Privacy policy

PRIVACY NOTICE FOR EMPLOYEES, WORKERS AND CONTRACTORS

Version Date: 07 April 2022

1. What is the purpose of this document?

Baringa 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 current and former employees, workers and contractors.

References in this notice to ‘Baringa’ or ‘we’ means Baringa Partners LLP and all the Baringa group companies (a list of which can be provided to you on request). Baringa is a ‘data controller’. This means that we are responsible for deciding how we hold and use personal information about you.

2. The kind of information we hold about you

Personal data, or personal information, means any information that relates to an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person's health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

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 personal email addresses.
• Date of birth.
• Gender.
• 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.
• Copy of driving licence.
• 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.
• CCTV footage and other information obtained through electronic means such as swipe card records.
• Location information (where such information is legally permitted to be collected), such as where recorded by electronic card access systems.
• Information about your use of our information and communications systems.
• Photographs.
• Results of HMRC employment status check, details of your interest in and connection with the intermediary through which your services are supplied.

We may also collect, store and use the following more sensitive categories of personal data:

• Information that may reveal race or ethnicity, religious or philosophical beliefs, or sexual orientation, to identify or keep under review the existence or absence of diversity and inclusion.
• Trade union membership.
• Information about your health, including any medical condition, health and sickness records, including:
  • where you leave employment and under any share plan operated by a group company the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision;
  • details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
  • where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
• Information about criminal convictions and offences collected during the recruitment
process.

3. How is your personal information collected?

We collect personal information about employees, workers and contactors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We also collect your personal information from you during the course of your employment or engagement (e.g. when you provide us with updated contact details). We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

We may also collect personal information from the trustees or managers of pension arrangements operated by a group company.

We will collect additional personal information in the course of job-related activities throughout the period of you working for Baringa.

4. How we will use your personal information

Data protection law allows us to use your personal information provided we have a legal basis for doing so. The legal bases that we rely on to use your personal information include:

• We need to use your information to perform our obligations under our employment contract with you
• We need to use your information so we can comply with a law we’re subject to
• We (or a third party) have a legitimate interest in using your information, in order to manage our business and our workforce, which isn’t outweighed by your interests or fundamental rights and freedoms
• You’ve given us your consent

Where we are using special categories or more sensitive personal information (as described in section 2 above), the legal bases include:

• We need to use your information to carry out obligations and exercise our and your specific rights under employment.
• Where it is necessary for reasons of substantial public interest, such as for equal opportunities monitoring.
• You’ve given us your explicit consent

We’ve set out in the table below how we use your information and the legal basis for using it.

How we use your information Legal basis	Legal Basis
Determine the terms on which you work with us Business management and planning Conducting performance reviews, managing performance and determining performance requirements Making decisions about salary reviews, compensation and promotion Assessing qualifications for a job role Making decisions about your continued employment or engagement Deal with legal disputes involving you, or other employees, workers and contractors, including accidents at work Manage staff absence Prevent fraud Monitor your use of our information and communication systems to ensure compliance with our IT policies. This includes monitoring of emails sent to and from our employees and other personnel. The information such emails contain (which may include personal data relating to third parties) may be used when investigating incidents. Although we endeavour not to review the contents of personal emails, there may be occasions in which this is necessary, for example, to investigate a breach of security or during a disciplinary matter. 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	Legitimate interests
Check you are legally entitled to work in the UK If you are an employee, deduct tax and National Insurance contributions Gather evidence for possible grievance or disciplinary proceedings Comply with health and safety obligations	To comply with a legal obligation
Pay you Provide you with the benefits we’ve agreed to pay as part of your contract with us Administer employee share option schemes Gathering evidence for possible grievance or disciplinary proceedings Making arrangements for terminating your employment or engagement Ascertaining your fitness to work Manage sickness absence	To perform our obligations under our employment contract with you
Sensitive categories of personal information
Comply with health and safety obligations Monitor sickness absences and administer related benefits Gather evidence for possible grievance or disciplinary proceedings Ascertaining your fitness for work Provide you with benefits we’ve agreed to pay you as part of your contract with us Deciding on your entitlements under pensions and share plans	To carry out obligations and exercise our and your specific rights under employment law
Equal opportunities monitoring Necessary for reasons of substantial public interest	Necessary for reasons of substantial public interest

In limited circumstances, we may approach you for your consent to allow us to process certain personal 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. You have the right to withdraw your consent at any time by contacting us using the details below.

5. 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).

6. Data sharing

Why we share your 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 includes meeting the legitimate requests of our clients.

Which third-party service providers will process your personal information

‘Third parties’ includes third-party service providers (including contractors and designated agents), other entities within the Baringa group and Baringa’s clients.

We will also share personal data relating to your participation in any pension and life assurance plans operated by Baringa with third party administrators, scheme managers, advisers, nominees, registrars and trustees for the purposes of administering such plans.

Security of your personal information with third-party service providers

All 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 for the administration of our business and in accordance with our instructions.

When we share your personal information with other Baringa entities

We will share your personal information with other Baringa entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data and where required to deliver our services to our clients.

Sharing with 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 and other tax authorities. Transferring personal information outside the European Economic Area (EEA) Your personal information may be transferred to, and stored at, a destination outside the UK or EEA in countries which have less strict, or no data protection laws, when compared to those in Europe.

Whenever we transfer your personal information outside the UK or EEA, we will take legally required steps to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this Privacy Notice. You may contact us using the details below for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances.

7. Data retention

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. Details of retention periods for different aspects of your personal information are available in our Data Retention Policy, which you may request using the contact details below.

8. Exercising your rights

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.

Any request to exercise one of these rights will be assessed by us on a case by case basis. There may be circumstances in which we are not legally required to comply with your request, for example because of relevant legal exemptions provided for in applicable data protection legislation. If you want to exercise any of the above rights, please contact the HR team in writing.

You also have the right to make a complaint at any time to supervisory authority for data protection issues in the country where you live or work.

9. Responsibility for Data Protection

In the UK the Legal & Commercial Officer is responsible for Baringa’s adherence to data protection laws. If you have any questions about this privacy notice or how we handle your personal information, please contact the Legal & Commercial Officer.

10. Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will notify you of where the new updated privacy notice can be accessed 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.

If you have any questions about this privacy notice, please contact the Baringa HR Director.