Legal

Recruitment Privacy Notice

THEBRANDHOUSE LTD

RECRUITMENT PRIVACY NOTICE

This Recruitment Privacy Notice is relevant to all persons who apply or are likely to apply for a job at TheBrandHouse Ltd (TheBrandHouse) and whose personal data may be collected by TheBrandHouse, whether by automated or non-automated means, in line with the requirements of the Mauritius Data Protection Act 2017 (DPA)

TheBrandHouse is committed to being transparent about how it collects and uses that data and to meeting its data
protection obligations.

1. What information do we collect and process?
1.1 TheBrandHouse collects a range of information about job applicants which includes:
1.1.1 name, address and contact details, including email address and telephone numbers;
1.1.2 details of qualifications, skills, experience and employment history;
1.1.3 information about current level of remuneration, including benefit entitlements;
1.1.4 whether or not applicant has any particular condition whether physical or otherwise for which the organisation needs to be aware of or to make reasonable adjustments during the recruitment
process; and
1.1.5 information about applicant’s entitlement to work in Mauritius (if applicable)

2. Special categories of personal data
2.1 TheBrandHouse will ask and obtain explicit written consent from job applicants before processing any special categories of personal data on them.
2.2 Special categories of personal data pertains to information about racial origin, ethnic origin, political opinion,religious belief, philosophical belief, trade union membership, genetic data, biometric data, health data,criminal record, and sexual orientation.
2.3 Where asking special categories of personal data from job applicants, TheBrandHouse will always inform them why and how the information will be used.
2.4 As a rule, TheBrandHouse will not ask job applicants information about their special categories personal data save and except when it is required for the purposes of the recruitment process and suitability for the post advertised.
2.5 TheBrandHouse may exceptionally process special categories of personal data of job applicants without their explicit written consent if such processing is required by law, for compliance with a Court order, for protecting the legitimate interests of TheBrandHouse should the latter need to defend civil claims including but not
limited to complaints instituted under the Equal Opportunities Act or where the information is already in the public domain.
2.6 When applicants have been requested to and do submit written explicit consent, they will be informed that they have the right to withdraw their consent at any time by informing TheBrandHouse and/or TheBrandhouse’s Data Protection Officer in writing of their wishes to withdraw their consent without having to assign any reason for their decisions.

3. Collection and storage of data
3.1 TheBrandHouse may collect all this information in a variety of ways. For example, data might be contained in application forms, CVs or resumes and obtained from the National Identity Card or passport or other identity documents, or collected through interviews or other forms of assessment.
3.2 We may also collect personal data about applicants from third parties, such as references supplied by former employers and applicants’ consent will be obtained prior to seeking such information.
3.3 Data will be stored in a range of different places, in HR management systems and on other IT systems (including email).

4. Why does TheBrandHouse process personal data?
4.1 All the personal data TheBrandHouse collects from job applicants will be used for assessing the suitability of the applicant for the job applied for or for any other vacancy that exists in the company. And should the applicant be successful in its application and that TheBrandHouse offers him or her a job, TheBrandHouse will collect all personal data that are necessary for the preparation of a contract of employment.
4.2 In some cases, we need to process data to ensure that we are complying with our legal obligations. For example, it is mandatory to check a successful applicant’s eligibility to work in Mauritius before employment starts.
4.3 We may also need to process data from job applicants to respond to and defend against legal claims.
4.4 TheBrandHouse may process special categories of data, such as information about ethnic origin, sexual orientation or religion or belief, to monitor recruitment statistics. We may also collect information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. We process such information to carry out its obligations and exercise specific rights in relation to employment.
4.5 If an application is unsuccessful, TheBrandHouse may with the Applicant’s consent keep the applicant’s personal data on file in case there are future employment opportunities for which he/she may be suited.
4.6 In any event, TheBrandHouse is committed to ensuring that the information it collects and use them for the purpose for which it was collected and Applicants consent that same do not constitute an invasion of the applicants’ privacy.

5. Who has access to data?
5.1 The job applicant’s information may be shared internally for the purposes of the recruitment exercise. This includes members of the HR and recruitment team, interviewers involved in the recruitment process, managers in the business area with a vacancy.
5.2 We will not share job applicant’s data with third parties except with former employers to obtain references and to obtain necessary background checks.

6. How does TheBrandHouse protect data?
6.1 We take the security of data seriously. We have internal policies and controls in place to ensure that job applicant’s data is not lost, destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.

7. For how long does TheBrandHouse keep data?
7.1 If an application for employment is unsuccessful, the organisation will with the consent of the Applicant hold the data on file for 12 months after the end of the relevant recruitment process and during that period, we will also hold the data on file for consideration for future employment opportunities. At the end of that period, or once the applicant withdraws his/her consent, his/her data is deleted or destroyed. An applicant will be asked when submitting a CV whether he/she gives us consent to hold the data for a period of 12 months in order to be considered for other positions or not.
7.2 If an application for employment is successful, personal data gathered during the recruitment process will be transferred to the Human Resources file (electronic and paper based) and retained during your employment. The periods for which an applicant’s data will be held will be provided in an employment privacy notice.

8. Job applicant’s rights
8.1 As a data subject, job applicants have a number of rights. He/She can:
8.1.1 access and obtain a copy of his/her data on request;
8.1.2 require the organisation to change incorrect or incomplete data;
8.1.3 require the organisation to delete or stop processing his/her data, for example where the data is no longer necessary for the purposes of processing; and
8.2 If a job applicant would like to exercise any of these rights, he/she must contact our Data Protection Officer
a. Name: Anuradha Haulkory
b. Office Address: Industrial Park 1, Riche Terre
c. Email Address: [email protected]

9. Disclosure and transfer
9.1 TheBrandHouse may with the consent of the Applicants pass on personal data of job applicants to third-party service providers contracted to TheBrandHouse for specific purposes (e.g recruitment agencies). Any third party, with whom TheBrandHouse may share personal data of job applicants, are obliged to keep the same securely and to use them only to fulfil the service they provide to TheBrandHouse.
9.2 Save and except as provided in the clause 9.1 above, TheBrandHouse will not pass on the personal data of job applicants to third parties unless such disclosure is necessary for the processing activities of TheBrandHouse in furtherance of a contractual relationship to which TheBrandHouse and the said applicants are privy.
9.3 As a rule, TheBrandHouse will not transfer the personal data of job applicants to another country or to another company within TheBrandHouse’s group unless the applicants have so requested and consented.
9.4 Furthermore, TheBrandHouse will not transfer the personal data of a job applicant to a different country without having carried out an adequacy test.

10. What if a job applicant does not provide personal data?
10.1 A job applicant is under no statutory or contractual obligation to provide his/her data to TheBrandHouse during the recruitment process. However, if he/she does not provide the information, we will not be in a position to process the application