During the recruitment process and the course of your employment with e-Learn Design, we are required to obtain personal information from you in order to fulfil our contractual obligations. This personal data, which may be held on paper, a computer or other media, is subject to certain legal safeguards as specified in the GDPR and other regulations, including the Data Protection Act (2018) (hereafter referenced collectively as ‘the Acts’). The Acts impose restrictions on how a company may process personal data, and a breach could give rise to criminal sanctions, fines and negative publicity.

e-Learn Design is committed to meeting the legal requirements imposed by the Acts at all times, and the security of your personal information is a high priority to us.
During the course of your employment, you may also be required to process personal data on behalf of our clients. This policy gives guidance on your obligations in the course of your employment.

e-Learn Design is a ‘data controller’ that gathers and uses certain information about you. In this policy, references to ‘we’, ‘us’ or ‘the company’ mean e-Learn Design.

Data is recorded information, whether stored electronically, on a computer, or in specific paper-based filing systems.

For the purpose of this policy, data subjects include all living individuals about whom e-Learn Design holds personal data. A data subject does not need to be a UK national or UK resident. All data subjects have legal rights in relation to their personal information.

Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in possession of the company). Personal data can be factual (such as a name, address or date of birth), an opinion (such as a performance appraisal), or even a simple email address. Personal data has the data subject as its focus and affects the individual’s privacy in some way. Mentioning someone’s name in a document does not constitute personal data, but personal information such as contact details or salary would fall within the scope of the Acts.

Data controllers are the people or organisations who determine the purposes for which and the manner in which any personal data is processed. They are responsible for establishing practices and policies in line with the Acts.

Data users include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following the company’s data protection and security policies at all times.

Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition, but it could include suppliers who handle personal data on the company’s behalf.

Processing is any activity that involves the use of the data. It includes obtaining, recording or holding the data or carrying out any operation or set of operations on the data, including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

Sensitive personal data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition, gender identity, sex life or sexual orientation. It also includes information about the commission of or proceedings for any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.

Anyone processing personal data must comply with the six enforceable principles of good practice, which state that personal data must be:

Processed fairly and lawfully and in a transparent manner

The Acts are not intended to prevent the processing of personal data but are meant to ensure that it is done fairly and without adversely affecting the rights of the data subject. The data subject must be told who the data controller is, the purpose for which the data is to be processed, and the identity of anyone to whom the data may be disclosed or transferred.

For personal data to be processed lawfully, certain specific conditions have to be met. These are detailed in Article 6 of the GDPR for personal data and Article 9 for sensitive personal data. These include but are not limited to requirements that the data subject has consented to the processing or that the processing is necessary for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met; in most cases, the data subject’s explicit consent to the processing of such data will be required.

Collected for specific, explicit and legitimate purposes

Personal data may only be processed for the specific purposes the data subject was notified of when the data was first collected or for any other purposes specifically permitted by the Acts. Personal data must not be collected for one purpose and then used for another. If, however, it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose before any processing occurs.

Adequate, relevant and not excessive for the purpose

Personal data should only be collected to the extent that it is required for the specific purposes notified to the data subject. Any data which is not necessary for that purpose should not be collected in the first place.

Accurate, and where necessary, kept up to date

Personal data must be accurate and kept up to date. Information that is incorrect or misleading is not accurate, and steps should be taken to check the accuracy of any personal data at the point of collection and at regular intervals thereafter. Inaccurate or out-of-date data should be destroyed.

Not kept longer than necessary for the purpose

Personal data should not be kept longer than is necessary for the purpose. This means that data should be destroyed or erased from the company’s systems when it is no longer required.

Processed in an appropriate manner to maintain security

Appropriate security measures should be in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised manner. Access to your personal information should be limited to those who have a genuine business need to know it. Those processing your information should do so only in an authorised manner and are subject to a duty of confidentiality.

You have the right to request access to information that we hold relating to you and to correct inaccurate information. You also have the right to ask for some (but not all) of the information we hold and process to be erased (i.e. the ‘right to be forgotten’) in certain circumstances. Please contact Derick Turner at info(at)e-learndesign(dot)co(dot)uk or on 0845 474 4512 if you would like to exercise these rights or if you have any questions about this policy.

We will collect and/or keep the following personal data:

name, contact details, address, phone number, email address, emergency contact details, details of the recruitment process, employment information, details of salary, bank details, national insurance, tax code, nationality, sickness absence, details of your next of kin, criminal records (DBS), pension arrangements, sickness and absence records (including sensitive personal information regarding your physical and/or mental health and/or condition), trade union membership, grievance information raised by or against you, conduct and disciplinary issues involving you, details of appraisals and performance reviews, details on any performance management and/or improvement plans, time and attendance records, information about your work output and your other activities at work, applications made for other positions in the company, information on use of our IT and other systems, details of your use of business-related social media, use of your public social media (only in very limited circumstances, to check specific risks for specific functions within our organisation; you will be notified separately if this is to occur) and details in references about you that we give to others. The information will be collected from various sources (you, doctors, previous employer, emails, websites, applications).

We collect and use specific personal data for employment purposes, such as contracts. This includes National Insurance details (to ensure we are paying the correct person), financial details (to ensure we are paying you via the correct bank account) and emergency contact details (in case of an emergency at work). The information we process is proportionate to the requirements of an individual. We keep your personal data during and after your employment for no longer than is necessary for the purposes for which the data is processed.

We may collect this data from you, your personnel records, pension administrators, your doctors, from medical and occupational health professionals we engage and from our insurance benefit administrators, the DBS, the Home Office, your trade union, other employees, consultants and other professionals we may engage to advise us generally and/or in relation to any grievance, conduct appraisal or performance review procedure, automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems (including Ring Central and our Helpdesk, remote access systems, email and instant messaging systems, intranet and Internet facilities, voicemail, relevant websites and applications).

Personal data may be kept at our offices and third-party agencies or service providers. Information may be transferred in the ordinary course of our business activities internationally to other countries around the world, including countries that do not have data protection laws equivalent to those in the UK. We have security measures in place to ensure that there is appropriate security for the data we keep.

We may need to share some information with other parties, such as external stakeholders for tenders or bids. Usually, data will be anonymised, but this may not always be possible. The recipient of the data will be bound by confidentiality obligations.

We keep your personal data during your employment for no longer than is necessary for the purposes for which the information is processed. Some specific information may be kept after your employment if it is deemed necessary for the purposes of accurate record-keeping, i.e. employment dates. Further details can be found in the Employee Staff Handbook.

Appropriate security measures are in place to prevent your personal information from being accidentally lost, or used and/or accessed in an unauthorised manner. Access to your personal data is limited to those who have a genuine business need to know it. Those processing your data will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so. Further details can be found in our Security Incident & Data Breach Policy.