Website Privacy Policy

This privacy policy sets out how Marbrook uses and protects any information that you give Marbrook when you use this website.

We are committed to ensuring that your privacy is protected. We will continue to comply with the provisions of the Data Protection Act (“DPA”) until 25 May 2018, after which we will comply with the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) unless and until the GDPR is no longer directly applicable in the UK, together with any national implementing laws, regulations and secondary legislation as amended or updated from time to time in the UK, and any successor legislation to the GDPR and the DPA (together “Data Protection Legislation”). We are the data controller of data you pass to us pursuant to this policy. Our Data Protection representative can be contacted at:

Data Protection Officer

14 Parkway
Welwyn Garden City
Hertfordshire
AL8 6HG
01707 248248

DPO@Marbrook.co.uk

This Privacy Policy, together with our website terms and conditions sets out how we collect personal information from you and how the personal information you provide will be processed by us. By visiting the website at www.Marbrook.co.uk you are accepting and consenting to the practices described in this Privacy Policy. If you do not consent, please do not submit any personal data to us.

What information does Marbrook hold and how will we use it?

Information you give Marbrook:

You may give us information about you by completing enquiry/referral forms on the website or by requesting via the website that we send you marketing information. The information you give us may include;

Name, job details and company name if applicable
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers

We will retain this information while we are corresponding with you or providing services to you or to a Resident you represent. We will retain this information in line with our Retention Policy. As different categories of data are required to be kept for different periods of time. We will only keep the data as long as necessary.

Information Marbrook collects about you:

Marbrook may collect the following information from you when you visit the website:

Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from the website (including date and time), products you viewed or searched for, page response times, website errors, length of visits to certain pages, page interaction information, methods used to browse away from the page and any phone number used to call our helpline

We will retain this information in line with our Retention Policy. As different categories of data are required to be kept for different periods of time. We will only keep the data as long as necessary.

What we do with the information we gather

Marbrook may use the information we receive and/or collect about you to:

Fulfil our obligations under any contract we have entered into with you or with a Resident you represent, and to provide you or the relevant Resident with information or services you or the Resident has requested.
Send you newsletters and marketing information if you have consented to us doing so
Notify you of products and services we feel may interest you, or permit third parties to do so if you have provided the appropriate consent
Monitor website usage and provide statistics to third parties for the purposes of improving and developing the website and the services we provide via the website

Marbrook processes personal information for certain legitimate business purposes, which include some or all the following:

Where the processing enables Marbrook to enhance, modify, personalise or otherwise improve the website, its services or communications
To identify and prevent fraud
To enhance the security of Marbrook’s network and information systems
To better understand how people interact with Marbrook’s websites
To administer the website and carry out data analysis, troubleshooting and testing; and
To determine the effectiveness of promotional campaigns and advertising

If we obtain consent from you to do so, we may provide your personal details to third parties so that they can contact you directly in respect of services in which you may be interested.

Where we are processing personal data we have obtained via the website on the basis of having obtained consent from you, you have the right to withdraw your consent to the processing of your personal data at any time. If you would like to withdraw your consent or prefer not to receive any of the above-mentioned information (or if you only want to receive certain information from us) please let us know by contacting the Data Protection Officer. Please bear in mind that if you object, this may affect our ability to carry out the tasks above for your benefit.

If you wish to have your information removed from our database or if you do not want us to contact you for marketing purposes, please let us know by clicking the “Unsubscribe” option in marketing emails we send to you and providing the details requested or by contacting the Data Protection Officer. And we will take steps to ensure that this information is deleted as soon as reasonably practicable.

We will not share, sell or distribute any of the information you provide to us (other than as set out in this policy) without your prior consent, unless required to do so by law.

Security

Protecting your security and privacy is important to us and we make every effort to secure your information and maintain your confidentiality in accordance with the terms of the Data Protection Legislation. The website is protected by various levels of security technology, which are designed to protect your information from any unauthorized or unlawful access, processing, accidental loss, destruction and damage.

