Privacy Notice
(Fair Processing Notice- FPN):
Prospective Employees and Job Applicants
Introduction
Formula E Operations Limited and Formula E Race Operations Limited (“Formula E”) is committed to maintaining the accuracy, confidentiality and security of Your personal information. This Fair Processing
Notice (FPN) describes the personal information that Formula E collects from or about You (“You”, “Your”), and how We use and to whom We disclose that information.
1. This privacy notice describes how Formula E (“We”, “Us” and “Our”) collects and uses personal information about You during and after Your working relationship with Us, in accordance with the General Data Protection Regulation (GDPR).
2. We are a "data controller". This means that We are responsible for deciding how We hold and use personal information about You. We are required under data protection legislation to notify You of the information contained in this privacy notice.
3. This notice applies to prospective employees and job applicants. We may update this notice at any time but if We do so, We will provide You with an updated copy of this notice as soon as reasonably practical.
4. It is important that You read and retain this notice, together with any other privacy notice We may provide on specific occasions when We are collecting or processing personal information about You, so that You are aware of how and why We are using such information and what Your rights are under the data protection legislation.
5. We will comply with data protection law. This says that the personal information We hold about You must be:
i. Used lawfully, fairly and in a transparent way.
ii. Collected only for valid purposes that We have clearly explained to You and not used in any way that is incompatible with those purposes.
iii. Relevant to the purposes We have told You about and limited only to those purposes.
iv. Accurate and kept up to date.
v. Kept only as long as necessary for the purposes We have told You about.
vi. Kept securely.
6. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
7. 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.
What Personal Information Do We Collect?
8. For all job applicants, We will collect, store, and use some of the following categories of personal information about You:
i. Personal contact details such as name, title, addresses, telephone numbers, personal email addresses and equal monitoring information.
ii. Any other details about You contained within Your CV, covering letter or social media account through which You applied for this job.
9. For prospective employees put forward to interview, We will collect, store, and use all data sets specified in Section 8 above, plus the following categories of personal information about you:
i. Details of Your current or last salary.
ii. Details of Your current notice period.
iii. Confirmation of Your right to work in the UK.
iv. Any reasonable adjustments You require at application or interview.
Why Do We Collect Personal Information?
10. We will only use Your personal information when the law allows Us to. Most commonly, We will use Your personal information in the following circumstances:
i. Where We need to comply with a legal obligation.
ii. Where it is necessary for legitimate interests pursued by Us or a third party and Your interests and fundamental rights do not override those interests.
11. We may also use Your personal information in the following situations, which are likely to be rare:
i. Where We need to protect Your interests (or someone else's interests).
ii. Where it is needed in the public interest or for official purposes.
iii. We need all the categories of information in the list above primarily to allow Us to perform Our contract with You and to enable Us to comply with.
12. We need all the categories of information in the list above primarily to allow Us to perform Our contract with You and to enable Us to comply with legal obligations. In some cases, We may use Your personal information to pursue legitimate interests provided Your interests and fundamental rights do not override those interests. The situations in which We will process Your personal information are listed below.
i. Making a decision about Your recruitment or appointment.
ii. Checking You are legally entitled to work in the UK.
viii. Assessing qualifications for a particular job or task.
xix. To prevent fraud.
xx. Equal opportunities monitoring.
13. Some of the above grounds for processing will overlap and there may be several grounds which justify Our use of Your personal information.
How Do We Use Your Personal Information?
14. "Special categories" of particularly sensitive personal information, such as information about Your health, racial or ethnic origin, sexual orientation or trade union membership, require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
15.
i. In limited circumstances, with Your explicit written consent.
ii. Where it is needed in the public interest, such as for equal opportunities monitoring.
16. Less commonly, We may process this type of information where it is needed in relation to legal claims or where it is needed to protect Your interests (or someone else's interests) and You are not capable of giving Your consent, or where You have already made the information public.
17. We do not need Your consent if We use special categories of Your personal information in accordance with Our written policy to carry out Our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, We may approach You for Your written consent to allow Us to process certain particularly sensitive 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.
18. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
i. Where We have notified You of the decision and given You 21 days to request a reconsideration.
ii. Where it is necessary to perform the contract with You and appropriate measures are in place to safeguard Your rights.
iii. In limited circumstances, with Your explicit written consent and where appropriate measures are in place to safeguard Your rights.
19. If We make an automated decision on the basis of any particularly sensitive personal information, We must have either Your explicit written consent or it must be justified in the public interest, and We must also put in place appropriate measures to safeguard Your rights.
20. We may have to share Your data with third parties, including third-party service providers and other entities in the group.
21. We require third parties to respect the security of Your data and to treat it in accordance with the law. We may transfer Your personal information outside the EU. If We do, You can expect a similar degree of protection in respect of Your personal information.
22. We have put in place measures to protect the security of Your information. Details of these measures are available upon request.
23. Where Your consent is required this will always be captured in a clear unambiguous way to ensure You are fully informed as to what You are consenting to. Where Your consent is required for Our collection, use or disclosure of Your personal information, You may, at any time, subject to legal or contractual restrictions and reasonable notice, withdraw Your consent. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to the Data Protection Officer.
How is Your Personal Information Protected?
24. Formula E endeavours to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to protect Your personal information from loss and unauthorized access, copying, use, modification or disclosure.
How Long is Your Personal Information Retained?
25. If you have applied to work for Formula E and have been unsuccessful, we may retain your data in order to suggest other suitable roles based on your preferences. Your data will initially be retained for 12 months. Towards the end of this period, we may contact you to request your consent to retain the data for an additional 12 months for this purpose.
Updating Your Personal Information
26. 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 Legal Rights
27. Under certain circumstances, by law You have the right to:
i. 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.
ii. 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.
iii. 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).
iv. 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.
v. 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.
vi. Request the transfer of Your personal information to another party.
28. If You want to review, verify, correct or request erasure of Your personal information, object to the processing of Your personal data, or request that We transfer a copy of Your personal information to another party, please contact Formula E’s Data Protection Officer in writing. You will not have to pay a fee to access Your personal information (or to exercise any of the other rights). However, We may charge a reasonable fee if Your request for access is clearly unfounded or excessive. Alternatively, We may refuse to comply with the request in such circumstances.
29. Any questions You may have regarding the processing of Your personal data should be directed to the Data Protection Officer of Formula E.
30. We may need to request specific information from You to help Us confirm Your identity and ensure Your right to access the information (or to exercise any of Your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
31. In the limited circumstances where You may have provided Your consent to the collection, processing and transfer of Your personal information for a specific purpose, You have the right to withdraw Your consent for that specific processing at any time. To withdraw Your consent, please contact the Data Protection Officer. Once We have received notification that You have withdrawn Your consent, We will no longer process Your information for the purpose or purposes You originally agreed to, unless We have another legitimate basis for doing so in law.
32. We reserve the right to update this privacy notice at any time, and We will provide You with a new privacy notice 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.