GDPR PRIVACY NOTICE

WHAT IS THE PURPOSE OF THIS DOCUMENT?

TPM is 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, workers and contractors.

TPM 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, workers and contractors. This notice does not form  part of any contract of employment or other contract to provide services. We may update this notice at  any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.

It is important that you read and retain 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 and what your rights are under the data protection legislation.

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 with those 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 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, such  as information about a person’s health or sexual orientation.

We will collect, store, and use the following categories of personal information about you:

• Personal contact details such as name, title, addresses, telephone numbers, and email addresses.
• Date of birth.
•  
• Marital status and dependants.
• 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 and, if different, the date of your continuous employment.
• Leaving date and your reason for leaving.
• Location of employment or workplace.
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
• Employment records (including job titles, work history, working hours, holidays, training records and professional memberships).
• Compensation history.
• Performance information.
• Disciplinary and grievance information.
• Information about your use of our information and communications systems.
•  

We may also collect, store and use the following “special categories” of more sensitive personal  information:

• Information about your race or ethnicity, religious beliefs, sexual orientation and political
• Information about your health, including any medical condition, health and sickness records, including:
• where you leave employment and the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision; and
• details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
• Information about criminal convictions and offences.

HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We collect personal information about employees, workers and contractors through the application and  recruitment process, either directly from candidates or sometimes from an employment agency or  background check provider. We may sometimes collect additional information from third parties including  former employers, credit reference agencies or other background check agencies. We will collect additional personal information in the course of job-related activities throughout the  period of you working for us.

HOW WE WILL USE INFORMATION ABOUT YOU

We will only use your personal information when the law allows us to. Most commonly, we will use your  personal information in the following circumstances:

1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. 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.

We may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest [or for official purposes].

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract  with you [*] and to enable us to comply with legal obligations [**]. 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 will  process your personal information are listed below. We have indicated by asterisks the purpose or  purposes for which we are processing or will process your personal information, as well as indicating  which categories of data are involved.

• Making a decision about your recruitment or appointment.
• Determining the terms on which you work for us.
• Checking you are legally entitled to work in the UK.
• Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs).
• Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment
• Administering the contract we have entered into with you.
• Business management and planning, including accounting and auditing.
• Conducting performance reviews, managing performance and determining performance
• Making decisions about salary reviews and compensation.
• 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.
• Making arrangements for the termination of our working relationship.
• Education, training and development requirements.
• Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work.
• Ascertaining your fitness to work.
• Managing sickness absence.
• Complying with health and safety obligations.
• To prevent fraud.
• 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 unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
• To conduct data analytics studies to review and better understand employee retention and attrition rates.
• Equal opportunities monitoring.

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 (such as paying you or providing a benefit), or we may be prevented from  complying with our legal obligations (such as to ensure the health and safety of our workers).

Change of purpose

We will only use your personal information for the purposes for which we collected 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.

Please note that we may process your personal information without your knowledge or consent, in  compliance with the above rules, where this is required or permitted by law.

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION

”Special categories” of particularly sensitive personal information require higher levels of protection. We need  to have further justification for collecting, storing and using this type of personal information. We have in place  safeguards which we are required by law to maintain when processing such data. We may process special  categories of personal information in the following circumstances:

1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring [or in relation to our occupational pension scheme].

Less commonly, we may process this type of information where it is needed in relation to legal claims or where  it is needed 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 may also process such information about  members or former members in the course of legitimate business activities with the appropriate safeguards.

OUR OBLIGATIONS AS AN EMPLOYER

We will use your particularly sensitive personal information in the following ways:

• We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws.
• We will 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 including statutory  maternity pay, statutory sick pay, pensions and permanent health insurance.
• We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or 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 may also process such information about members or former members in the course of legitimate business  activities with the appropriate safeguards.

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 have in place an appropriate policy and safeguards which we are required by law to maintain when  processing such data.

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. We may transfer your personal information outside the EU.

If we do, you can expect a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?

We will 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 provision and administration, IT 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.

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. In this situation we will, so far as possible, share anonymised  data with the other parties before the transaction completes. Once the transaction is completed, we will  share your personal data with the other parties if and to the extent required under the terms of the  transaction.

We may also need to share your personal information with a regulator or to otherwise comply with the  law. This may include making returns to HMRC.

TRANSFERRING INFORMATION OUTSIDE THE EU

In specific cases where you work overseas, we will transfer the personal information we collect about you  to the following outside the EU in order to perform our contract with you. We will ensure that these is an  adequacy decision by the European Commission in respect of any country that we transfer data to or from  that ensures an adequate level of protection for your personal information.

DATA SECURITY

We have put in place measures to protect the security of your information. Details of these measures are  available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to  treat the information confidentially and to 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 unauthorised way, altered or disclosed. In addition, we limit  access to your personal information to those employees, agents, contractors and other third parties who  have a business need to know. They will only process your personal information on our instructions and  they are subject to a duty of confidentiality. Details of these measures may be obtained from the  Managing Director.

We have also put in place procedures to deal with any suspected data security 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 necessary to fulfil the purposes we collected it  for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine  the appropriate retention period for personal data, 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 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, worker or contractor of the company we will retain and securely destroy your  personal information in accordance with our 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 contact the Managing Director in writing.

No fee usually required

You will not have to pay a fee to access your personal information (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.

What we may need from you

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 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 contact the Managing Director.  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.

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.