You are required to sign and date this privacy notice. Ray of Sunshine Care Ltd may update the privacy notice at any time and will notify you in writing of any changes. Following any update to the privacy notice, you are required to review, sign, and return any new version issued.
When Ray of Sunshine Care Ltd processes your personal data, it is required to comply with the Data Protection Act 2018 (“DPA”) and the UK GDPR (the DPA and UK GDPR are together referred to as the “Data Protection Legislation”).
Your personal data includes all the information we hold that identifies you or is about you, for example, your name, email address, postal address, date of birth, location data, and in some cases opinions that we document about you, as well as special categories of data including, but not limited to, medical and health records and information about your religious beliefs, ethnic origin and race, sexual orientation and political views.
Everything we do with your personal data counts as processing it - including collecting, storing, amending, transferring and deleting it. We are therefore required to comply with the Data Protection Legislation to make sure that your information is properly protected and used appropriately.
This privacy policy provides information about the personal data we process, why we process it and how we process it.
Our responsibilities
Ray of Sunshine Care Ltd is the data controller of the personal data you provide. We have appointed Anthony Hughes as Nominated Individual 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.
Why do we process your personal data?
We process your personal data for HR, employment and administrative purposes. We need your personal data to make sure you have all you need to be able to work at Ray of Sunshine Care Ltd, to make sure you are safe and secure at work and to make sure you receive all the benefits and rights to which you are entitled.
We process your personal data on a number of grounds including, but not limited to, our legitimate interests, our contract with you, our legal obligations and our rights and responsibilities as your employer. More information about the types of data we process and the grounds for processing are set out in the table below
| Type of Data |
Grounds for Processing |
| Identity data such as your first name, middle names, last name, date of birth and gender |
Legal obligation |
| Marital status and title |
Legitimate interests |
| Contact data such as your postal address, email address and telephone numbers |
Legitimate interests |
| Immigration checks |
Legal obligation |
| Financial data including your bank account details, payroll records and tax status information |
Legal obligation |
| National Insurance number |
Legal obligation |
| Next of kin and emergency contact information |
Legitimate interests |
| Information about your dependants |
Contractual requirement |
| Background data such as your education, career background and work experience |
Legitimate interests |
| Personal information such as your skills and qualities |
Legitimate interests |
| Salary, annual leave and pension information |
Legal obligation |
| Benefits information including life assurance and ill health cover |
Contractual requirement |
| Start date and, if different, the date of your continuous employment |
Legal obligation |
| Leaving date |
Legal obligation |
| Your reason for leaving |
Legitimate interests |
| Location of employment or workplace |
Legal obligation |
| Copy of passport |
Legal obligation |
| Employment records including job titles and work history |
Legitimate interests |
| Training records |
Legal obligation or legitimate interests, depending on the type of training |
| Information about working hours and holidays |
Legal obligation |
| Maternity and paternity leave information |
Legal obligation |
| Performance information |
Legitimate interests |
| Disciplinary and grievance information |
Legal obligation |
| Accident records |
Legal obligation |
| CCTV images (more information is set out below) |
Legitimate interests |
| Information about your ethnicity/racial background |
Provision of this information is voluntary and therefore collected on the grounds of your consent [If this information is not collected on the grounds of consent (including if the employee is required to provide the information), this will need to be updated to reflect one of the grounds for processing special categories of data. If the processing is collected anonymously it is not personal data and can therefore be deleted from this table] |
| Special categories of data to the extent we need such information to make sure you are comfortable and safe at work including information relating to your health and medical conditions |
Required for us to meet our obligations and exercise our rights as your employer |
| Any other information included on any CV, application or covering letter you provided to us |
Consent on the basis that the information was provided voluntarily |
If none of the grounds set out above applies, we will obtain separate consent from you to the processing of your personal data. You can withdraw your consent at any time. This will not affect the lawfulness of any processing we carried out prior to you withdrawing your consent.
Who will receive your personal data?
Please note - although the UK is no longer part of the EU, we still comply with the following:
We only transfer your personal data to the extent we need to. Recipients of your personal data include:
- CQC
- Local Authority
- Accountant
- DBS and the Police
We do not transfer your personal data outside of the EEA.
How long will we keep your personal data?
We will retain your personal data for 6 Years. Ray of Sunshine care Ltd feels this period of time is appropriate for such events for example, if Ray of Sunshine Care Ltd is concerned that an employee may suffer personal injury as a result of their employment. Further guidance about appropriate retention periods for employee and HR personal data is included in the Data Security and Data Retention Policy and Procedure]. Your information will be kept securely at all times. Following the end of the relevant retention period, your files and the personal data covered by the retention period will be permanently deleted or destroyed.
What are your rights?
You benefit from a number of rights in respect of the personal data we hold about you. We have summarised the rights which may be available to you below, depending on the grounds on which we process your data. More information is available from the Information Commissioner’s Office website (https://ico.org.uk/for-organisations/guide- to-the-general-data-protection-regulation-gdpr/individual-rights/). These rights apply for the period in which we process your data.
Access to your data
You have the right to ask us to confirm that we process your personal data, as well as having the right to request access to/copies of your personal data. You can also ask us to provide a range of information, although most of that information corresponds to the information set out in this privacy policy.
We will provide the information free of charge unless your request is manifestly unfounded, excessive or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge you if you request more than one copy of the same information.
We will provide the information you request as soon as possible and in any event within one month of receiving your request. If we need more information to comply with your request, we will let you know.
Rectification of your data
If you believe personal data we hold about you is inaccurate or incomplete, you can ask us to rectify that information. We will comply with your request within one month of receiving it unless we do not feel it is appropriate, in which case
we will let you know why. We will also let you know if we need more time to comply with your request.
Right to be forgotten
In some circumstances, you have the right to ask us to delete personal data we hold about you. This right is available to you:
- Where we no longer need your personal data for the purpose for which we collected it
- Where we have collected your personal data on the grounds of consent and you withdraw that consent
- Where you object to the processing and we do not have any overriding legitimate interests to continue processing the data
- Where we have unlawfully processed your personal data (i.e. we have failed to comply with UK GDPR); and
- Where the personal data has to be deleted to comply with a legal obligation
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.
Right to restrict processing
In some circumstances, you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data but we do not have to delete it. This right is available to you:
- If you believe the personal data we hold is not accurate – we will cease processing it until we can verify its accuracy
- If you have objected to us processing the data – we will cease processing it until we have determined whether our legitimate interests override your objection
- If the processing is unlawful; or
- If we no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim
Data portability
You have the right to ask us to provide your personal data in a structured, commonly used and machine-readable format so that you are able to transmit the personal data to another data controller. This right only applies to personal data you provide to us:
- Where processing is based on your consent or for performance of a contract (i.e. the right does not apply if we process your personal data on the grounds of legitimate interests); and
- Where we carry out the processing by automated means
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.
Right to object
You are entitled to object to us processing your personal data:
- If the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority
- For direct marketing purposes (including profiling); and/or
- For the purposes of scientific or historical research and statistics
In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling, legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
Automated decision making
Automated decision making means making a decision solely by automated means without any human involvement. This would include, for example, an online credit reference check that makes a decision based on information you
input without any human involvement. It would also include the use of an automated clocking-in system that automatically issues a warning if a person is late a certain number of times (without any input from HR, for example).
We do not carry out any automated decision making using your personal data.
Your right to complain about our processing
If you think we have processed your personal data unlawfully or that we have not complied with UK GDPR, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”). You can call the ICO on 0303 123 1113 or get in touch via other means, as set out on the ICO website: https://ico.org.uk/concerns/.