Jellyfish Pictures - Privacy notice for job applicants

What is the purpose of this privacy notice and to whom does it apply?

Jellyfish Pictures (“Jellyfish”, “we” or “us”) is committed to protecting the privacy and security of your personal data. References to your “personal data” include any or all of your personal data, as the context requires, including “special categories of personal data”, which involves more sensitive information about you (for a full definition, see Article 9 of the General Data Protection Regulation (“GDPR”).

This privacy notice describes how we are or will be processing personal data about you during the application process. We may update this notice at any time and without notifying you before we do so. By “processing”, we mean such actions as collecting, using, storing, disclosing, erasing or destroying your personal data (for a full definition, see Article 4 of the GDPR.

Identity and contact details of the data controller and the data protection manager.

Jellyfish is a “data controller”. This means that we are responsible for deciding how we hold and use personal data about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

The contact details of Jellyfish are:
The Data Protection Manager (“DPM”)
c/o HR Director
Jellyfish Pictures
66/68 Margaret Street
London
W1W 8SR
Our main office number is 020 7580 1854.

The DPM is responsible for overseeing compliance with this privacy notice and for handling any data protection queries or issues involving Jellyfish. You should contact the DPM in the first instance about any issue involving data protection, whether it involves your data or anyone else’s.

What type of personal data do we process about you?

We may process the following categories of personal data about you:

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses and skype address.
• Your date of birth, gender, marital status, nationality.
• Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
• Education, training and qualifications.
• Information about suitable adjustments required during the recruitment and selection process.
• Any information you provide us during interview.
• Any information provided to us as a result of any tests (including psychometric tests) you have completed as part of the selection process.
• Reason for leaving and confidential references provided by third parties,.
We may also process the following “special categories” of more sensitive personal data:
• Information about your gender
• Information about your health, including any medical condition, health and sickness absence records.

How do we collect your personal data?

We collect personal data about you through the application and recruitment process, either directly from you or sometimes from an employment agency. We may sometimes collect additional information from third parties including former employers (in the form of references).

What are the legal bases and the purposes for which we process your personal data?

We will only use your personal data as permitted by law. We may use your personal data in any of the following circumstances (see section below for details of the situations in which we may process your data):

1. Where we have your consent to do so.
2. Where we need to perform the contract we have entered into with you.
3. Where we need to comply with a legal obligation.
4. Where the processing is necessary to protect anybody’s vital interests (used rarely).
5. Where the processing is necessary to perform a task in the public interest
6. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We are required to specify what the legitimate interests are (see below for further details).

Necessary to comply with a legal obligation

The following purposes come under this category:
• Checking that you are legally entitled to work in the UK. – your nationality and immigration status and information from related documents, such as your passport and other identification and immigration documentation.
• Compliance with the Equality Act 2010.

Necessary to perform public interest task

• The completion of equality and diversity monitoring forms in order to redress diversity imbalance in the workplace.

Necessary for our legitimate interests or those of a third party

• Personal data provided by you as part of your application form or CV, including your name, title, addresses, telephone numbers and personal email addresses and skype address – the legitimate interest is to make and maintain contact with you throughout the recruitment process.
• Personal data provided by you on your CV and application form and obtaining during interview, and/or selection testing – the legitimate interests are: to ascertain your suitability through the selection procedure and, ultimately, for employment/engagement.
• Personal data obtained through external referees or background screening providers (which may include address history, employment history, education background, criminal records information (see below for more details), credit history and employment history - the legitimate interests are: for verifying the information provided by you on your CV, to verify the relevant qualifications/requirements for the role, to verify your employee declaration and as necessary for compliance and as required by regulatory bodies, and to ensure that there are no issues that could place unnecessary risks on us or third parties.

If you fail to provide personal data

If you fail to provide certain information when requested, and we are unable to obtain it from a third party or publicly available source, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers). Depending on the nature and importance of the information requested, we may either have to cease employing or engaging you or withdraw an offer of employment or engagement.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so, before we start using it for that unrelated purpose.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is permitted by law.

How we use special categories of personal data

”Special categories” of personal data require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data. We may process special categories of personal data in the following circumstances:
1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations including obligations under employment and social security law and in line with our policies.
3. Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
Sometimes, 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.

Purposes for processing special categories of personal data

We will use your special categories of personal data in the following ways:

• We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness and other absence and to administer benefits.

Do we need your consent?

We do not need your consent if we use special categories of your personal data 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 or to use data for purposes not related to those for which we have collected it. 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. We will at the same time inform you of the consequences of not consenting and you are also reminded of your right to withdraw your consent at any time, in any cases where your consent has been sought.

What safeguards are in place in relation to the transfer of your personal data outside of the EU?

With the exception of the use of our third party provider, Workable, which is an applicant tracking system through which all applicants provide their personal data to us, neither we nor our third party suppliers envisage transferring your personal data outside the EU. Workable may transfer your personal data outside the EU but we have put in place adequate measures to ensure your personal data is keep secure and in accordance with the law.

How long will we retain your personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will retain your details for up to 6 months if you are either unsuccessful in your application or you choose not to join us. If however we believe that you may be suitable for another vacancy, we will retain your details on file for a period of up to 12 months (unless we agree otherwise) and unless you indicate otherwise, we reserve the right to contact you about other suitable vacancies within that period. If you are successful and choose to join us, certain information from the application stage will be transferred to your personnel file.

What are your rights and obligations as a data subject?

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.
Your rights in connection with personal data

Under certain circumstances, by law you have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. See the Data Subject Access Request Procedure for more details.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have exercised your right to object to processing (see below).
• Object to processing of your personal data 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.
• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to another party.
If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact the DPM in writing.

No fee usually required

You will not have to pay a fee to access your personal data (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.

What we may need from you

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 data is not disclosed to any person who has no right to receive it.
What are your rights to withdraw consent to processing?

You may withdraw your consent to allow us to continue processing your personal data, but only where consent was sought as a lawful means of processing your personal data.
In the limited circumstances where you may have provided your consent to the processing of your personal data 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 DPM. 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.

What are your rights to lodge a complaint about the way in which your personal data are being processed?
Firstly we would urge you to contact the DPM in writing so that we can try to resolve your complaint to your satisfaction. If you are not satisfied with the DPM’s response, you may contact the Information Commissioner’s Office (“ICO”) on 0303 123 1113.
You are free to contact the ICO at any time. However, the DPM may be able to answer your concerns or questions more quickly.

Personal data received from someone other than you

If we obtain personal data from someone other than you (such as a referee), we will provide you with information as to the source of such personal data and, if applicable, whether it came from publicly available sources.

What data security measures are in place to protect your personal data?

We have put in place measures to protect the security of your information. Details of these measures are available upon request but in brief, Jellyfish uses secure encrypted systems. Your personal data is held on cloud based secure sites where you are able to manage, view and amend your personal contact information. There are locked cupboards with employee/contractor/candidate personal data held securely within the HR department. Electronic data of this nature is held securely on our systems to which access is restricted via login/password to those with a legitimate need to access that information.
Third parties will only process your personal data on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Changes to this privacy notice

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 data. If you are successful in your application to work for Jellyfish, you will be issued with a slightly different Privacy Notice, for employees, workers and contractors.
If you have any questions about this privacy notice, please contact the DPM.

Acknowledgment of receipt

You will have acknowledged receipt of this notice by positive indication on our website.