We will do our best to protect your personal data but the transmission of information via the Internet is not completely secure. Any such transmission is therefore at your own risk.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of the website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Disclosure of your Information

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006. We may share your information with selected third parties including:

Business partners, suppliers and sub-contractors for the performance of any contract we enter with them or you
Third parties who may wish to contact you in respect of services or products they offer or sell which may be of interest to you, provided we receive your consent to such disclosure; and/or advertisers and advertising networks that require the data to select and serve relevant adverts to you and analytics and search engine providers that assist us in the improvement and optimization of the website.

Please note we may need to disclose your personal information where we:

Sell any or all our business or assets or we buy another business or assets in which case we may disclose your personal data to the prospective buyer or seller
Are under a legal duty to comply with any legal obligation or to enforce or apply our terms and conditions; or
Need to disclose it to protect our rights, property or the safety of our customers or others, including the exchange of information with other companies, organisations and/or governmental bodies for the purposes of fraud protection and credit risk reduction

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Your Rights in Respect of your Data

If any of the information you provide to us via the website changes, please let us know as soon as possible so that we can make the necessary changes to the information we hold for you on our database.

If you wish to access or rectify the information we hold about you, or request that such information be transmitted directly to another data controller, please contact the Data Protection Officer as mentioned at the top of this policy. We shall process your request to access your information within one month of receipt, or we’ll let you know within that timeframe if we need more information from you. We will process your request free of charge.

If you have any complaints about our use of your personal data, please contact us. You also have the right to complain to the relevant supervisory authority in your jurisdiction. In the UK, the supervisory authority is the Information Commissioner’s Office. Contact details for the ICO can be found at https://ico.org.uk/.

If you have any further queries or comments on our Privacy Policy, please contact us via the following email address, providing the relevant information to DPO@Marbrook.co.uk.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to DPO at Marbrook, 14 Parkway, Welwyn Garden City, Herts, AL8 6HG or emailing us at DPO@Marbrook.co.uk.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Go to: Website Policy | Employee Notice | Job Applicants Notice | Residents Notice

Employee Privacy Notice

When Marbrook processes your personal data we are required to comply with the General Data Protection Regulation 2016 (“GDPR” and is referred to as the “Data Protection Legislation”).

Marbrook is the data controller of the personal data you provide. We have appointed a Data Protection Officer and they will have day to day responsibility for ensuring that we comply with the Data Protection Legislation and for dealing with any requests we receive from individuals exercising their rights under the Data Protection Legislation.

Data Protection Officer
14 Parkway
Welwyn Garden City
Hertfordshire
AL8 6HG
01707 248248

DPO@Marbrook.co.uk

The organisation collects and processes personal data relating its employees to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does the organisation collect?

The organisation collects and processes a range of information about you. This includes

Your name, address and contact details, including email address and telephone number, date of birth and gender;
The terms and conditions of your employment;
Details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and with the organisation;
Information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
Details of your bank account and national insurance number;
Information about your marital status, next of kin, dependants and emergency contacts;
Information about your nationality and entitlement to work in the UK;
Information about your criminal record;
Details of your schedule (days of work and working hours) and attendance at work;
Details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
Details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
Assessments of your performance, including appraisals, performance reviews and ratings, performance improvement plans and related correspondence;
Information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments; and
Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
Biometric data (fingerprints) for the purposes of clocking in/out, rota management and payroll.

The organisation may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms/questionnaires completed by you at the start of or during employment; from correspondence with you; or through interviews, meetings or other reviews and assessments.

In some cases, the organisation may collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, and information from criminal records checks permitted by law.

The organisation seeks information from third parties with your consent only.

Data will be stored in a range of different places, including in your personnel file, in the organisation’s HR management systems and in other IT systems (including the organisation’s email system).

Why does the organisation process personal data?

The organisation needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefits e.g. pension entitlement.

In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee’s entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled.

In other cases, the organisation has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the organisation to:

Run recruitment processes;
Manage the rota, attendance and payroll linked to clocking in/out;
Maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights;
Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct and resident safeguarding within the workplace;
Operate and keep a record of employee performance and related processes, to plan for career development, for resident safeguarding purposes, and for succession planning and workforce management purposes;
Operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that employees are receiving the pay or other benefits to which they are entitled;
Obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, to fulfil it’s duty of care to employees, and ensure that employees are receiving the pay or other benefits to which they are entitled;
Operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the organisation complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled;
Ensure effective general Human Resource function and business administration;
Provide references on request for current or former employees;
Respond to and defend against legal claims; and
Maintain and promote equality and diversity in the workplace.

Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities). This data will be anonymised for the purpose of reporting and monitoring, although it will be linked to your identity for storage purposes and only shared with minimum necessary staff (eg HR). Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring.

The data that falls within these special categories and that the organisation uses for these purposes is anonymised or is collected with the express consent of employees, which can be withdrawn at any time. Employees are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.

Who has access to data?

Your information may be shared internally, including with members of the HR and recruitment team (including payroll), your line manager, managers in the business area in which you work and IT staff if access to the data is necessary for performance of their roles.

The organisation shares your data with third parties in order to obtain pre-employment references from other employers, and with third-party providers such as the Disclosure and Barring Service in the event of Safeguarding concerns. The organisation may also share your data with third parties in the context of a sale of some or all of its business. In those circumstances the data will be subject to confidentiality arrangements.

The organisation also shares your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits and the provision of occupational health services.

The organisation will not transfer your data to countries outside the UK.

How does the organisation protect data?

The organisation takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties. The organisation’s full GDPR policy and procedure is available to all employees on the online policy management tool and on request from the Data Protection Officer. Guidance on accessing policies and procedures will be provided through induction training.

Where the organisation engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

For how long does the organisation keep data?

Marbrook makes it easy for you to keep your personal information accurate, complete, and up to date. If any of your information changes please let us know so that we can update our records.

We are legally required to hold certain information about you for a set period of time. All personal information will be deleted or securely destroyed at the appropriate time and we will not keep your personal information for longer than is required or permitted by law in line with our data retention policy

Your rights

As a data subject, you have a number of rights. You can:

Access and obtain a copy of your data on request;
Require the organisation to change incorrect or incomplete data;
Require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
Object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing.

If you would like to exercise any of these rights, please contact the DPO for further guidance.

If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You have some obligations under your employment contract to provide the organisation with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith, trust and confidence. You may also have to provide the organisation with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.

Certain information such as contact details, your right to work in the UK and payment details, have to be provided to enable the organisation to enter a contract of employment with you. If you do not provide other information, this will hinder the organisation’s ability to administer the rights and obligations arising as a result of the employment relationship efficiently.

Automated decision-making

Some of the organisation’s recruitment processes are based solely on automated decision-making. This will only be used for the purposes of filtering out candidates who do not qualify for application, e.g. if there is no right to work in the UK, or if a minimum period of experience is not demonstrated. This will also mainly apply to online recruitment through our HR information system and will not apply to interview decision making.

CCTV

CCTV is used for the purpose of protecting and maintaining the safeguarding of our residents. Please see full CCTV policy and procedure for further details on storage and uses of CCTV footage.

Go to: Website Policy | Employee Notice | Job Applicants Notice | Residents Notice | Bank Worker Notice

Job Applicant Privacy Notice

When Marbrook processes your personal data we are required to comply with the General Data Protection Regulation 2016 (“GDPR” and is referred to as the “Data Protection Legislation”).

Data Protection Officer
14 Parkway
Welwyn Garden City
Hertfordshire
AL8 6HG
01707 248248

DPO@Marbrook.co.uk

As part of any recruitment process, the organisation collects and processes personal data relating to job applicants. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does the organisation collect?

The organisation collects a range of information about you. This includes:
Your name, address and contact details, including email address and telephone number;
Details of your qualifications, skills, experience and employment history;

Information about your current level of remuneration, including benefit entitlements;
Whether or not you have a disability for which the organisation needs to make reasonable adjustments during the recruitment process;
Information about your entitlement to work in the UK; and
Equal opportunities monitoring information, including information about your ethnic origin, marital status, sexual orientation, gender reassignment, gender, pregnancy, age, health and religion or belief.

The organisation collects this information in a variety of ways. For example, data might be contained in application forms, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment/questionnaire (including online tests).

The organisation will also collect personal data about you from third parties, such as references supplied by former employers, health information that you choose to disclose to occupational health or from your GP, information from employment background check providers and information from criminal records checks. The organisation will seek information from third parties only once a job offer to you has been made and will inform you that it is doing so.

Sensitive information (e.g. the items listed as equal opportunities monitoring information above) will be anonymised for the purpose of reporting and monitoring.

Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems (including email).

Why does the organisation process personal data?

The organisation needs to process data to take steps at your request prior to entering into a contract with you. It also needs to process your data to enter into a contract with you.

In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check a successful applicant’s eligibility to work in the UK before employment starts.

The organisation has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows the organisation to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. The organisation may also need to process data from job applicants to respond to and defend against legal claims.

Where the organisation relies on legitimate interests as a reason for processing data, it has considered whether or not those interests are overridden by the rights and freedoms of employees or workers and has concluded that they are not.

The organisation processes health information if it needs to make reasonable adjustments to the recruitment process for candidates who have a disability. We will also process health information that you choose to disclose, for the purpose of supporting your health at work and fulfilling our duty of care to you. This is to carry out its obligations and exercise specific rights in relation to employment.

Where the organisation processes other special categories of data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is for equal opportunities monitoring purposes.

The organisation is obliged to seek information about criminal convictions and offences. Where the organisation seeks this information, it does so because it is necessary for it to carry out its obligations and exercise specific rights in relation to employment.

The organisation will not use your data for any purpose other than the recruitment exercise for which you have applied.

If your application is unsuccessful, the organisation will keep your personal data on file for a period of 6 months after the recruitment process has completed in case there are future employment opportunities for which you may be suited. The organisation will ask for your consent before it keeps your data for this purpose and you are free to withdraw your consent at any time.

Who has access to data?

Your information will 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, and IT staff if access to the data is necessary for the performance of their roles.

The organisation will not share your data with third parties, unless your application for employment is successful and it makes you an offer of employment. The organisation will then share your data with former employers to obtain references for you; employment background check providers to obtain necessary background checks and the Disclosure and Barring Service to obtain necessary criminal records checks; and occupational health for the purposes of health clearance, to check you are fit for post and understand if any reasonable adjustments need to be made to enable you to deliver your role successfully.

The organisation will not transfer your data outside the UK.

How does the organisation protect data?

The organisation takes the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties. A full copy of our GDPR policy and procedure can be provided on request.

For how long does the organisation keep data?

If your application for employment is unsuccessful, the organisation will hold your data on file for 6 months after the end of the relevant recruitment process.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and other storage systems as listed above, and will be retained during your employment. We will not keep the data for longer than is required, permitted by law in line with our GDPR policy.

Your rights

As a data subject, you have a number of rights. You can:

Access and obtain a copy of your data on request;
Require the organisation to change incorrect or incomplete data;
Require the organisation to delete or stop processing your data;
Object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing; and
Ask the organisation to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the organisation’s legitimate grounds for processing data.

If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You are under no statutory or contractual obligation to provide data to the organisation during the recruitment process. However, if you do not provide the information, the organisation may not be able to process your application properly, or at all.

You are under no obligation to provide information for equal opportunities monitoring purposes and there are no consequences for your application if you choose not to provide such information.

Go to: Website Policy | Employee Notice | Job Applicants Notice | Residents Notice | Bank Worker Notice

Resident Privacy Notice

When Marbrook processes your personal data we are required to comply with the General Data Protection Regulation 2016 (“GDPR” and is referred to as the “Data Protection Legislation”).

Data Protection Officer
14 Parkway
Welwyn Garden City
Hertfordshire
AL8 6HG
01707 248248

DPO@Marbrook.co.uk

The organisation collects and processes personal data relating to its residents and their families or representatives in the provision of health and care. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does the organisation collect?

The organisation collects a range of information about you. This includes:
Your name, address and contact details, including email address and telephone number; (including details of family, friends and/or representatives)

Location Data
Medical and health records, including opinions that we document about you
Care plans
Picture ID
Financial information
NHS number
National Insurance number
Passport details, residency status and nationality
Marital status
Racial or ethnic origin
Political opinions
Religion

The organisation collects this information in a variety of ways. For example, data might be contained in Care plans, Daily Records, Medical and Health records, Medication records or collected through assessments as part of the referrals process.

The organisation will also collect personal data about you from third parties, such as your GP, local authorities, clinical commissioning groups, private medical insurers or other healthcare professionals.

Why does the organisation process personal data?

The personal information we collect and store about you allows us to provide services to you and in some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. We also use it to help us develop, operate, deliver, and improve the quality of the care we provide or, more generally, the type of services that we offer.

From time to time, we may use your personal information to send important notices to you or to those acting on your behalf, such as updates to your care and/or treatment plans or changes to our terms, conditions and policies. Because this information is important to your interaction with Marbrook, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our services and our communication with you.

We process most of your information on the grounds of performance of a contract we have entered into, protection of the vital interests of a Data Subject or, in the case of special categories of data, processing for the provision of health or social care or treatment or the management of health or social care systems or services.

Special Categories of Data include but are not limited to medical and health records (including information collected as a result of providing health care services) and information about a person’s religious beliefs, ethnic origin and race, sexual orientation and political views

Who has access to data?

Your information may be shared internally, any staff member who are responsible for carrying out care and treatment of residents, managers of the organisation in line with their responsibilities and IT staff if access to the data is necessary for performance of their roles

We will only share your personal information with third parties in the following circumstances:

Where you have given your consent to the information being shared;
Where there are issues or concerns like the health and safety of yourself or others; or
Where there is a legal requirement or responsibility to share the information.

Personal information of service users may also need to be shared with third parties to make arrangements for the funding and/or payment of services received.

How does the organisation protect data?

For how long does the organisation keep data?

Your rights

As a data subject, you have a number of rights. You can:

Access and obtain a copy of your data on request;
Require the organisation to change incorrect or incomplete data;
Require the organisation to delete or stop processing your data;
Object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing; and
Ask the organisation to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the organisation’s legitimate grounds for processing data.

There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we will let you know.

If you would like to exercise any of these rights, please contact the Data Protection Officer. You can make a subject access request by completing the organisation’s form for making a subject access request, the form is available on request. We will respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we will let you know.

If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner.

CCTV

CCTV is installed in the communal areas of Marbrook’s care homes. Its use is strictly for the purpose of protecting and maintaining the safeguarding of our residents and for the detection and prevention of crime.

Go to: Website Policy | Employee Notice | Job Applicants Notice | Residents Notice | Bank Worker Notice

Bank/Casual Worker Privacy Notice

When Marbrook processes your personal data we are required to comply with the General Data Protection Regulation 2016 (“GDPR” and is referred to as the “Data Protection Legislation”).

Data Protection Officer

14 Parkway

Welwyn Garden City

Hertfordshire

AL8 6HG

01707 248248

DPO@Marbrook.co.uk

The organisation collects and processes personal data relating its bank/casual workers to manage the engagement relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

What information does the organisation collect?

The organisation collects and processes a range of information about you. This includes

Your name, address and contact details, including email address and telephone number, date of birth and gender;
The terms and conditions of your engagement;
Details of your qualifications, skills, experience and employment history, including start and end dates, with previous employers and details of engagement and assignments with the organisation;
Information about your remuneration, including entitlement to benefits such as pensions or insurance cover;
Details of your bank account and national insurance number;
Information about your marital status, next of kin, dependants and emergency contacts;
Information about your nationality and entitlement to work in the UK;
Information about your criminal record;
Details of your schedule (days of work and working hours) and attendance at work;
Details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave;
Details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence;
Assessments of your performance, including appraisals, performance reviews and ratings, performance improvement plans and related correspondence;
Information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments; and
Equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or belief.
Biometric data (fingerprints) for the purposes of clocking in/out, rota management and payroll.

The organisation may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms/questionnaires completed by you at the start of or during engagement; from correspondence with you; or through interviews, meetings or other reviews and assessments.

The organisation seeks information from third parties with your consent only.

Why does the organisation process personal data?

The organisation needs to process data to enter into an agreement with you and to meet its obligations under your agreement. For example, it needs to process your data to provide you with an agreement, to pay you in accordance with your agreement and to administer benefits e.g. pension entitlement.

In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check a bank/casual worker’s entitlement to work in the UK, to deduct tax, and to comply with health and safety laws.

In other cases, the organisation has a legitimate interest in processing personal data before, during and after the end of the engagement relationship. Processing bank/casual worker data allows the organisation to:

Run recruitment processes;
Manage the rota, attendance and payroll linked to clocking in/out;
Maintain accurate and up-to-date engagement records and contact details (including details of who to contact in the event of an emergency), and records of bank/casual worker’s contractual and statutory rights;
Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct and resident safeguarding within the workplace;
Operate and keep a record of bank/casual workers performance and related processes, to plan for career development, for resident safeguarding purposes, and for succession planning and workforce management purposes;
Operate and keep a record of absence and absence management procedures, to allow effective workforce management and ensure that bank/casual workers are receiving the pay or other benefits to which they are entitled;
Obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, to fulfil it’s duty of care to bank/casual workers, and ensure that bank/casual workers are receiving the pay or other benefits to which they are entitled;
To allow effective workforce management, to ensure that the organisation complies with duties in relation to leave entitlement or payment in lieu of; and to ensure that bank/casual workers are receiving the pay or other benefits to which they are entitled;
Ensure effective general Human Resource function and business administration;
Provide references on request for current or former bank/casual workers
Respond to and defend against legal claims; and
Maintain and promote equality and diversity in the workplace.

Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to bank/casual workers with disabilities). This data will be anonymised for the purpose of reporting and monitoring, although it will be linked to your identity for storage purposes and only shared with minimum necessary staff (e.g. HR). Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation, health or religion or belief, this is done for the purposes of equal opportunities monitoring.

The data that falls within these special categories and that the organisation uses for these purposes is anonymised or is collected with the express consent of bank/casual workers, which can be withdrawn at any time. Bank/casual workers are entirely free to decide whether or not to provide such data and there are no consequences of failing to do so.

Who has access to data?

The organisation also shares your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits and the provision of occupational health services.

The organisation will not transfer your data to countries outside the UK.

How does the organisation protect data?

The organisation takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties. The organisation’s full GDPR policy and procedure is available to all bank/casual workers on the online policy management tool and on request from the Data Protection Officer. Guidance on accessing policies and procedures will be provided through induction training.

For how long does the organisation keep data?

Marbrook makes it easy for you to keep your personal information accurate, complete, and up to date. If any of your information changes please let us know so that we can update our records.

Your rights

As a data subject, you have a number of rights. You can:

Access and obtain a copy of your data on request;
Require the organisation to change incorrect or incomplete data;
Require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
Object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing.

If you would like to exercise any of these rights, please contact the DPO for further guidance.

If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner.

What if you do not provide personal data?

You have some obligations under your agreement to provide the organisation with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith, trust and confidence. You may also have to provide the organisation with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.

Certain information such as contact details, your right to work in the UK and payment details, have to be provided to enable the organisation to enter an agreement with you. If you do not provide other information, this will hinder the organisation’s ability to administer the rights and obligations arising as a result of the engagement relationship efficiently.

Automated decision-making

Some of the organisation’s recruitment processes are based solely on automated decision-making. This will only be used for the purposes of filtering out candidates who do not qualify for application, e.g. if there is no right to work in the UK, or if a minimum period of experience/qualification is not demonstrated. This will also mainly apply to online recruitment through our HR information system and will not apply to interview decision making.

CCTV

CCTV is used for the purpose of protecting and maintaining the safeguarding of our residents. Please see full CCTV policy and procedure for further details on storage and uses of CCTV footage.

National Data Opt-Out Statement

Marbrook reviews all our data processing on an annual basis to assess if the national data opt-out applies. This is recorded in our Record of Processing Activities. All new processing is assessed to see if the national data opt-out applies.

If any data processing falls within scope of the National Data Opt-Out we use MESH to check if any of our service users have opted out of their data being used for this purpose.