by Moto’s hiring managers and members of our recruitment team. All of the information gathered during the application process is taken into account. However, we do make automated decisions regarding the requirement to drive where this is a requirement of a role and automated decisions regarding under 18’s where the role is specified as an 18+ role, we will only take such decisions where we have obtained your consent in advance. If you wish to provide us with any additional information which you think might be relevant to your application or challenge a decision made in relation to your application please contact us on: careers@moto-way.co.uk.
5. WHERE DOES MOTO COLLECT DATA FROM?
5.1
We typically collect your Personal Data directly from you, although in some circumstances it will be provided by third parties – for example: from referees you have given; social media profiles such as LinkedIn where you have provided these details to us; from employment agencies, from government agencies (e.g. the Home Office, for right to work checks; the DBS for criminal record checks; the DVLA for (driving entitlement information;); from apprenticeship or training providers. We will endeavour to inform you if we intend to collect information from a third-party data controller. In some cases, we will only obtain such information where you have given your consent.
6. WHO MAY RECEIVE YOUR PERSONAL DATA
6.1 Our on-line application portal is provided by a third-party service provider “Teamtailor AB”. Where you apply on-line for a position at Moto, your application details will be processed by Teamtailor AB who act as a data processor on our behalf. Moto has an appropriate contract in place with Teamtailor AB which requires them to protect your Personal Data; act only on our instructions and are subject to a duty of confidentiality. We don’t allow our third-party data processors to use your information for their own purposes nor are they permitted to share your Personal Data with any other party unless we give our consent and they agree to protect your Personal Data.
6.2 Our Recruitment teams, hiring manager/team as well as other relevant internal departments and employees will also have access to the information you supply during the application process.
6.3 In addition, the information you provide in relation to your application may be shared where required with our auditors and external consultants and advisors e.g., legal advisors; and/or regulatory and/or other authorities and law enforcement agencies.
6.4 If you accept a job role with Moto, your Personal Data will be processed as an employee in accordance with the Moto Privacy Notice for Colleagues.
7 DATA TRANSFERS
7.1
Moto will only store your information outside of the UK where we are able to ensure that your Personal Data receives an adequate level of protection, as would be consistent with UK data protection laws.
7.2 N.B. Personal Data that is collected through the on-line application portal is currently processed and stored by our third-party service provider Teamtailor AB (a Swedish company). Sweden is designated as a country with an adequate level of protection. Teamtailor AB stores and processes Personal Data within the EU/EEA, or in countries that are considered to have an adequate level of protection by the European Commission. Where Teamtailor AB use data sub-processors outside the EU/EEA, Teamtailor AB will ensure that adequate safeguards are in place e.g., by way of for certain processing activities, where it does so, Teamtailor AB enters into Standard Contractual Clauses that fully comply with the lawfulness of third country transfers, together with suitable risk assessments. Please see sub-processors https://support.teamtailor.com/en/articles/4723968-list-of-sub-processors-for-customers-using-our-eu-region.
8. HOW LONG WILL YOUR DATA BE STORED FOR?
8.1 We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and the applicable legal requirements. From time to time, we may therefore update the appropriate retention period.
8.2 Where you apply via our on-line recruitment portal, our third-party data processor Teamtailor AB will retain your application details, for 12 months from the later of:
1. all the vacancies for which you applied for being inactive/closed;
2. you logging in to your profile;
3. you updating your candidate profile
8.3 Once the relevant retention period (as set out above) has been met, we will send you an email asking if you would like us to retain your candidate profile and associated Personal Data as part of our ‘Talent Pool’. If you opt to be part of the Moto ‘talent pool’ we will retain your Personal Data for the purposes of considering you for future roles at Moto for a further 12 months, following this additional 12 months a further email will be sent to you regarding retention of your data for Moto ‘talent pool’ purposes. If you opt out of being part of the Moto ‘talent pool’ your Personal Data will be deleted in accordance with the retention periods set out above. If you wish to withdraw your consent and be removed from the talent pool, please contact us on careers@moto-way.co.uk or by submitting a request on your candidate profile.
8.4 Where you have been interviewed but your application has been unsuccessful, your interview notes will be retained, in a secure file, at the site at which you were interviewed, for 12 months from the date of your interview.
8.5 Where your application has been successful and you accept a role at Moto your Personal Data from the application process will be retained, as part of your employee file in accordance with Moto’s Privacy Notice for Colleagues, which will be made available to you when you start work at Moto.
8.6 In some circumstances we may anonymise your Personal Data so that it can no longer be associated with you, in which case we may use such information without further notice to you.
9. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA INCLUDING ACCESS, CORRECTION, ERASURE, AND RESTRICTION
9.1 Under the law, and in certain circumstances, you have various rights in connection with your Personal Data, including to:
- request correction of the Personal Data 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 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 stop processing Personal Data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground;
- 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;
- request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it;
- request the transfer of your Personal Data to another party in certain circumstances;
9.2 If you want to exercise any of the rights outlined above please contact the Moto Recruitment team at careers@moto-way.co.uk or if you wish to delete your profile and associated Personal Data you can do so through your candidate profile on the online recruitment portal.
Please note that Moto does not need to comply with all your requests but if we do not agree to, we will inform you of the reason why.
9.3 Fees
- You will not usually 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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
9.4 Further Information we may need - We may need to request specific information from you to help us 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 Data is not disclosed to a person who has no right to receive it.
9.5 Right To Withdraw Consent - In the limited circumstances where you may have provided your consent to the collection or processing of your Personal Data 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 the Moto Recruitment Team at careers@moto-way.co.uk. 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.
9.6 Contact the Information Commissioner’s Office - If you have concerns about the way in which your Personal Data is handled, you have the right to contact the Information Commissioner’s Office. Details may be found on their website www.ico.org.uk.
9.7 Your duty to inform us of changes - It is important that the Personal Data we hold about you is accurate and up-to-date. You must keep us informed if your Personal Data changes during your application process with us.
You will be able to update your Personal Data and other information within the online recruitment portal yourself, by logging into the portal with your username and password and updating as required. You must therefore ensure that you keep your details within the recruitment portal up-to-date at all times.
10. CHANGES TO THIS PRIVACY NOTICE
10.1 This Notice will be reviewed at regular intervals and Moto may update this Notice at any time. Moto will publish a new Notice each time a change is made.
11. FURTHER INFORMATION
11.1 From time to time we may also supply additional privacy notices, when we collect or process any additional Personal Data which is not described in this Notice.
11.2 If you have any general questions about this Notice, please contact Moto’s Moto Hospitality Limited Legal Team at Moto Hospitality Limited, Toddington Service Area, Junction 11/12 M1 Motorway (Southbound), Toddington, Bedfordshire, LU5 6HR or by e-mail (legal@moto-way.co.uk).
