Data protection privacy notice (recruitment)

Date this notice applies from: 25 May 2018

This Recruitment Fair Processing Notice (RFPN) explains what personal data (information) we will hold about you, how we collect it, and how we will use and may share information about you during the application process. We are required to notify you of this information, under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information about you. We may update this notice at any time.

Who collects the information

Orchard Information Systems Limited (‘Orchard’) is a ‘data controller’ and gathers and uses certain information about you. This information is also used by our affiliated entities and group companies, namely in4systems Limited (our ‘group companies’) and so, in this notice, references to ‘we’ or ‘us’ mean Orchard and our group companies.

Data protection principles

We will comply with the data protection principles when gathering and using personal information, as set out in our Employee Data Protection Policy.

About the information we collect and hold

What information
We may collect the following information up to and including the shortlisting stage of the recruitment process:

  • Your name and contact details (ie address, home and mobile phone numbers, email address);
  • Details of your qualifications, experience, employment history (including job titles, salary and working hours) and interests;

We may collect the following information after the shortlisting stage, and before making a final decision to recruit:

  • Information about your previous academic and/or employment history*
  • Information regarding your academic and professional qualifications *
  • Information regarding your criminal record, in criminal records certificates (CRCs) and enhanced criminal records certificates (ECRCs) *
  • Your nationality *
  • Information regarding any disability or medical conditions;

* You are required (by law or in order to enter into your contract of employment) to provide these categories of information to enable us to verify your right to work and suitability for the position.

How we collect the information

We may collect this information from you, from a recruitment agency (where your application is via an agency), your referees (details of whom you will have provided), your education provider, the relevant professional body, the Disclosure and Barring Service (DBS) and the Home Office. We may also obtain information about you from publicly available sources such as your LinkedIn profile or other social media platforms.

Why we collect the information and how we use it

We will typically collect and use this information for the following purposes:

  • to take steps to enter into a contract;
  • for compliance with a legal obligation (eg our obligation to check that you are eligible to work in the United Kingdom);
  • for the performance of a task carried out in the public interest; and
  • for the purposes of our legitimate interests, but only if these are not overridden by your interests, rights or freedoms.

We seek to ensure that our information collection and processing is always proportionate. We will notify you of any changes to information we collect or to the purposes for which we collect and process it.


We may require you to provide details of referees as part of your application.  This is the personal data of the referees and you must inform the referees that you are providing us with their personal data.  You must give the referees our contact details and inform them that they may contact us if they have any questions about how their personal data will be used.

How we may share the information

We may also need to share some of the above categories of personal information with other parties, such as HR consultants and professional advisers. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations. We may also be required to share some personal information as required to comply with the law.

Sensitive personal information and criminal records information

Data protection legislation identifies certain types of sensitive personal data as special categories and requires that we have an additional legal basis for processing such data.

During the recruitment process we may collect, store and use the following special category data from you, for the purposes set out below:

  • Information regarding any disability or medical conditions: we may collect, store and use this information where it is relevant to any request by you for adjustments to the recruitment process.  Our legal basis for doing so is that we need this information to comply with a legal obligation on us not to discriminate in the recruitment process and to make reasonable adjustments to accommodate a disability.
  • Information regarding your criminal record: we may collect, store and use this information for the purpose of assessing your suitability for the role and to confirm any information provided by you.  Our legal basis for doing so is that you have given us your explicit consent.

Where information may be held

Information may be held at our offices and those of our group companies, and third party agencies, service providers, representatives and agents as described above.

How long we keep your information

We keep the personal information that we obtain about you during the recruitment process for no longer than is necessary for the purposes for which it is processed. How long we keep your information will depend on whether your application is successful and you become employed by us, the nature of the information concerned and the purposes for which it is processed.

We will keep recruitment information (including interview notes) for no longer than is reasonable, taking into account the limitation periods for potential claims such as race or sex discrimination (as extended to take account of early conciliation), after which they will be destroyed. If there is a clear business reason for keeping recruitment records for longer than the recruitment period, we may do so but will first consider whether the records can be pseudonymised, and the longer period for which they will be kept.

If your application is successful, we will keep only the recruitment information that is necessary in relation to your employment. For further information, see our Employee Data Protection Policy.

Keeping applications on file

If you have given us your consent to do so, we may keep your personal data for 12 months.  We will do this to allow us to identify any other vacancies that arise in that period for which you may be suitable and will use this data to contact you if such a vacancy arises. Following the 12 month period the personal data will be deleted at the next scheduled monthly deletion point.

If your data changes during this 12 month period, or you wish us to remove your data from our files, you have the right to ask for the data to be corrected or deleted, as set out below.

Your rights to correct and access your information and to ask for it to be erased

Please contact our Legal and Contracts team, who have responsibility for data protection, who can be contacted by email at or by telephone on 0191 203 2500 if (in accordance with applicable law) you would like to correct or request access to information that we hold relating to you or if you have any questions about this notice. You also have the right to ask our Legal and Contracts team for some but not all of the information we hold and process to be erased (the ‘right to be forgotten’) in certain circumstances.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

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

How to complain

We hope that our Legal and Contracts Manager can resolve any query or concern you raise about our use of your information. If not, contact the Information Commissioner at or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint.