Legal

Recruitment Privacy NoticeDocument Ref: 5223-A-Privacy Notice (Recruitment)Version 1.0 - Issue date: 05 December 2022

Introduction

We respect the privacy rights of individuals and are committed to handling personal information responsibly and in accordance with applicable law. It is important that you read all of this Notice carefully as it sets out how Ark Data Centres Limited (“the Company”, “we” or “us”) handles your personal information when you apply for a job or other role with us and the rights you have in connection with that information. The term “applicants” is used in this Notice to refer to anyone who applies for a job role, or who otherwise seeks to carry out work with or for us (whether on a permanent or non-permanent basis).

If you are in any doubt, or have any comments or questions about this Notice, please contact us using the contact details set out below.

Types of personal information we collect when you apply

Information that we collect automatically

You can visit the careers section of our website https://arkdatacentres.co.uk/careers/ (“Website“) and search for jobs without providing personal information. However, we do collect certain information automatically from your device when you visit our Website. For further information, please see the privacy notice that applies to the use of our Website.

In the event that you attend one of our offices or sites for an interview or assessment centre, we may also process personal information related to such visit. For more information, please see our External Third Parties Privacy Notice.

Personal Information collected from you

The types of personal information we collect and process when you apply for a role with the Company includes (but is not limited to):

Identification Data and Contact Data – including your name, address, email address, phone number and other contact information, gender, date of birth, nationality/ies, national identifiers (such as national ID/passport).
Employment History – such as previous employers and job titles/positions.
Background Information – such as academic/professional qualifications, job qualifications, education, details included in your CV/résumé (which might include details of any memberships or interests constituting sensitive personal information), transcripts and employment references.
Details of your Nominated Referee (including their name, contact details, employer and job role).
Immigration/visa Data – details of your immigration/visa status.
Previous Applicant Data – information relating to previous applications you have made to the Company’s Group and/or any previous employment history with the Company’s Group.
Other information you voluntarily provide throughout the process, including through assessment centres/exercises and interviews.

As a general rule, during the recruitment process, we try not to collect or process any of the following:

information that reveals your racial or ethnic origin, religious, political or philosophical beliefs or trade union membership;
genetic data;
biometric data for the purposes of unique identification; or
information concerning your health/sex life (“Sensitive Personal Information”), unless authorised by law or where necessary to comply with applicable laws.

However, in some circumstances, we may need to collect, or request on a voluntary disclosure basis, some Sensitive Personal Information for legitimate recruitment- related purposes: for example, information about your racial/ethnic origin, gender and disabilities for the purposes of equal opportunities monitoring, to comply with anti-discrimination laws and for government reporting obligations; or information about your physical or mental condition to consider accommodations for the recruitment process and/or subsequent job role. You may provide, on a voluntary basis, other Sensitive Personal Information during the recruitment process.

Personal information collected from other sources

In each case, where permissible and in accordance with applicable law.

References provided by referees.
Other background information provided or confirmed by academic institutions and training or certification providers.
Information provided by recruitment or executive search agencies.
Information collected from publicly available sources, including any social media platforms you use or other information available online.

Purposes for processing personal information

We collect and use this personal information primarily for recruitment purposes – in particular, to determine your qualifications for employment and to reach a hiring decision. This includes assessing your skills, qualifications and background for a particular role, verifying your information, carrying our reference checks or background checks (where applicable) and to generally manage the hiring process and communicate with you about it.

Specific information on the purposes, examples of the types of personal information processed for these purposes, and the grounds on which we process it are set out in the table below. In relation to the types of data, we have used the names of the categories identified above. The examples provided in the table cannot, of course, be exhaustive.

Purpose	Examples of personal data that might be processed	Grounds for processing
Assessing your skills, qualifications and experience for a particular role	Employment History Background Information Information you voluntarily provide through an interview or assessment process Previous Applicant Data	To take steps prior to entering into an employment contract with you.
Verifying information you have provided to us in relation to the role you are applying for	Employment History Nominated Referee	To take steps prior to entering into an employment contract with you.
To manage the hiring process and communicate with you about it	Contact Data	To take steps prior to entering into an employment contract with you.
To provide assistance in relation to the application process	Sensitive Personal Information, specifically health data	Legal obligation, such as any requirement to provide adjustments in compliance with employment law and other laws to which the Company is subject. In some cases, with your explicit consent.
Monitoring of diversity and equal opportunities	Background Information Sensitive Personal Information More specifically: to the extent required or permitted by local law, information on your nationality, racial and ethnic origin, gender, sexual orientation, religion, age and other diversity markers.	Legitimate interests as necessary for ensuring a diverse recruitment program. On substantial public interest grounds for assessment as to equality of opportunity of treatment. In some cases, with your explicit consent.

An ID check and right to work within the UK is completed by the recruitment agency as part of the recruitment process, however Ark does not receive a copy of this documentation.

If you are accepted for a role at the Company, the information collected during the recruitment process will form part of your ongoing staff member record, in addition to ID checks by Ark upon contract signature and will be processed in accordance with our Internal Privacy Notice (5158-A – Privacy Notice (Internal)).

If you are not successful, we may still keep your application to allow us to consider you for other suitable openings within Ark in the future unless you request that we delete your application for a period of up to 3 months.

Who we share your personal information with and transfers abroad

We take care to allow access to personal information only to those who require such access to perform their tasks and duties, and to third parties who have a legitimate purpose for accessing it. Whenever we permit a third party to access personal information, we will implement appropriate measures to ensure the information is used in a manner consistent with this Notice and that the security and confidentiality of the information is maintained.

Transfers to other group companies

We will only share your personal information with other members of the Company’s Group where necessary to administer the recruitment process.

Transfers to third party service providers

We may make certain personal information available to third parties who provide services relating to the recruitment process to us, including:

recruitment or executive search agencies involved in our recruitment, e.g. Quanta, Nexus, We Are WNTD, Data X Connect and Ashley James Group.
data storage, shared services and recruitment platform providers, IT developers and support providers and providers of hosting services in relation to our careers website, e.g. Blucube.

We may also disclose personal information to third parties on other lawful grounds, including:

Where you have provided your consent.
To comply with our legal obligations, including where necessary to abide by law, regulation or contract, or to respond to a court order, administrative or judicial process, including, but not limited to, a subpoena, government audit or search warrant.
In response to lawful requests by public authorities (including for tax, immigration, health and safety, national security or law enforcement purposes).
As necessary to establish, exercise or defend against potential, threatened or actual legal claims.
Where necessary to protect your vital interests or those of another person.
In connection with the sale, assignment or other transfer of all or part of our business.

In some cases, the sharing described above may result in your personal information being transferred internationally, including from the UK and European Economic Area to a country outside it. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

We do not generally process personal data outside of the UK. Where we do transfer your personal data outside of the UK to a country which is not subject to an adequacy decision, we have taken appropriate safeguards to require that your personal data will remain protected in accordance with this Notice. The safeguards we use are the European Commission’s Standard Contractual Clauses for transfers of personal data to third parties, including the UK Addendum. These require those recipients to protect personal data they process from the UK in accordance with UK data protection law.

Our Standard Contractual Clauses and UK Addendum can be provided on request. Please note that some sensitive commercial information may be redacted.

Data retention periods

Personal information will be stored in accordance with applicable laws and kept as long as needed to carry out the purposes described in this Notice or as otherwise required by applicable law. Generally this means your personal information will be retained:

in accordance with the retention periods set out in the Ark’s Internal Privacy Notice (5158-A-Privacy Notice (Internal)) which is accessible via the process hub upon becoming an employee; or
for a period of 3 months after confirmation that your application was unsuccessful unless you request that we delete your application.

Your data privacy rights

You may exercise the rights available to you under applicable data protection laws as follows:

If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided below.
You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided below.
If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact the UK Information Commissioner’s Office.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Contact details

If you have any questions or concerns relating to this notice, please contact us using the following details:

E-mail GDPR@arkdatacentres.co.uk or write to the Commercial Director at the address below.

The data controller of your personal data is Ark Data Centres Limited, Spring Park, Westwells Road, Corsham, Wiltshire SN13 9GB England.